CELEX: 31991R3762
Language: en
Date: 1991-12-21 00:00:00
Title: Commission Regulation (EEC) No 3762/91 of 20 December 1991 fixing the export refunds for products processed from fruit and vegetables as provided for in Article 12 of Council Regulation (EEC) No 426/86

21 . 12. 91                              Official Journal of the European Communities                              No L 352/89
                                     COMMISSION REGULATION (EEC) No 3762/91
                                                     of 20 December 1991
                  fixing the export refunds for products processed from fruit and vegetables as
                        provided for in Article 12 of Council Regulation (EEC) No 426/86
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        on the Community market are being determined, of the
                                                                   ruling prices which are most favourable from the point of
                                                                   view of exportation ; whereas, when prices in international
                                                                   trade are being determined, account should be taken of
Having regard tcj the Treaty establishing the European             the prices referred to in paragraph 2 of the said Article ;
 Economic Community,
                                                                   Whereas when the application of the rules referred to
 Having regard to Council Regulation (EEC) No 426/86 of            above results in an amount of refund which for products
24 February 1986 on the common organization of the                 listed in Article 1 (1 ) (b) of Regulation (EEC) No 426/86 is
market in products processed from fruit and vegetables ('),        supposed to be lower than the refund for the added sugars
as last amended by Regulation (EEC) No 1943/91 (2), and            pursuant to Article 1 1 of the same Regulation, no refund
in particular Article 12 (2) and (5) thereof,                      should be fixed ; whereas, in such cases, the refunds for
                                                                   added sugars should apply ;
Whereas, pursuant to Article 12 (1 ) of Regulation (EEC)
 No 426/86, to the extent necessary to enable the products
referred to in Article 1 (1 ) (a) of the said Regulation to be     Whereas the nonfixing of refunds for peeled tomatoes to
exported in economically significant quantities on the             be exported to the USA entails the application of the
basis of prices for those products on the world market, the        provisions of Article 16 of Commission Regulation (EEC)
difference between those prices and prices within the              No 3665/87 of 27 November 1987 laying down common
 Community may be covered by an export refund ;                    detailed rules for the application of the system of export
whereas Article 12 (3) of Regulation (EEC) No 426/86               refunds on agricultural products (4), as last amended by
provides that in cases where the refund for sugars incor­          Regulation (EEC) No 1615/90
porated in the products listed in Article 1 (1 ) (b) of the
Regulation is not sufficient to permit export of the
products, the refund fixed pursuant to Article 12 (1 ) shall
apply for such exports ;
                                                                   Whereas application of the abovementioned rules and
                                                                   criteria to the current market situation, and in particular
                                                                   to the prices of products processed from fruit and vege­
Whereas, pursuant to Article 2 of Council Regulation               tables on the Community market and in international
(EEC) No 519/77 of 14 March 1977 laying down general               trade entails fixing an appropriate refund ;
rules for granting export refunds on products processed
from fruit and vegetables and criteria for fixing the
amount of such refunds (3), account should be taken,
when refunds are being fixed, of the existing situation and
future trends with regard to, on the one hand, prices and          Whereas on account of the characteristics of the market
availabilities on the Community market of products                 in dried grapes, particularly as regards the traditional
processed from fruit and vegetables and, on the other              periods for fixing commercial contracts the question of
hand, prices ruling in international trade ; whereas               whether it is appropriate to fix a refund for these products
account should also be taken of the costs referred to in           and the amount of such a refund should be reexamined
subparagraph (b) of the said Article and of the economic           by 15 April 1992 at the latest ;
aspect of the proposed exports ;
Whereas, in accordance with Article 3 of Regulation                Whereas the Management Committee for Fruit and Vege­
(EEC) No 519/77, account should be taken, when prices              tables has not delivered an opinion within the time limit
                                                                   set by its chairman,
(') OJ No L 49, 27. 2. 1986, p. 1 .
(2) OJ No L 175, 4. 7. 1991 , p. 1 .                               (4) OJ No L 351 , 14. 12. 1987, p. 1 .
 3 OJ No L 73, 21 . 3 . 1977, p. 24.                               O OJ No L 152, 16. 6 . 1990, p. 33.
 ---pagebreak--- No L 352/90                         Official Journal of the European Communities                             21 . 12. 91
HAS ADOPTED THIS REGULATION :                                 of America shall be taken into consideration for the
                                                              application of Article 16 of Regulation (EEC) No 3665/87.
                       Article 1
                                                              3.     Where no refund is fixed for a product listed in
                                                              Annex, that product may, where applicable, benefit from
                                                              any export refund applicable to added sugars pursuant to
1 . The export refunds referred to in Article 12 of Regu­     Article 11 of Regulation (EEC) No 426/86.
lation (EEC) No 426/86 shall be as set out in Annex
hereto.
                                                                                       Article 2
2. The non-fixing of a refund rate for peeled tomatoes,       This Regulation shall enter into force on 21 December
as defined in Annex, to be exported to the United States       1991 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 20 December 1991 .
                                                                        For the Commission
                                                                         Ray MAC SHARRY
                                                                    Member of the Commission
 ---pagebreak--- 21 . 12. 91                                Official Journal of the European Communities                                          No L 352/91
                                                                   ANNEX
            to the Commission Regulation of 20 December 1991 fixing the export refunds for products
            processed from fruit and vegetables as provided for in Article 12 of Council Regulation (EEC) No
                                                                     426/86
                                                                                                                   (ECU/100 kg net)
                                                                   Destination
                          Product code                                                                      Refund (2)
                                                                of the exports (')
                        0806 20 12 000                                 03                                    35,00
                        0806 20 92 000                                 03                                    35,00
                        0812 10 00 100                                 01                                     13,30
                        2002 10 10 100                                 02                                     15,00
                        2006 00 31 000                                 01                                    30,22
                        2006 00 90 100                                 01                                    30,22
                        2008 19 10 100                                                                       21,80
                        2008 19 90 100                                                                       21,80
                        2009 11 99 110                                                                         2,10
                        2009 19 99 110                                                                         2,10
                        2009 11 99 120                                                                         4,20
                        2009 19 99 120                                                                         4,20
                        2009 11 99 130                                                                         6,30
                        2009 19 99 130                                                                         6,30
                        2009 11 99 140                                                                         8,40
                        2009 19 99 140                                                                         8,40
                        2009 11 99 150                                                                        10,50
                        2009 19 99 150                                                                        10,50
            (') For the following destinations :
                01 All destinations except North America ;
                02 All destinations except the United States of America ;
                03 All destinations except the United States of America, Turkey, South Africa, Australia, Iran and Afghanistan.
            (2) Amounts shown shall apply to products obtained frorti fruit harvested within the Community.