COMMISSION REGULATION (EC) No 27/97 of 9 January 1997 fixing 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 (EC) No 2200/96 of 28 October 1996 on the common organization of the market in fruit and vegetables (1), and in particular Article 35 (8) (11) thereof,

Whereas Commission Regulation (EC) No 2190/96 of 14 November 1996 (2), as amended by Regulation (EC) No 26/97 (3), lays down detailed rules on export refunds on fruit and vegetables;

Whereas Article 26 (1) of Council Regulation (EEC) No 1035/72 (4), as last amended by Commission Regulation (EC) No 1363/95 (5), provides that, to the extent necessary for economically significant quantities of the products listed in that Article to be exported, the difference between the international market prices for those products and their prices in the Community may be covered by export refunds;

Whereas Article 26 (4) of Regulation (EEC) No 1035/72 provides that refunds must be fixed in the light of the existing situation or the outlook for fruit and vegetable prices on the Community market and supplies available on the one hand, and prices on the international market on the other hand; whereas account must also be taken of the costs referred to in Article 26 (4) (b) of that Regulation and of the economic aspect of the exports planned;

Whereas, pursuant to Article 26 (1) of Regulation (EEC) No 1035/72, refunds are to be set with due regard to the limits resulting from agreements concluded in accordance with Article 228 of the Treaty;

Whereas, in accordance with Article 26 (5) of Regulation (EEC) No 1035/72, 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 referred to in the second subparagraph of that paragraph;

Whereas the international trade situation or the special requirements of certain markets may call for the refund on a given product to vary according to its destination;

Whereas tomatoes, lemons, oranges and apples 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 can currently be exported in economically significant quantities;

Whereas the representative market rates as defined in Article 1 of Council Regulation (EEC) No 3813/92 of 28 December 1992 (6), as last amended by Regulation (EC) No 150/95 (7), are used to convert amounts expressed in currencies of third countries and provide the basis for determining the agricultural conversion rates for the Member States' currencies; whereas rules for determining and applying those conversion rates are laid down in Commission Regulation (EEC) No 1068/93 of 30 April 1993 (8), as last amended by Regulation (EC) No 1482/96 (9);

Whereas the application of the abovementioned rules to the present and forecast market situation, and in particular to fruit and vegetable prices in the Community and international trade, gives the refund rates set out in the Annex hereto;

Whereas, pursuant to Article 26 (2) of Regulation (EEC) No 1035/72, the resources available should be used as efficiently as possible while avoiding discrimination between traders; whereas, therefore, care should be taken not to disturb the trade flows previously induced by the refund arrangements; whereas, for those reasons and because of the seasonal nature of exports of fruit and vegetables, quotas should be fixed for each product;

Whereas, owing to the market situation, in order to make the most efficient use of the resources available and given the structure of Community exports, the most appropriate method should be selected for export refunds on certain products and consequently refunds under the A1 and A2 licence arrangements referred to in Article 1 of Regulation (EC) No 2190/96 should not be fixed simultaneously for the export period in question; whereas under the A2 system a distinction should be made between close and more remote destinations;

Whereas account should be taken of the definitive rates under the A2 system fixed for the preceding licence application period;

Whereas the Management Committee for Fruit and Vegetables has not delivered an opinion within the time limit set by its Chairman,

HAS ADOPTED THIS REGULATION:

Article 1

1. The export refunds on fruit and vegetables shall be as set out in the Annex hereto.

2. Quantities covered by licences issued for food aid as referred to in Article 14a of Commission Regulation (EEC) No 3719/88 (10), of 16 November 1988 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 covered by paragraph 1.

3. Without prejudice to the application of Article 4 (5) of Regulation (EC) No 2190/96, the term of validity of A1 and A2 licences shall be two months.

Article 2

This Regulation shall enter into force on 10 January 1997.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 January 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 297, 21. 11. 1996, p. 1.

(2) OJ No L 292, 15. 11. 1996, p. 12.

(3) See page 9 of this Official Journal.

(4) OJ No L 118, 20. 5. 1972, p. 1.

(5) OJ No L 132, 16. 6. 1995, p. 8.

(6) OJ No L 387, 31. 12. 1992, p. 1.

(7) OJ No L 22, 31. 1. 1995, p. 1.

(8) OJ No L 108, 1. 5. 1993, p. 106.

(9) OJ No L 188, 27. 7. 1996, p. 22.

(10) OJ No L 331, 2. 12. 1988, p. 1.

ANNEX

EXPORT REFUNDS ON FRUIT AND VEGETABLES

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Commission Regulation (EC) No 27/97 of 9 January 1997 fixing export refunds on fruit and vegetables