CELEX: 31987R2767
Language: en
Date: 1987-09-17
Title: Commission Regulation (EEC) No 2767/87 of 16 September 1987 fixing the export refunds on fruit and vegetables

No L 266/ 14                               Official Journal of the European Communities                                   17. 9. 87
                                       COMMISSION REGULATION (EEC) No 2767/87
                                                       of 16 September 1987
                                       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 1987 pursuant to the undertakings entered
Portugal,                                                            into with that country under the 1980 agreement H ;
Having regard to Council Regulation (EEC) No 1035/72                 Whereas tomatoes, sweet fresh oranges, fresh lemons,
of 18 May 1972 on the common organization of the                     apples and peaches of the common quality standards
market in fruit and vegetables ('), as last amended by               'Extra' Class, Class I and Class II, 'Extra' Class and Class I
Regulation (EEC) No 2275/87 (2), and in particular Article            table grapes, almonds and hazelnuts, and unshelled
30 (4) thereof,                                                      walnuts may at present be 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
ically significant quantities to be exported, the difference               in the case of currencies which are maintained in rela­
between prices in international trade for the products                     tion to each other at any given moment within a band
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 (*), as amended by Regulation
                                                                           (EEC) No 1636/87 0 ;
Whereas Article 2 of Council Regulation (EEC) No
2518/69 of 9 December 1969 laying down general rules                       for other currencies, an exchange rate based on the
for the granting of refunds on exports of fruit and vegeta­                arithmetic mean of the spot market rates of each of
bles and criteria for fixing their amounts (3), as amended                 these currencies recorded over a given period in rela­
by Regulation (EEC) No 2455/72 (4), provides that when                     tion to the Community currencies referred to in the
refunds are being fixed, account must be taken of the                      previous indent, and the aforesaid coefficient ;
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 it follows from applying these detailed rules to
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
 economic aspects of the proposed exports ;                            bles in the Community and in international trade that the
                                                                       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), last amended by Regulation (EEC)
 paragraph 2 of that Article must be taken into account ;              No 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 .                             M OJ No L 164, 24. 6. 1985, p. 1 .
 (2) OJ No  L  209,  31 . 7. 1987, p. 4.                               0 OJ No L 153, 13 . 6. 1987, p. 1 .
 (3) OJ No  L  318,  18 . 12. 1969, p . 17.                            H No L 317, 12. 12. 1979, p. 1 .
 (4) OJ No  L  266,  25.  11 . 1972, p. 7.                             (9) OJ No L 113, 30. 4. 1987, p. 27.
 ---pagebreak--- 17. 9 . 87                             Official Journal of the European Communities                           No L 266/ 15
Whereas, for Spain and Portugal, the Act of Accession            Whereas the measures provided for in this Regulation are
introduce transitional measures by phases and stages             in accordance with the opinion of the Management
respectively ; whereas, in particular as regards the arrange­    Committee for Fruit and Vegetables,
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          HAS ADOPTED THIS REGULATION :
not in principle to grant export refunds ; whereas,
pursuant to Article 146, the Kingdom of Spain is to be a                                  Article 1
authorized to maintain, during the first phase, for exports
to third countries, the arrangements in force before its          1.   The export refunds on fruit and vegetables shall be
accession for such trade, including any export aid or            as set out in the Annex hereto.
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          sweet oranges, lemons, walnuts in shell, shelled hazelnuts
Republic is to be authorized to maintain, during the first        and apples as set out in the Annex hereto.
stage, for exports to third countries, the arrangements in
force before its accession for such trade, including any                                  Article 2
export aid or subsidies ; whereas, under those circum­
stances, refunds for such exports should not be provided          This Regulation shall enter into force on 17 September
for in this Regulation ;                                          1987.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 16 September 1987.
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President
 ---pagebreak--- No L 266/ 16                     Official Journal of the European Communities                                   17. 9. 87
                                                          ANNEX
             to the Commission Regulation of 16 September 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 (3)
             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 and Ovale calabrese ('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 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 ('Extra' Class and Class I)                                        4,84
             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
                              — Hong Kong, Singapore, Malaysia, Indonesia, Thailand and
                                  Taiwan                                                              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
 ---pagebreak--- 17. 9 . 87                              Official Journal of the European Communities                                            No L 266/ 17
                                                                                                                   (ECU kg net)
                    CCT
                  heading                                          Description                                      Refund (*)
                     No
           ex 08.07 B               Peaches (excluding nectarines) in 'Extra' Class, Class I and Class
                                    II
                                    for export to all destinations excluding Switzerland and Austria                   5,00
           (') 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 .
           (3) For exports to Sweden in the period 1 July to 30 September 1987, the refund is reduced to 0,81 ECU/ 100 kg.