CELEX: 31999R0458
Language: en
Date: 1999-03-02 00:00:00
Title: Commission Regulation (EC) No 458/1999 of 2 March 1999 fixing export refunds on fruit and vegetables

L 55/8                EN                Official Journal of the European Communities                                3. 3. 1999
                                    COMMISSION REGULATION (EC) No 458/1999
                                                      of 2 March 1999
                                     fixing export refunds on fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas, in accordance with Article 35(5) of Regulation
                                                                   (EC) No 2200/96, prices on the Community market are to
                                                                   be established in the light of the most favourable prices
                                                                   from the export standpoint; whereas international trade
                                                                   prices are to be established in the light of the prices
Having regard to the Treaty establishing the European              referred to in the second subparagraph of that paragraph;
Community,
Having regard to Council Regulation (EC) No 2200/96 of             Whereas the international trade situation or the special
28 October 1996 on the common organisation of the                  requirements of certain markets may call for the refund
market in fruit and vegetables (1), as amended by                  on a given product to vary according to its destination;
Commission Regulation (EC) No 2520/97 (2), and in
particular Article 35(11) thereof,
                                                                   Whereas tomatoes, lemons, oranges and apples of classes
Whereas Commission Regulation (EC) No 2190/96 (3), as              Extra, I and II of the common quality standards, shelled
last amended by Regulation (EC) No 1287/98 (4), lays               almonds, hazelnuts and walnuts in shell can currently be
down detailed rules on export refunds on fruit and veget-          exported in economically significant quantities;
ables;
Whereas Article 35(1) of Regulation (EC) No 2200/96,               Whereas the application of the abovementioned rules to
provides that, to the extent necessary for economically            the present and forecast market situation, and in partic-
significant quantities of the products listed in that Article      ular to fruit and vegetable prices in the Community and
to be exported, the difference between the international           international trade, gives the refund rates set out in the
market prices for those products and their prices in the           Annex hereto;
Community may be covered by export refunds;
Whereas Article 35(4) of Regulation (EC) No 2200/96
                                                                   Whereas, pursuant to Article 35(2) of Regulation (EC) No
provides that refunds must be fixed in the light of the
                                                                   2200/96, the resources available should be used as effi-
existing situation or the outlook for fruit and vegetable
                                                                   ciently as possible while avoiding discrimination between
prices on the Community market and supplies available
                                                                   traders; whereas, therefore, care should be taken not to
on the one hand, and prices on the international market
                                                                   disturb the trade flows previously induced by the refund
on the other hand; whereas account must also be taken of
                                                                   arrangements; whereas, for those reasons and because of
the costs referred to in Article 35(4)(b) of that Regulation
                                                                   the seasonal nature of exports of fruit and vegetables,
and of the economic aspect of the exports planned;
                                                                   quotas should be fixed for each product;
Whereas, pursuant to Article 35(1) of Regulation (EC) No
2200/96, refunds are to be set with due regard to the
limits resulting from agreements concluded in accordance           Whereas Commission Regulation (EEC) No 3846/87 (5),
with Article 228 of the Treaty;                                    as last amended by Regulation (EC) No 2580/98 (6), estab-
                                                                   lishes an agricultural product nomenclature for export
                                                                   refunds;
(1)  OJ L 297, 21. 11. 1996, p. 1.
(2)  OJ L 346, 17. 12. 1997, p. 41.
(3)  OJ L 292, 15. 11. 1996, p. 12.                                (5) OJ L 366, 24. 12. 1987, p. 1.
( 4) OJ L 178, 23. 6. 1998, p. 11.                                 (6) OJ L 322, 1. 12. 1998, p. 31.
 ---pagebreak--- 3. 3. 1999           EN                 Official Journal of the European Communities                                   L 55/9
Whereas Commission Regulation (EEC) No 3719/88 (1),                Whereas the measures provided for in this Regulation are
as last amended by Regulation (EC) No 1044/98 (2), lays            in accordance with the opinion fo the Management
down common detailed rules for the application of the              Committee for Fruit and Vegetables,
system of import and export licences and advance fixing
certificates for agricultural products;
                                                                   HAS ADOPTED THIS REGULATION:
Whereas, owing to the market situation, in order to make
the most efficient use of the resources available and given                                  Article 1
the structure of Community exports, the most appropriate
method should be selected for export refunds on certain            1. The export refunds on fruit and vegetables shall be
products and certain destinations and consequently                 as set out in the Annex hereto.
refunds under the A1 and A2 licence arrangements
referred to in Article 1 of Regulation (EC) No 2190/96             2. Quantities covered by licences issued for food aid as
should not be fixed simultaneously for the export period           referred to in Article 14a of Regulation (EEC) No 3719/88
in question;                                                       shall not count against the eligible quantities covered by
                                                                   the Annex.
Whereas the quantities laid down for the various products
should be distributed in accordance with the different             3. Without prejudice to the application of Article 4(5)
systems for the grant of the refund, taking account in             of Regulation (EC) No 2190/96, the term of validity of A1
particular of their perishability;                                 and A2 licences shall be two months.
Whereas account should be taken of the definitive rates                                      Article 2
under the A2 system fixed for the preceding licence
application period;                                                This Regulation shall enter into force on 10 March 1999.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 2 March 1999.
                                                                              For the Commission
                                                                                 Franz FISCHLER
                                                                          Member of the Commission
(1) OJ L 331, 2. 12. 1988, p. 1.
(2) OJ L 149, 20. 5. 1998, p. 11.
 ---pagebreak--- L 55/10                      EN                            Official Journal of the European Communities                                                                3. 3. 1999
                                                                                      ANNEX
                                                     EXPORT REFUNDS ON FRUIT AND VEGETABLES
                                                                                                                          System
              Product                                                                                               Application periods
        (full definitions of
   eligible products are given                                                           A1                                 A2                                 B
                                                       Destination
            in the ‘Fruit                                                        10. 3 to 9. 5. 1999                 11 to 15. 3. 1999                17. 3 to 16. 5. 1999
                                      Product               or
          and vegetables'
                                       code            destination
              sector of                                                                                       Indicative                        Indicative
                                                         group (1)          Refund
    Commission Regulation                                                                      Scheduled        refund            Scheduled       refund            Scheduled
       (EEC) No 3846/87                                                       rate
                                                                                                quantity          rate             quantity         rate              quantity
             amended)                                                    (EUR/tonnes
                                                                                                (tonnes)    (EUR/tonnes            (tonnes)   (EUR/tonnes             (tonnes)
                                                                          net weight)
                                                                                                             net weight)                       net weight)
Tomatoes                        0702 00 00 9100             F                  20                                  20                7 730           20                11 999
Shelled almonds                 0802 12 90 9000             F                  50                  545                                               50                    596
Hazelnuts in shell              0802 21 00 9000             F                  59                   12                                               59                    142
Shelled hazelnuts               0802 22 00 9000             F                 114                1 812                                             114                   2 352
Walnuts in shell                0802 31 00 9000             F                  73                  144
Oranges                         0805 10 10 9100           XYC                  50                                  50              28 336            50                94 862
                                0805 10 30 9100
                                0805 10 50 9100
Lemons                          0805 30 10 9100             F                  35                                  35              20 833            35                18 396
Apples                          0808 10 20 9100             X                  40                                  40                9 115           40                  5 856
                                0808 10 50 9100
                                0808 10 90 9100
                                0808 10 20 9100             Y                  80                                  80                1 000           80                  1 000
                                0808 10 50 9100
                                0808 10 90 9100
                                0808 10 20 9100             Z                  54                1 868                                               54                  1 868
                                0808 10 50 9100
                                0808 10 90 9100
(1) The destination codes are defined as follows:
    X: Norway, Iceland, Greenland, Faeroes, Poland, Hungary, Romania, Bulgaria, Albania, Estonia, Latvia, Lithuania, Bosnia-Herzegovina, Croatia, Slovenia, Former Yugoslav
         Republic of Macedonia, Federal Republic of Yugoslavia (Serbia and Montenegro), Malta.
    Y: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine, destinations referred to in Article 34 of
         Commission Regulation (EEC) No 3665/87, as amended.
    Z: African countries and territories except South Africa, countries of the Arabian Peninsula (Saudi Arabia, Bahrain, Qatar, Oman, United Arab Emirates (Abu Dhabi, Dubai,
         Sharjah, Ajman, Umm al Qaiwain, Ras al Khaimah, Fujairah), Kuwait, Yemen), Syria, Iran, Jordan, Bolivia, Brazil, Venezuela, Peru, Panama, Ecuador, Colombia.
    C: Switzerland, Czech Republic, Slovakia and Japan.
    E: All destinations except Switzerland.
    F: All destinations.