CELEX: 31998R0396
Language: en
Date: 1998-02-19 00:00:00
Title: COMMISSION REGULATION (EC) No 396/98 of 19 February 1998 setting export refunds on products processed from fruit and vegetables other than those granted for added sugar

L 50/18              ¬ EN ¬              Official Journal of the European Communities                               20. 2. 98
                                      COMMISSION REGULATION (EC) No 396/98
                                                      of 19 February 1998
                   setting export refunds on products processed from fruit and vegetables other
                                             than those granted for added sugar
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        limits resulting from agreements concluded in accordance
                                                                   with Article 228 of the Treaty;
Having regard to the Treaty establishing the European
Community,                                                         Whereas Article 17 (3) of Regulation (EC) No 2201/96
                                                                   states that prices on the Community market are to be
                                                                   determined taking account of those most favourable from
                                                                   the exportation standpoint; whereas international trade
Having regard to Council Regulation (EC) No 2201/96 of             prices are to be determined account taken of the prices
28 October 1996 on the common organization of the                  indicated in the second subparagraph of that paragraph;
market in products processed from fruit and vegetables (1),
as amended by Regulation (EC) No 2199/97 (2), and in
particular Article 16 (3),
                                                                   Whereas the international trade situation or the special
                                                                   requirements of certain markets may make it necessary to
                                                                   vary the refund on a given product depending on the
Whereas Commission Regulation (EC) No 1429/95 (3), as              destination of that product;
last amended by Regulation (EC) No 1007/97 (4), sets
implementing rules for export refunds on products
processed from fruit and vegetables;
                                                                   Whereas economically significant exports can be made at
                                                                   the present time of provisionally preserved cherries,
                                                                   peeled tomatoes, preserved cherries, prepared hazelnuts
Whereas Article 16 (1) of Regulation (EC) No 2201/96               and some orange juices;
states that, to the extent necessary to permit exports in
economically significant quantities of the products
referred to in Article 1 (1) (a) of that Regulation, on the        Whereas the representative market rates as defined in
basis of prices for those products in international trade,         Article 1 of Council Regulation (EEC) No 3813/92 (5), as
the difference between those prices and prices in the              last amended by Regulation (EC) No 150/95 (6), are used
Community may be covered by export refunds; whereas                to convert amounts in third-country currencies and are
Article 18 (4) of Regulation (EC) No 2201/96 provides              the basis for determining the agricultural conversion rates
that, if the refund on sugar incorporated into the products        of the Member States’ currencies; whereas rules for deter-
listed in Article 1 (1) is insufficient to allow export of the     mining and applying these conversion rates were set by
products, the refund fixed in accordance with Article 17 is        Commission Regulation (EEC) No 1068/93 (7), as last
to be applicable to those products;                                amended by Regulation (EC) No 1482/96 (8);
Whereas Article 17 (2) of Regulation (EC) No 2201/96               Whereas application of the rules mentioned above to the
states that refunds must be fixed with regard to the exist-        present and forecast market situation, in particular to
ing situation and outlook for prices for products processed        prices of products processed from fruit and vegetables in
from fruit and vegetables on the Community market and              the Community and in international trade, leads to the
supply availability, on the one hand, and prices in inter-         refund rates set in the Annex hereto;
national trade on the other hand; whereas account must
also be taken of the costs indicated at (b) in that para-
graph and of the economic aspect of the envisaged
exports;                                                           Whereas, pursuant to Article 16 (2) of Regulation (EC) No
                                                                   2201/96, the most efficient possible use should be made
                                                                   of the resources available without creating discrimination
                                                                   between traders; whereas, therefore, care should be taken
Whereas refunds are, pursuant to Article 16 (1) of Regula-         not to disturb the trade flows previously induced by the
tion (EC) No 2201/96, to be set with due regard to the             refund arrangements;
(1) OJ  L  297, 21. 11. 1996, p. 29.                               ( 5) OJ L 387, 31. 12. 1992, p. 1.
(2) OJ  L  303, 6. 11. 1997, p. 1.                                 (6)  OJ L 22, 31. 1. 1995, p. 1.
(3) OJ  L  141, 24. 6. 1995, p. 28.                                (7)  OJ L 108, 1. 5. 1993, p. 106.
(4) OJ  L  145, 5. 6. 1997, p. 16.                                 (8)  OJ L 188, 27. 7. 1996, p. 22.
 ---pagebreak--- 20. 2. 98           ¬ EN ¬            Official Journal of the European Communities                                  L 50/19
Whereas Commission Regulation (EEC) No 3846/87 (1),              HAS ADOPTED THIS REGULATION:
as last amended by Regulation (EC) No 382/98 (2), es-
tablishes an agricultural product nomenclature for export                                  Article 1
refunds;
                                                                 1. The export refund rates in the processed fruit and
                                                                 vegetables sector shall be those fixed in the Annex hereto.
Whereas Commission Regulation (EEC) No 3719/88 (3),
as last amended by Regulation (EC) No 1404/97 (4), lays          2. Quantities for which licences are issued in the
down common detailed rules for the application of the            context of food aid, as referred to in Article 14a of Regu-
system of import and export licences and advance fixing          lation (EEC) No 3719/88 shall not count against the
certificates for agricultural products;                          eligible quantities referred to in the first paragraph.
                                                                                           Article 2
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                 This Regulation shall enter into force on 24 February
Committee for Fruit and Vegetables,                              1998.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 19 February 1998.
                                                                          For the Commission
                                                                             Franz FISCHLER
                                                                      Member of the Commission
(1) OJ  L 366, 24. 12. 1987, p. 1.
(2) OJ  L 48, 19. 2. 1998, p. 28.
(3) OJ  L 331, 2. 12. 1988, p. 1.
(4) OJ  L 194, 23. 7. 1997, p. 5.
 ---pagebreak--- L 50/20                  ¬ EN ¬                     Official Journal of the European Communities                                       20. 2. 98
                                                                         ANNEX
                                                                                           Licence issuing period March to June 1998
                           Product
       (The full definitions of the eligible products                                         Period for submission of applications:
     are given in the ‘processed fruit and vegetables’        Product      Destination         from 24 February to 23 June 1998
                                                                code        code (1)
                   sector of Commission
        Regulation (EEC) No 3846/87, as amended)                                          Refund rate                  Quantities provided
                                                                                        (ECU/tonne net)                     (in tonnes)
Provisionally preserved cherries                          0812 10 00 9100      A               55                              3 694
Peeled tomatoes                                           2002 10 10 9100       B              50                             44 375
Preserved cherries                                        2006 00 31 9000      A              170                                372
                                                          2006 00 99 9100
Prepared hazelnuts                                        2008 19 19 9100      C               66                                445
                                                          2008 19 99 9100
Orange                  With a sugar content of not 2009 11 99 9110            C                 6                               389
juice                   less than 10H Brix, but less 2009 19 99 9110
                        than 22H Brix
                        With a sugar content of not 2009 11 99 9150            C               32                                390
                        less than 55H Brix                2009 19 99 9150
(1) The destination codes are defined as follows:
    A: All destinations except the countries of North America,
    B: All destinations except the United States of America,
    C: All destinations.