CELEX: 31988R2121
Language: en
Date: 1988-07-16 00:00:00
Title: Commission Regulation (EEC) No 2121/88 of 15 July 1988 fixing the export refunds on fruit and vegetables

16. 7. 88                                 Official Journal of the European Communities                              No L 186/27
                                      COMMISSION REGULATION (EEC) No 2121/88
                                                          of 15 July 1988
                                      fixing the export refunds on fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         necessary to vary the refund for a given product according
                                                                    to the destination of that product ;
Having regard to the Treaty establishing the European
Economic Community,                                                 Whereas the refund applicable to exports of tomatoes to
                                                                    Sweden should be reduced during the period 1 July to 30
Having regard to the Act of Accession of Spain and                  September pursuant to the undertakings entered into with
                                                                    that country under the 1980 agreement (*) ;
Portugal,
Having regard to Council Regulation (EEC) No 1035/72                Whereas tomatoes, fresh lemons, apples and peaches of
of 18 May 1972 on the common organization of the                     the common quality standards 'Extra' Class, Class I and
market in fruit and vegetables ('), as last amended by               Class II, 'Extra' Class and Class I table grapes, almonds
Regulation (EEC) No 1117/88 (2), and in particular Article           and hazelnuts, and unshelled walnuts may at present be
30 (4) thereof,                                                      exported in economically significant quantities ;
Having regard to the opinion of the Monetary Committee,              Whereas, if the refund system is to operate normally,
                                                                     refunds should be calculated on the following basis :
Whereas Article 30 of Regulation (EEC) No 1035/72
provides that, to the extent necessary to allow econom­              — in the case of currencies which are maintained in rela­
ically significant quantities to be exported, the difference               tion to each other at any given moment within a band
between prices in international trade for the products
referred to in that Article and prices for the products                    of 2,25 % , a rate of exchange based on their central
within the Community may be covered by an export                           rate, multiplied by the coefficient provided for in the
refund ;
                                                                           last indent of Article 3 (1 ) of Council Regulation
                                                                           (EEC) No 1676/85 (6), as last amended by Regulation
                                                                           (EEC) No 1636/87 0 ;
Whereas Article 2 of Council Regulation (EEC) No
                                                                     — for other currencies, an exchange rate based on the
2518/69 of 9 December 1969 laying down general rules                       arithmetic mean of the spot market rates of each of
for the granting of refunds on exports of fruit and vegeta­                these currencies recorded over a given period in rela­
bles and criteria for fixing their amounts (3), as amended                 tion to the Community currencies referred to in the
by Regulation (EEC) No 2455/72 (4), provides that when                     previous indent, and the aforesaid coefficient ;
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
                                                                     Whereas it follows from applying these detailed rules to
nity market on the one hand and prices in international
trade on the other ; whereas account must also be taken of           the present market situation and to its future trends, and
the costs indicated in (b) of that Article and of the                in particular to quotations and prices for fruit and vegeta­
                                                                     bles in the Community and in international trade that the
economic aspects of the proposed exports ;                           refunds should be as set out in the Annex hereto ;
Whereas, pursuant to Article 3 of Regulation (EEC) No
2518/69, when prices on the Community market are                     Whereas the obligations under Article 10 (1 ) (b) of
being determined account must be taken of the prices                  Commission Regulation (EEC) No 2730/79 of 29
which are most favourable from the exportation point of               November 1979 laying down common detailed rules for
view ; whereas, when prices in international trade are               the application of the system of export refunds on agri­
being determined, the quotations and prices referred to in            cultural products (8), amended by Regulation (EEC) No
paragraph 2 of that Article must be taken into account ;              1 1 80/87 (9) may be relaxed in the case of exports to non­
                                                                      member countries outside Europe ; whereas, in such a
                                                                      case, Article 23 (1 ) (c) of Regulation (EEC) No 2730/79
Whereas the situation with regard to international trade or           may be applied ;
the specific requirements of certain markets may make it
                                                                     0    OJ   No  L 194, 28 . 7. 1980, p. 12.
(') OJ  No  L  118, 20.  5. 1972, p. 1 .                             («)  OJ   No  L 164, 24.  6. 1985, p. 1 .
(2) OJ  No  L  107, 28 . 4. 1988, p. 1 .                             0    OJ   No  L 153, 13.  6. 1987, p. 1 .
(3) OJ  No  L  318, 18 . 12. 1969, p. 17.                            (8)  OJ   No  L 317, 12.  12. 1979, p. 1 .
(4) OJ  No  L  266, 25.  11 . 1972, p. 7.                            0    OJ   No  L 113, 30.  4. 1987, p. 27.
 ---pagebreak--- No L 186/28                            Official Journal of the European Communities                               16 . 7. 88
Whereas, for Spain and Portugal, the Act of Accession            HAS ADOPTED THIS REGULATION :
introduce transitional measures by phases and stages
respectively ; whereas, in particular as regards the arrange­
ments applicable to exports to Spain from the Commu­
nity as constituted at 31 December 1985, Article 141
provides that, during the first phase, the Community is                                  Article 1
not in principle to grant export refunds ; whereas,
pursuant to Article 146, the Kingdom of Spain is to be a
authorized to maintain, during the first phase, for exports      1.   The export refunds on fruit and vegetables shall be
to third countries, the arrangements in force before its         as set out in the Annex hereto .
accession for such trade, including any export aid or
subsidies ; whereas Article 275 provides for a special
procedure for the grant of refunds on exports to Portugal        2. The provisions of Articles 10 ( l)(b) and 23 ( l)(c) of
from the Community as constituted at 31 December                 Regulation (EEC) No 2730/79 shall apply to exports of
1985 ; whereas, pursuant to Article 283, the Portuguese          lemons, walnuts in shell, shelled hazelnuts and apples as
Republic is to be authorized to maintain, during the first       set out in the Annex hereto.
stage, for exports to third countries, the arrangements in
force before its accession for such trade, including any
export aid or subsidies ; whereas, under those circum­
stances, refunds for such exports should not be provided
for in this Regulation ;                                                                 Article 2
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management
Committee for Fruit and Vegetables,                              This Regulation shall enter into force on 16 July 1988 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 15 July 1988 .
                                                                          For the Commission
                                                                           Frans ANDRIESSEN
                                                                              Vice-President
 ---pagebreak--- 16 . 7. 88                        Official Journal of the European Communities                          No L 186/29
                                                        ANNEX
           to the Commission Regulation of IS July 1988 fixing the export refunds on fruit and vege­
                                                          tables
                                                                                       (ECU/100 kg net)
                     Product code                Destination of refund (')   Amount of refund (2)
                   0702 00 10 100                                                   4,50 (3)
                   0702 00 10 900                           —
                                                                                     —
                   0702 00 90 100           l                                       4,50 (3)
                   0702 00 90 900                           —
                                                                                     —
                   0802 12 90 000                                                   9,67
                   0802 21 00 000           I                                      11,30
                   0802 22 00 000           I                                      21,80
                   0802 31 00 000           \                                      14,00
                   0805 20 50 100                           —
                                                                                     —
                   0805 20 50 900                           —
                                                                                     —
                   0805 30 10 100                           01                     15,00
                                                            09                     10,00
                   0805 30 10 900                           —
                                                                                     —
                   0806 10 11 100           l                                        4,84
                   0806 10 11 300           l                                        4,84
                   0806 10 11 900                           —
                                                                                     —
                   0806 10 15 100           l                                        4,84
                   0806 10 15 300           l                                        4,84
                   0806 10 15 900                           —
                                                                                     —
                   0806 10 19 100           ll                                       4,84
                   0806 10 19 300           Il                                       4,84
                   0806 10 19 900                           —
                                                                                     —
                   0808 10 91 100                           —
                                                                                     —
                   0808 10 91 910                           02                     12,00
                                                            03                       4,00
                   0808 10 91 990                           —
                                                                                     —
                   0808 10 93 100                           —
                                                                                     —
                   0808 10 93 910                           02                     12,00
                                                            03                       4,00
                   0808 10 93 990                           —
                                                                                     —
                   0808 10 99 100                           —
                                                                                     —
                   0808 10 99 910                           02                      12,00
                                                            03                       4,00
                   0808 10 99990                            —
                                                                                     —
                   0809 30 00 110                           04                       5,00
                   0809 30 00 190                           —
                                                                                     —
                    0809 30 00 900                          —
 ---pagebreak--- No L 186/30                             Official Journal of the European Communities                                              16. 7. 88
             Notes :                                                                                                      '
            (') The destinations are as follows :
                01 Countries or States with a planned economy in central or eastern Europe and Yugoslavia,
                02 Botswana, Lesotho, Swaziland, Zambia, Malawi, Mozambique, Tanzania, Kenya, Rwanda, Burundi, Uganda,
                    Somalia, Madagascar, Comoros, Mauritius, Sudan, Ethiopia, Djibouti, the countries of the Arabian peninsu­
                    la including the territories attached thereto (Saudi Arabia, Bahrain, Qatar, Kuwait, Oman, United Arab
                    Emirates (Abu Dhabi, Dubai, Sharjah, Ajman, Umm al Qaiwain, Fujairah and Ras al Khaimah), Yemen Arab
                    Republic and People's Democratic Republic of Yemen), Iran, Iraq and Jordan,
                03 Countries and territories of Africa other than those mentioned above and South Africa, Syria, countries with a
                    planned economy in central or eastern Europe, Yugoslavia, Bolivia, Brazil, Venezuela, Peru, Panama, Ecuador,
                    Colombia, Iceland, Norway, Sweden, Austria, the Faroe Islands, Finland and Greenland,
                04 All destinations excluding Switzerland and Austria,
                09 Other destinations.
            (2) 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.
            (3) For exports to Sweden in the period 1 July to 30 September 1988, the refund is reduced to 0,81 ECU/ 100 kg.