CELEX: 31999R1304
Language: en
Date: 1999-06-21 00:00:00
Title: Commission Regulation (EC) No 1304/1999 of 21 June 1999 the Commission of the European Communities,

L 155/30              EN                  Official Journal of the European Communities                                22. 6. 1999
                                    COMMISSION REGULATION (EC) No 1304/1999
                                                        of 21 June 1999
                             THE COMMISSION OF THE EUROPEAN COMMUNITIES,
fixing export refunds on fruit and vegetables                        Whereas, in accordance with Article 35(5) of Regulation
                                                                     (EC) No 2200/96, prices on the Community market are to
                                                                     be established in the light of the most favourable prices
                                                                     from the export standpoint; whereas international trade
                                                                     prices are to be established in the light of the prices
Having regard to the Treaty establishing the European                referred to in the second subparagraph of that paragraph;
Community,
Having regard to Council Regulation (EC) No 2200/96 of               Whereas the international trade situation or the special
28 October 1996 on the common organisation of the                    requirements of certain markets may call for the refund
market in fruit and vegetables (1), as last amended by               on a given product to vary according to its destination;
Regulation (EC) No 857/1999 (2), and in particular Article
35(11) thereof,
                                                                     Whereas tomatoes, lemons, oranges, apples and peaches
Whereas Commission Regulation (EC) No 2190/96 (3), as                and nectarines of classes Extra, I and II of the common
last amended by Regulation (EC) No 1303/1999 (4), lays               quality standards, table grapes of class Extra and I, shelled
down detailed rules on export refunds on fruit and veget-            almonds, hazelnuts and walnuts in shell can currently be
ables;                                                               exported in economically significant quantities;
Whereas Article 35(1) of Regulation (EC) No 2200/96,
provides that, to the extent necessary for economically              Whereas the application of the abovementioned rules to
significant quantities of the products listed in that Article        the present and forecast market situation, and in partic-
to be exported, the difference between the international             ular to fruit and vegetable prices in the Community and
market prices for those products and their prices in the             international trade, gives the refund rates set out in the
Community may be covered by export refunds;                          Annex hereto;
Whereas Article 35(4) of Regulation (EC) No 2200/96
provides that refunds must be fixed in the light of the              Whereas, pursuant to Article 35(2) of Regulation (EC) No
existing situation or the outlook for fruit and vegetable            2200/96, the resources available should be used as effi-
prices on the Community market and supplies available                ciently as possible while avoiding discrimination between
on the one hand, and prices on the international market              traders; whereas, therefore, care should be taken not to
on the other hand; whereas account must also be taken of             disturb the trade flows previously induced by the refund
the costs referred to in Article 35(4)(b) of that Regulation         arrangements; whereas, for those reasons and because of
and of the economic aspect of the exports planned;                   the seasonal nature of exports of fruit and vegetables,
                                                                     quotas should be fixed for each product;
Whereas, pursuant to Article 35(1) of Regulation (EC) No
2200/96, refunds are to be set with due regard to the
limits resulting from agreements concluded in accordance             Whereas Commission Regulation (EEC) No 3846/87 (5),
with Article 228 of the Treaty;                                      as last amended by Regulation (EC) No 1230/1999 (6),
                                                                     establishes an agricultural product nomenclature for
                                                                     export refunds;
(1) OJ  L 297, 21.11.1996, p. 1.
(2) OJ  L 108, 27.4.1999, p. 7.
(3) OJ  L 292, 15.11.1996, p. 12.                                    (5) OJ L 366, 24.12.1987, p. 1.
(4) See page 29 of this Official Journal.                            (6) OJ L 149, 16.6.1999, p. 3.
 ---pagebreak--- 22. 6. 1999          EN                 Official Journal of the European Communities                                 L 155/31
Whereas Commission Regulation (EEC) No 3719/88 (1),                Whereas the measures provided for in this Regulation are
as last amended by Regulation (EC) No 1127/1999 (2), lays          in accordance with the opinion of the Management
down common detailed rules for the application of the              Committee for Fruit and Vegetables,
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                                     Article 1
the most efficient use of the resources available and given        1.    The export refunds on fruit and vegetables shall be
the structure of Community exports, the most appropriate           as set out in the Annex hereto.
method should be selected for export refunds on certain
products and certain destinations and consequently                 2.    Quantities covered by licences issued for food aid as
refunds under the A1 and A2 licence arrangements                   referred to in Article 14a of Regulation (EEC) No 3719/88
referred to in Article 1 of Regulation (EC) No 2190/96             shall not count against the eligible quantities covered by
should not be fixed simultaneously for the export period           the Annex.
in question;
                                                                   3.    Without prejudice to the application of Article 4(5)
                                                                   of Regulation (EC) No 2190/96, the term of validity of A1
                                                                   licences shall be three months.
Whereas the quantities laid down for the various products
should be distributed in accordance with the different                                       Article 2
systems for the grant of the refund, taking account in
particular of their perishability;                                 This Regulation shall enter into force on 24 June 1999.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 21 June 1999.
                                                                              For the Commission
                                                                                 Franz FISCHLER
                                                                          Member of the Commission
(1) OJ L 331, 2.12.1988, p. 1.
(2) OJ L 135, 29.5.1999, p. 48.
 ---pagebreak--- L 155/32                     EN                            Official Journal of the European Communities                                                               22. 6. 1999
                                                                                      ANNEX
                                                     EXPORT REFUNDS ON FRUIT AND VEGETABLES
                                                                                                                           System
              Product                                                                                               Application periods
        (full definitions of
   eligible products are given                                                            A1                                 A2                                  B
                                                       Destination
            in the ‘Fruit                                                          24.6 to 8.9.1999                    25 to 29.6.1999                   1.7 to 15.9.1999
                                     Product                 or
          and vegetables'
                                       code             destination
              sector of                                                                                       Indicative                         Indicative
                                                         group (1)           Refund
    Commission Regulation                                                                      Scheduled        refund            Scheduled        refund            Scheduled
       (EEC) No 3846/87                                                        rate
                                                                                                quantity          rate             quantity          rate             quantity
             amended)                                                        (EUR/t
                                                                                                   (t)          (EUR/t                (t)         (EUR/t                 (t)
                                                                           net weight)
                                                                                                              net weight)                       net weight)
Tomatoes                        0702 00 00 9100            A01                  20                                 20                2 344            20                4 687
Shelled almonds                 0802 12 90 9000            A01                  50                 187                                                50                   187
Walnuts in shell                0802 21 00 9000            A01                  59                   72                                               59                     72
Shelled hazelnuts               0802 22 00 9000            A01                 114                 636                                              114                    636
Walnuts in shell                0802 31 00 9000            A01                  73                   22                                               73                     22
Oranges                         0805 10 10 9100 F01, F02, F05                   50                                 50                  653            50                1 305
                                0805 10 30 9100
                                0805 10 50 9100
Lemons                          0805 30 10 9100            A01                  35                                 35                4 895            35                4 895
Table grapes                    0806 10 10 9100            A01                  25                                 25                7 037            25               14 074
Apples                          0808 10 20 9100            F01                  40                                 40                1 278            40                1 278
                                0808 10 50 9100
                                0808 10 90 9100
                                0808 10 20 9100            F02                  40                                 40                1 565            40                1 565
                                0808 10 50 9100
                                0808 10 90 9100
                                0808 10 20 9100         F03, F04                54               1 745                                                54                1 745
                                0808 10 50 9100
                                0808 10 90 9100
Peaches and nectarines          0809 30 10 9100            A21                  27                                 27                3 286            27                6 572
                                0809 30 90 9100
(1) The destination codes are defined as follows:
    A01: All destinations.
    A21: All destinations except Switzerland.
    F01: 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.
    F02: 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.
    F03: 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.
    F04: Hong Kong SAR, Singapore, Malaysia, Indonesia, Tailand, Taiwan, Papa-New Guinea, Laos, Cambodia, Vietnam, Uruguay, Paraguay, Argentina, Mexico, Costa Rica, and
            Japan.
    F05: Switzerland, Czech Republic, Slovakia and Japan.