CELEX: 31987R0863
Language: en
Date: 1987-03-26
Title: Commission Regulation (EEC) No 863/87 of 25 March 1987 fixing the export refunds on fruit and vegetables

26. 3 . 87                               Official Journal of the European Communities                              No L 82/33
                                      COMMISSION REGULATION (EEC) No 863/87
                                                       of 25 March 1987
                                     fixing the export refunds on fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas tomatoes, sweet fresh oranges, fresh mandarins,
                                                                   fresh lemons, apples and peaches of the common quality
Having regard to the Treaty establishing the European              standards 'Extra' Class, Class I and Class II, 'Extra' Class
Economic Community,                                                and Class I hothouse grapes and open ground grapes,
                                                                   almonds and hazelnuts, and unshelled walnuts may at
                                                                   present be exported in economically significant quanti­
Having regard to the Act of Accession of Spain and                 ties :
Portugal,
Having regard to Council Regulation (EEC) No 1035/72               Whereas, if the refund system is to operate normally,
of 18 May 1972 on the common organization of the                   refunds should be calculated on the following basis :
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 1351 /86 (2), and in particular Article
30 (4) thereof,                                                    — in the case of currencies which are maintained in rela­
                                                                        tion to each other at any given moment within a band
                                                                        of 2,25 % , a rate of exchange based on their central
Having regard to the opinion of the Monetary Committee,
                                                                        rate, multiplied by the coefficient provided for in the
                                                                        last indent of Article 3 (1) of Regulation (EEC) No
Whereas Article 30 of Regulation (EEC) No 1035/72                       1676/85 0,
provides that, to the extent necessary to allow econom­
ically significant quantities to be exported, the difference       — for other currencies, an exchange rate based on the
between prices in international trade for the products                  arithmetic mean of the spot market rates of each of
referred to in that Article and prices for the products                 these currencies recorded over a given period in rela­
within the Community may be covered by an export                        tion to the Community currencies referred to in the
refund ;                                                                previous indent, and the aforesaid coefficient ;
Whereas Article 2 of Council Regulation (EEC) No                   Whereas it follows from applying these detailed rules to
2518/69 of 9 December 1969 laying down general rules               the present market situation and to its future trends, and
for the granting of refunds on exports of fruit and vegeta­        in particular to quotations and prices for fruit and vegeta­
bles and criteria for fixing their amounts (3), as amended         bles in the Community and in international trade that the
by Regulation (EEC) No 2455/72 (4), provides that when             refunds should be as set out in the Annex hereto ;
refunds are being fixed, account must be taken of the
existing situation and future trends with regard to prices
and availabilities of fruit and vegetables on the Commu­
nity market on the one hand and prices in international            Whereas the obligations under Article 10 (1 ) (b) of
trade on the other ; whereas account must also be taken of         Commission Regulation (EEC) No 2730/79 of 29
the costs indicated in (b) of that Article and of the              November 1979 laying down common detailed rules for
economic aspects of the proposed exports ;                         the application of the system of export refunds on agri­
                                                                   cultural products (*), last amended by Regulation (EEC)
                                                                   No 3903/86 Q, may be relaxed in the case of exports to
Whereas, pursuant to Article 3 of Regulation (EEC) No              non-member countries outside Europe ; whereas, in such
2518/69, when prices on the Community market are                   a case, Article 23 (1 ) (c) of Regulation (EEC) No 2730/79
being determined account must be taken of the prices               may be applied ;
which are most favourable from the exportation point of
view ; whereas, when prices in international trade are
being determined, the quotations and prices referred to in         Whereas, for Spain and Portugal, the Act of Accession
paragraph 2 of that Article must be taken into account ;           introduce transitional measures by phases and stages
                                                                   respectively ; whereas, in particular as regards the arrange­
Whereas the situation with regard to international trade or        ments applicable to exports to Spain from the Commu­
the specific requirements of certain markets may make it           nity as constituted at 31 December 1985, Article 141
necessary to vary the refund for a given product according         provides that, during the first phase, the Community is
to the destination of that product ;                               not in principle to grant export refunds ; whereas,
                                                                   pursuant to Article 146, the Kingdom of Spain is to be a
(>) OJ  No  L  118, 20. 5. 1972, p. 1 .
0   OJ  No  L  119, 8. 5. 1986, p. 45.                             0 OJ No L 164, 24. 6. 1985, p. 1 .
(3) OJ  No  L  318, 18. 12. 1969, p. 17.                           («) OJ No L 317, 12. 12. 1979, p. 1 .
(4) OJ  No  L  266, 25. 11 . 1972, p. 7.                           n OJ No L 364, 23. 12. 1986, p. 13.
 ---pagebreak--- No L 82/34                            Official Journal of the European Communities                              26. 3 . 87
authorized to maintain, during the first phase, for exports     HAS ADOPTED THIS REGULATION :
to third countries, the arrangements in force before its
accession for such trade, including any export aid or                                   Article 1
subsidies ; whereas Article 275 provides for a special
procedure for the grant of refunds on exports to Portugal       1.   The export refunds on fruit and vegetables shall be
from the Community as constituted at 31 December                as set out in the Annex hereto.
1985 ; whereas, pursuant to Article 283, the Portugueuse
Republic is to be authorized to maintain, during the first      2. The provisions of Articles 10 (l)(b) and 23 (l)(c) of
stage, for exports to third countries, the arrangements in      Regulation (EEC) No 2730/79 shall apply to exports of
force before its accession for such trade, including any        sweet oranges, mandarin oranges, lemons, open ground
export aid or subsidies ; whereas, under those circum­          table grapes, walnuts in shell, shelled hazelnuts and
stances, refunds for such exports should not be provided        apples as set out in the Annex hereto.
for in this Regulation ;
Whereas the measures provided for in this Regulation are                                Article 2
in accordance with the opinion of the Management
Committee for Fruit and Vegetables,                             This Regulation shall enter into force on 27 March 1987.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at 25 March 1987.
                                                                         For the Commission
                                                                          Frans ANDRIESSEN
                                                                             Vice-President
 ---pagebreak--- 26. 3. 87                              Official Journal of the European Communities                                            No L 82/35
                                                                  ANNEX
          to the Commission Regulation of 25 March 1987 fixing the export refunds on fruit and
                                                                vegetables
                                                                                                                  (ECU kg net)
                   CCT
                 heading                                           Description                                     Refund 0
                    No
          ex 07.01 M              Tomatoes ("Extra' Class, Class I and Class II)                                     4,50
          ex 08.02 A I            Sweet fresh oranges :
                                   For export of varieties Biondo comune and Sanguigno comune
                                  ('Extra* Class, Class I and Class II) to :
                                  — Countries or States with a planned economy in central or
                                       eastern Europe and Yugoslavia                                                  8,00
                                  — Other destinations                                                                5,32
                                  For export of variety Valencia late ('Extra' Class, Class I and Class
                                  II) to :
                                  — Countries or States with a planned economy in central or
                                       eastern Europe and Yugoslavia                                                17,00
                                  — Other destinations                                                              12,00
                                  For export of other varieties ('Extra' Class, Class I and Class II)
                                  to :
                                  — Countries or States with a planned economy in central or
                                       eastern Europe and Yugoslavia                                                14,50
                                  — Other destinations                                                               9,67
          ex 08.02 B II           Fresh mandarins CExtra' Class, Class I and Class II)                                7,25
          ex 08.02 C              Fresh lemons ('Extra' Class, Class I and Class II)
                                  For export to :
                                  — Countries or States with a planned economy in central or
                                       eastern Europe and Yugoslavia                                                15,00
                                  — Other destinations                                                              10,00
          ex 08.04 A I            Table grapes :
                                  — Fresh, open ground ('Extra' Class and Class I)                                  10,50
                                  — Fresh, hothouse ('Extra' Class and Class I)                                     19,34
          ex 08.05 A II           Shelled almonds, other than bitter almonds                                          9,67
          ex 08.05 B              Unshelled walnuts                                                                 14,00
          ex 08.05 G              Unshelled hazelnuts                                                                 7,50
          ex 08.05 G              Shelled hazelnuts                                                                 14,51
          ex 08.06 A II           Apples ('Extra' Class, Class I and Class II) other than cider
                                  apples :
                                   For export to :
                                  — Botswana, Lesotho, Swaziland, Zambia, Malawi, Mozambique,
                                       Tanzania, Kenya, Rwanda, Burundi, Uganda, Somalia,
                                       Madagascar, Comoros, Mauritius, Sudan, Ethiopia, Jibuti, the
                                       countries of the Arabian peninsula ('), Iran, Iraq and Jordan                12,00
                                  — Countries        and    territories  of   Africa    other   than   those
                                       mentioned above and South Africa, Syria, countries with a
                                       planned economy in central and eastern Europe, Yugoslavia,
                                       Bolivia, Brazil, Venezuela, Peru, Panama, Ecuador, Colombia,
                                       Iceland, Norway, Sweden, Austria, the Faroe Islands, Finland
                                       and Greenland                                                                 4,00
          (') For the purpose of this Regulation the 'countries of the Arabian peninsula are considered to be the following,
              including the territories attached thereto : Saudi Arabia, Bahrain, Qatar, Kuwait, the Sultanate of Oman, United
              Arab Emirates (Abu Dhabi, Dubai, Sharjah, Ajman, Umm al Qawain, Fujairah, Ras A1 Khaimah), Yemen Arab
              Republic (North Yemen) and the People's Democratic Republic of Yemen (South Yemen).
          0 The refunds fixed in this Regulation shall not apply to exports :
              — to Spain and Portugal from the Community as constituted at 31 December 1985,
              — to third countries from Spain and Portugal.