CELEX: 31997R1121
Language: en
Date: 1997-06-19 00:00:00
Title: COMMISSION REGULATION (EC) No 1121/97 of 19 June 1997 setting export refunds on products processed from fruit and vegetables other than those granted for added sugar

No L 163/ 16          EN                  Official Journal of the European Communities                                20 . 6. 97
                                         COMMISSION REGULATION (EC) No 1121 /97
                                                            of 19 June 1997
                   setting export refunds on products processed from fruit and vegetables other
                                                 than those granted for added sugar
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           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 the Treaty establishing the European                 prices are to be determined account taken of the prices
  Community,                                                            indicated in the second subparagraph of that paragraph;
  Having regard to Council Regulation (EC) No 2201 /96 of
  28 October 1996 on the common organization of the                     Whereas the international trade situation or the special
  market in products processed from fruit and vegetables ('),           requirements of certain markets may make it necessary to
  and in particular Articles 16 (3),                                   vary the refund on a given product depending on the
                                                                        destination of that product;
  Whereas Commission Regulation (EC) No 1429/95 (2), as
  last amended by Regulation (EC) No 1007/97 (3), sets
  implementing rules for export refunds on products                    Whereas economically significant exports can be made at
  processed from fruit and vegetables;                                 the present time of provisionally preserved cherries,
                                                                       peeled tomatoes, preserved cherries, prepared hazelnuts
                                                                       and some orange juices;
 Whereas Article 16 ( 1 ) of Regulation (EC) No 2201 /96
 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 (4), as
 the difference between those prices and prices in the                 last amended by Regulation (EC) No 1 50/95 (*), 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
                                                                       of the Member States' currencies; whereas rules for deter­
 that, if the refund on sugar incorporated into the products
 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 (6), as last
 to be applicable to those products;                                   amended by Regulation (EC) No 1482/96 P);
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 exis­             present and forecast market situation, in particular to
ting situation and outlook for prices for products                     prices of products processed from fruit and vegetables in
processed from fruit and vegetables on the Community                  the Community and in international trade, leads to the
market and supply availability, on the one hand, and                  refund rates set in the Annex hereto;
 prices in international trade on the other hand; whereas
account must also be taken of the costs indicated at (b) in
that paragraph and of the economic aspect of the envi­
saged 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
Whereas refunds are, pursuant to Article 16 ( 1 ) of Regula­          between traders; whereas, therefore, care should be taken
tion (EC) No 2201 /96, to be set with due regard to the               not to disturb the trade flows previously induced by the
limits resulting from agreements concluded in accordance              refund arrangements;
with Article 228 of the Treaty;
                                                                      (4) OJ No L 387, 31 . 12. 1992, p. 1 .
(') OJ No L 297, 21 . 11 . 1996, p. 29.                               0 OJ No L 22, 31 . 1 . 1995, p. 1 .
(2) OJ No L 141 , 24. 6. 1995, p. 28.                                 (6) OJ No L 108, 1 . 5. 1993, p. 106.
 3 OJ No L 145, 5. 6. 1997, p. 16.                                    h OJ No L 188, 27. 7. 1996, p. 22.
 ---pagebreak---  20 . 6 . 97        EN              Official Journal of the European Communities                            No L 163/ 17
Whereas the measures provided for in this Regulation are        2.   Quantities for which licences are issued in the
in accordance with the Management Committee for                 context of food aid, as referred to in Article 14a of
Products Processed from Fruit and Vegetables,                   Commission Regulation (EEC) No 3719/88 of 16
                                                                November 1988 laying down common detailed rules for
                                                               the application of the system of import and export
HAS ADOPTED THIS REGULATION:                                   licences and advance fixing certificates for agricultural
                                                               products ('), as last amended by Regulation (EC) No
                                                               495/97 (2), shall not count against the eligible quantities
                        Article 1                              referred to in the first paragraph .
1 . The export refund rates and quantities eligible for                                 Article 2
refunds in the processed fruit and vegetables sector shall
be those fixed in the Annex hereto.                            This Regulation shall enter into force on 24 June 1997.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 19 June 1997.
                                                                        For the Commission
                                                                           Franz FISCHLER
                                                                    Member of the Commission
                                                             (') OJ No L 331 , 2. 12. 1988, p. 1 .
                                                              2 OJ No L 77, 19. 3. 1997, p. 12.
 ---pagebreak---  No L 163/ 18            ( ENl                      Official Journal of the European Communities                                        20 . 6 . 97
                                                                          ANNEX
                                                                                          Licence issuing period July to October 1997
                           Product
       (The full definitions of the eligible products         Product       Destination
                                                                                              Period for submission of applications:
     are given in the 'processed fruit and vegetables'                                         from 24 June to 23 October 1997
              sector of amended Commission
                                                                code         code (')
        Regulation (EEC) No 3846/87, as amended)                                          Refund rate                  Quantities provided
                                                                                        (ECU/tonne net)                     (in tonnes)
Provisionally preserved cherries                          0812 10 00 9100       A             92,0                             3 022
Peeled tomatoes                                           2002 10 10 9100       B             68,0                            44 375
Preserved cherries                                        2006 00 31 9000       A            209,0                               700
                                                          2006 00 99 9100
Prepared hazelnuts                                        2008 19 19 9100       C             99,0                               405
                                                          2008 19 99 9100
Orange                 With a sugar content of not        2009 11 99 9110       C              9,0                               353
juice                   less than 10° Brix, but less      2009 19 99 9110
                        than 22° Brix
                       With a sugar content of not        2009 11 99 9150       C             48,0                               354
                        less than 55° Brix                2009 19 99 9150
(') The destinations 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.