CELEX: 31997R0539
Language: en
Date: 1997-03-24 00:00:00
Title: COMMISSION REGULATION (EC) No 539/97 of 24 March 1997 on issuing A2 export licences for fruit and vegetables

No L 83/ 16         EN                  Official Journal of the European Communities                                 25. 3 . 97
                                     COMMISSION REGULATION (EC) No 539/97
                                                      of 24 March 1997
                                on issuing A2 export licences for fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       change in the market situation, the information given on
                                                                  the said applications is not considered representative of
Having regard to the Treaty establishing the European             the real market situation;
Community,
                                                                  Whereas, therefore, there is no economic justification for
Having regard to Commission Regulation (EC) No                    fixing the definitive refund rate for apples for destination
2190 /96 of 14 November 1996 on detailed rules for                group Z at other than the indicative rate;
implementing Council Regulation (EEC) No 1035/72 as
regards export refunds on fruit and vegetables ('), as last       Whereas, pursuant to Article 3 (5) of Regulation (EC) No
amended by Regulation (EC) No 324/97 (2), and in par­             2190/96, applications for rates in excess of the corres­
ticular Article 3 (4) thereof,                                    ponding definitive rates shall be considered null and void,
Whereas Commission Regulation (EC) No 351 /97 (3) sets
the indicative refund rates and the indicative quantities         HAS ADOPTED THIS REGULATION :
for A2 export licences, other than those applied for in the
context of food aid;
                                                                                            Article 1
Whereas, for oranges and apples, for destination groups X
and Y, in view of the economic situation in the various           1 . For A2 export licences for which applications have
destination groups indicated in the Annex to Regulation           been submitted pursuant to Article 1 of Regulation (EC)
(EC) No 351 /97 and taking account of information                 No 351 /97, the actual date of application referred to in
received by operators via their applications for A2               the second subparagraph of Article 3 (1 ) of Regulation
licences, the definitive refund rates should be set at a          (EC) No 2190/96 is hereby set at 25 March 1997.
different rate from the indicative rates; whereas the
percentages for the issuing of licences for the quantities        2. The licences referred to in the first paragraph shall
applied for should also be set; whereas the definitive rates      be issued at the definitive refund rates and at the per­
may not be more than double the indicative rates;                 centages for the quantities applied for as indicated in the
                                                                  Annex to this Regulation .
Whereas the minimum rate applied for in all applications
for A2 licences for apples for destination group Z is in          3 . Pursuant to Article 3 (5) of Regulation (EC) No
line with the maximum acceptable rate, i.e. double the            2190/96, applications referred to in the first paragraph for
indicative rate; whereas, on the basis of the information         rates in excess of the corresponding definitive rates set out
given in the abovementioned applications, the indicative          in the Annex shall be considered null and void .
rate of ECU 56/tonne is insufficient; whereas the defini­
tive rate should therefore, in principle, be set at a higher
rate; whereas, however, in the light of experience gained                                   Article 2
when fixing refund rates for A2 licences in previous
periods and in the absence of any evidence of a sudden            This Regulation shall enter into force on 25 March 1997.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 24 March 1997.
                                                                            For the Commission
                                                                              Franz FISCHLER
                                                                        Member of the Commission
 (') OJ No L 292, 15. 11 . 1996, p. 12.
 (2) OJ No L 52, 22. 2. 1997, p. 10.
  3 OJ No L 59, 28 . 2. 1997, p. 4.
 ---pagebreak--- 25. 3 . 97      EN         Official Journal of the European Communities                     No L 83/ 17
                                                   ANNEX
                                                            Definitive       Percentages
                                  Destination or
                   Product                                 refund rates  for the issuing of
                               group of destinations     (ECU/tonne net)      licences
                                       xc                      100             100 %
           Oranges
                                        Y                      120              93 %
                                        x                       25              84 %
           Apples                       Y                         7            100 %
                                        z                       56               —