COMMISSION REGULATION (EC) No 1489/95 of 28 June 1995 setting export  refunds on fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of  the market in fruit and vegetables  (1), as last amended by Commission Regulation (EC) No 1363/95   (2), and in particular Article 26 (11) thereof,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and  transitional arrangements required in the agriculture sector in order to implement the agreements  concluded during the Uruguay Round of multilateral trade negotiations  (3), and in particular  Article 3 thereof,
Whereas Commission Regulation (EC) No 1488/95  (4) sets implementing rules for export refunds on  fruit and vegetables;
Whereas Article 26 (1) of Regulation (EEC) No 1035/72 states that, to the extent necessary to  permit economically significant exportation, the difference between prices in international trade  of the products listed in that Article and their prices in the Community may be covered by export  refunds;
Whereas Article 26 (4) of Regulation (EEC) No 1035/72 states that refunds must be fixed with regard  to the existing situation and outlook for fruit and vegetable prices on the Community market and  supply availability, on the one hand, and 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 envisaged exports;
Whereas refunds are, pursuant to Article 26 (1) of Regulation (EEC) No 1035/72, to be set with due  regard to the limits resulting from agreements concluded in accordance with Article 228 of the  Treaty;
Whereas Article 26 (5) of Regulation (EEC) No 1035/72 states that prices on the Community market  are to be determined taking account of those most favourable from the exportation standpoint;  whereas international trade prices are to be determined account taken of the prices indicated in  the second subparagraph of that paragraph;
Whereas the international trade situation or the special requirements of certain markets may make  it necessary to vary the refund on a given product depending on the destination of that product;
Whereas economically significant exports can be made at the present time of tomatoes, lemons,  oranges, apples, peaches and nectarines of classes 'extra`, I and II of the common quality  standards, table grapes of classes 'extra` and I, shelled almonds, hazelnuts and walnuts in shell;
Whereas Council Regulation (EEC) No 990/93  (5) prohibits trade between the European Economic  Community and the Federal Republic of Yugoslavia (Serbia and Montenegro); whereas this prohibition  does not apply in certain situations, all of which are specified in Articles 2, 4, 5 and 7 thereof;  whereas account should be taken of these in setting refunds;
Whereas the representative market rates as defined in Article 1 of Council Regulation (EEC) No  3813/92  (6), as last amended by Regulation (EC) No 150/95  (7), are used to convert amounts in  third country currencies and are the basis for determining the agricultural conversion rates of the  Member States' currencies; whereas rules for determining and applying these conversion rates were  set by Commission Regulation (EEC) No 1068/93  (8), as last amended by Regulation (EC) No 1053/95   (9);
Whereas application of the rules mentioned above to the present and forecast market situation, in  particular to fruit and vegetable prices in the Community and in international trade, leads to the  refund rates set in the Annexes hereto;
Whereas, pursuant to Article 26 (2) of Regulation (EEC) No 1035/72, the most efficient possible use  should be made of the resources available without creating discrimination between traders; whereas,  therefore, care should be taken not to disturb the trade flows previously induced by the refund  arrangements; whereas, for these reasons and because of the seasonal nature of exports of fruit and  vegetables, quotas should be fixed for each product;
Whereas the Management Committee for Fruit and Vegetables has not delivered an opinion within the  time limit set by its chairman,
1.  The export refund rates and quantities eligible for refunds in  the fruit and vegetables sector for licences with advance fixing of the refund issued between 1  July 1995 and 30 June 1996 shall be those fixed Annex I hereto.
The indicative rates and quantities for exports without advance fixing of the refund shall be those  fixed in Annex II hereto.
2.  Quantities for which licences are issued in the context of food aid, as referred to in Article  14a of Commission Regulation (EEC) No 3719/88  (1) laying down common detailed rules for the  application of the system of import and export licences and advance fixing certificates for  agricultural products, shall not count against the eligible quantities referred to in the first  paragraph.
This Regulation shall enter into force on the day of its publication in the Official  Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.