CELEX: 31994R2738
Language: en
Date: 1994-11-10 00:00:00
Title: Commission Regulation (EC) No 2738/94 of 9 November 1994 fixing the export refunds for products processed from fruit and vegetables as provided for in Article 12 of Council Regulation (EEC) No 426/86

No L 289/ 12                             Official Journal of the European Communities                                  10 . 11 . 94
                                       COMMISSION REGULATION (EC) No 2738 /94
                                                        of 9 November 1994
                   fixing the export refunds for products processed from fruit and vegetables as
                          provided for in Article 12 of Council Regulation (EEC) No 426/86
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         on the Community market are being determined, of the
                                                                      ruling prices which are most favourable from the point of
                                                                     view of exportation ; whereas, when prices in international
                                                                      trade are being determined, account should be taken of
  Having regard to the Treaty establishing the European               the prices referred to in paragraph 2 of the said Article ;
  Community,
                                                                     Whereas when the application of the rules referred to
  Having regard to Council Regulation (EEC) No 426/86 of             above results in an amount of refund which for products
  24 February 1986 on the common organization of the                 listed in Article 1 ( 1 ) (b) of Regulation (EEC) No 426/86 is
  market in products processed from fruit and vegetables ('),        supposed to be lower than the refund for the added sugars
 as last amended by Regulation (EC) No 1490/94 (2), and in           pursuant to Article 1 1 of the same Regulation, no refund
  particular Article 12 (2) and (5) thereof,                         should be fixed ; whereas, in such cases, the refunds for
                                                                     added sugars should apply ;
 Whereas, pursuant to Article 12 (1 ) of Regulation (EEC)
 No 426/86, to the extent necessary to enable the products
                                                                     Whereas the nonfixing of refunds for peeled tomatoes to
 referred to in Article 1 (1 ) (a) of the said Regulation to be      be exported to the USA entails the application of the
 exported in economically significant quantities on the
                                                                     provisions of Article 16 of Commission Regulation (EEC)
 basis of prices for those products on the world market, the
                                                                     No 3665/87 of 27 November 1987 laying down common
 difference between those prices and prices within the               detailed rules for the application of the system of export
 Community may be covered by an export refund ;                      refunds on agricultural products (4), as last amended by
 whereas Article 12 (3) of Regulation (EEC) No 426/86
                                                                     Regulation (EC) No 1829/94 0 ;
 provides that in cases where the refund for sugars incor­
 porated in the products listed in Article 1 ( 1 ) (b) of the
 Regulation is not sufficient to permit export of the
 products, the refund fixed pursuant to Article 12 (1 ) shall
 apply for such exports ;                                            Whereas Council Regulation (EEC) No 990/93 (6) prohi­
                                                                     bits trade between the European Economic Community
                                                                     and the Federal Republik of Yugoslavia (Serbia und
                                                                     Montenegro) ; whereas this prohibition does not apply in
Whereas, pursuant to Article 2 of Council Regulation                 certain situations as comprehensively listed in Articles 2,
 (EEC) No 519/77 of 14 March 1977 laying down general                4, 5 and 7 thereof ; qhereas account should be taken of
 rules for granting export refunds on products processed             this fact when fixing the refunds ;
 from fruit and vegetables and criteria for fixing the
 amount of such refunds (3), account should be taken,
when refunds are being fixed, of the existing situation and
 future trends with regard to, on the one hand, prices and
availabilities on the Community market of products                  Whereas application of the abovementioned rules and
 processed from fruit and vegetables and, on the other               criteria to the current market situation, and in particular
hand, prices ruling in international trade ; whereas                 to the prices of products processed from fruit and vege­
account should also be taken of the costs referred to in             tables on the Community market and in international
subparagraph (b) of the said Article and of the economic             trade entails fixing an appropriate refund ;
aspect of the proposed exports ;
                                                                    Whereas the measures provided for in this Regulation are
Whereas, in accordance with Article 3 of Regulation                 in accordance with the opinion of the Management
(EEC) No 519/77, account should be taken, when prices               Committee for Fruit and Vegetables,
(') OJ No L 49, 27. 2. 1986, p. 1 .                                 (4) OJ No L 351 , 14. 12. 1987, p. 1 .
(2) OJ No L 161 , 29 . 6. 1994, p. 13.                              (5) OJ No L 191 , 27. 7. 1994, p. 5.
(3) OJ No L 73, 21 . 3 . 1977, p. 24.                               (6) OJ No L 102, 28 . 4. 1993, p. 14.
 ---pagebreak--- 10 . 11 . 94                        Official Journal of the European Communities                          No L 289/ 13
HAS ADOPTED THIS REGULATION :                                 of America shall be taken into consideration for the
                                                              application of Article 16 of Regulation (EEC) No 3665/87.
                                                              3. Where no refund is fixed for a product listed in
                        Article 1                             Annex, that product may, where applicable, benefit from
                                                              any export refund applicable to added sugars pursuant to
1 . The export refunds referred to in Article 1 2 of Regu­    Article 11 of Regulation (EEC) No 426/86.
lation (EEC) No 426/86 shall be as set out in Annex
hereto .                                                                               Article 2
                                                              This Regulation shall enter into force on the third day
2. The non-fixing of a refund rate for peeled tomatoes,       following its publication in the Official Journal of the
as defined in Annex, to be exported to the United States      European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 9 November 1994.
                                                                       For the Commission
                                                                         Rene STEICHEN
                                                                   Member of the Commission
 ---pagebreak--- No L 289/ 14                              Official Journal of the European Communities                                                10 . 11 . 94
                                                                    ANNEX
            to the Commission Regulation of 9 November 1994 fixing the export refunds for products
            processed from fruit and vegetables as provided for in Article 12 of Council Regulation (EEC) No
                                                                     426/86
                                                                                                                    (ECU/1 00 kg net)
                                                                   Destination
                           Product code                                                                    Refund (2) (3)
                                                                of the exports (')
                         0812 10 00 100                                 01                                    13,30
                         2002 10 10 100                                 02                                    15,00
                         2006 00 31 000                                 01                                    30,22
                         2006 00 90 100                                 01                                    30,22
                         2008 19 10 100                                                                       21,80
                         2008 19 90 100                                                                       21,80
                         2009 11 99 110                                                                        2,10
                         2009 19 99 110                                                                        2,10
                         2009 11 99 120                                                                        4,20
                         2009 19 99 120                                                                        4,20
                         2009 11 99 130                                                                        6,30
                         2009 19 99 130                                                                        6,30
                         2009 1 1 99 140                                                                       8,40
                         2009 19 99 140                                                                        8,40
                         2009 11 99 150                                                                       10,50
                         2009 19 99 150                                                                       10,50
           (') For the following destinations :
               01 All destinations except North America ;
               02 All destinations except the United States of America.
           (2) Amounts shown shall apply to products obtained from fruit harvested within the Community.
           (3) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) may be granted only where the condi­
               tions laid down in Regulation (EEC) No 990/93 are observed.