CELEX: 31998R1875
Language: en
Date: 1998-09-01 00:00:00
Title: Commission Regulation (EC) No 1875/98 of 1 September 1998 fixing export refunds on fruit and vegetables

2. 9. 98              EN                Official Journal of the European Communities                                 L 243/3
                                    COMMISSION REGULATION (EC) No 1875/98
                                                    of 1 September 1998
                                     fixing export refunds on fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        prices are to be established in the light of the prices
                                                                   referred to in the second subparagraph of that paragraph;
Having regard to the Treaty establishing the European
Community,                                                         Whereas the international trade situation or the special
                                                                   requirements of certain markets may call for the refund
                                                                   on a given product to vary according to its destination;
Having regard to Council Regulation (EC) No 2200/96 of
28 October 1996 on the common organisation of the                  Whereas tomatoes, lemons, oranges, apples and peaches
market in fruit and vegetables (1), as amended by                  and nectarines of classes Extra, I and II of the common
Commission Regulation (EC) No 2520/97 (2), and in                  quality standards, table grapes of classes Extra and I,
particular Article 35(11) thereof,                                 shelled almonds, hazelnuts and walnuts in shell can
                                                                   currently be exported in economically significant quant-
                                                                   ities;
Whereas Commission Regulation (EC) No 2190/96 (3), as
last amended by Regulation (EC) No 1287/98 (4), lays
down detailed rules on export refunds on fruit and veget-          Whereas the representative market rates as defined in
ables;                                                             Article 1 of Council Regulation (EEC) No 3813/92 (5), as
                                                                   last amended by Regulation (EC) No 150/95 (6), are used
                                                                   to convert amounts expressed in currencies of third coun-
                                                                   tries and provide the basis for determining the agricul-
Whereas Article 35(1) of Council Regulation (EC) No
                                                                   tural conversion rates for the Member States’ currencies;
2200/96, provides that, to the extent necessary for
                                                                   whereas rules for determining and applying those conver-
economically significant quantities of the products listed
                                                                   sion rates are laid down in Commission Regulation (EEC)
in that Article to be exported, the difference between the
                                                                   No 1068/93 (7), as last amended by Regulation (EC) No
international market prices for those products and their
                                                                   961/98 (8);
prices in the Community may be covered by export
refunds;
                                                                   Whereas the application of the abovementioned rules to
                                                                   the present and forecast market situation, and in partic-
Whereas Article 35(4) of Regulation (EC) No 2200/96                ular to fruit and vegetable prices in the Community and
provides that refunds must be fixed in the light of the            international trade, gives the refund rates set out in the
existing situation or the outlook for fruit and vegetable          Annex hereto;
prices on the Community market and supplies available
on the one hand, and prices on the international market
on the other hand; whereas account must also be taken of           Whereas, pursuant to Article 35(2) of Regulation (EC) No
the costs referred to in Article 35(4)(b) of that Regulation       2200/96, the resources available should be used as effi-
and of the economic aspect of the exports planned;                 ciently as possible while avoiding discrimination between
                                                                   traders; whereas, therefore, care should be taken not to
                                                                   disturb the trade flows previously induced by the refund
Whereas, pursuant to Article 35(1) of Regulation (EC) No           arrangements; whereas, for those reasons and because of
2200/96, refunds are to be set with due regard to the              the seasonal nature of exports of fruit and vegetables,
limits resulting from agreements concluded in accordance           quotas should be fixed for each product;
with Article 228 of the Treaty;
                                                                   Whereas Commission Regulation (EEC) No 3846/87 (9),
                                                                   as last amended by Regulation (EC) No 1353/98 (10),
Whereas, in accordance with Article 35(5) of Regulation            establishes an agricultural product nomenclature for
(EC) No 2200/96, prices on the Community market are to             export refunds;
be established in the light of the most favourable prices
from the export standpoint; whereas international trade
                                                                   (5) OJ L 387, 31. 12. 1992, p. 1.
                                                                   (6) OJ L 22, 31. 1. 1995, p. 1.
( 1) OJ L 297, 21. 11. 1996, p. 1.                                 (7) OJ L 108, 1. 5. 1993, p. 106.
( 2) OJ L 346, 17. 12. 1997, p. 41.                                (8) OJ L 135, 8. 5. 1998, p. 5.
( 3) OJ L 292, 15. 11. 1996, p. 12.                                (9) OJ L 366, 24. 12. 1987, p. 1.
( 4) OJ L 178, 23. 6. 1998, p. 11.                                 (10) OJ L 184, 27. 6. 1998, p. 29.
 ---pagebreak--- L 243/4              EN                 Official Journal of the European Communities                                  2. 9. 98
Whereas Commission Regulation (EEC) No 3719/88 (1),                Whereas the Management Committee for Fruit and
as last amended by Regulation (EC) No 1044/98 (2), lays            Vegetables has not delivered an opinion within the time
down common detailed rules for the application of the              limit set by its chairman,
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                   2. Quantities covered by licences issued for food aid as
referred to in Article 1 of Regulation (EC) No 2190/96             referred to in Article 14a of Regulation (EEC) No 3719/88
should not be fixed simultaneously for the export period           shall not count against the eligible quantities covered by
in question;                                                       paragraph 1.
Whereas the quantities laid down for the various products          3. Without prejudice to the application of Article 4(5)
should be distributed in accordance with the different             of Regulation (EC) No 2190/96, the term of validity of A1
systems for the grant of the refund, taking account in             and A2 licences shall be two months.
particular of their perishability;
                                                                                             Article 2
Whereas account should be taken of the definitive rates
under the A2 system fixed for the preceding licence                This Regulation shall enter into force on 9 September
application period;                                                1998.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 1 September 1998.
                                                                              For the Commission
                                                                                Karel VAN MIERT
                                                                          Member of the Commission
(1) OJ L 331, 2. 12. 1988, p. 1.
(2) OJ L 149, 20. 5. 1998, p. 11.
 ---pagebreak--- 2. 9. 98                   EN                        Official Journal of the European Communities                                                                L 243/5
                                                                                ANNEX
                                              EXPORT REFUNDS ON FRUIT AND VEGETABLES
            Product                                               A1                                        A2                                        B
      (full definitions of                                applications from                         applications from                       applications from
 eligible products are given                              9. 9 to 8. 11. 1998                       10 to 14. 9. 1998                      16. 9 to 15. 11. 1998
          in the ‘Fruit
                                  Product
        and vegetables'
                                    code                                                                Indicative                               Indicative
            sector of                         Destination       Refund                  Destination                             Destination
                                                                              Scheduled                   refund      Scheduled                    refund       Scheduled
   Commission Regulation                           or             rate                       or                                      or
                                                                               quantity                     rate       quantity                      rate        quantity
     (EEC) No 3846/87                         destination    (ECU/tonnes                destination                             destination
                                                                               (tonnes)               (ECU/tonnes      (tonnes)                (ECU/tonnes       (tonnes)
           amended)                            group (1)      net weight)                group (1)                               group (1)
                                                                                                       net weight)                              net weight)
Tomatoes                      0702 00 00 9100      F               20                        F               20          2 447       F                20           4 895
Shelled almonds               0802 12 90 9000      F               50             314        F                                       F                50             314
Hazelnuts in shell            0802 21 00 9000      F               59             177        F                                       F                59             177
Shelled hazelnuts             0802 22 00 9000      F              114           1 131        F                                       F              114            1 131
Walnuts in shell              0802 31 00 9000      F               73             124        F                                       F                73             124
Oranges                       0805 10 10 9100   XYC                35                     XYC                35          6 099    XYC                 35         12 198
                              0805 10 30 9100
                              0805 10 50 9100
Lemons                        0805 30 10 9100      F               30                        F               30          6 796       F                30           6 796
Table grapes                  0806 10 10 9100      F               25                        F               25        11 825        F                25         23 650
Apples                        0808 10 20 9100      X               25                        X               25          1 843       X                25           1 843
                              0808 10 50 9100
                              0808 10 90 9100
                              0808 10 20 9100      Y                 7                       Y                 7         2 262       Y                  7          2 262
                              0808 10 50 9100
                              0808 10 90 9100
                              0808 10 20 9100    ZD                54           5 065      ZD                                      ZD                 54           5 065
                              0808 10 50 9100
                              0808 10 90 9100
Peaches and nectarines        0809 30 10 9100      E               30                        E               30          1 315       E                30           2 629
                              0809 30 90 9100
 ---pagebreak--- L 243/6                   EN                               Official Journal of the European Communities                                                              2. 9. 98
(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.
    D: Hong Kong SAR, Singapore, Malaysia, Indonesia, Thailand, Taiwan, Papua New Guinea, Laos, Cambodia, Vietnam, Uruguay, Paraguay, Argentina, Mexico, Costa Rica.
    E: All destinations except Switzerland.
    F: All destinations.