Commission Regulation (EC) No 1961/2001 of 8 October 2001 laying down detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables
Modified by
Commission Regulation (EC) No 1176/2002of 28 June 2002laying down detailed rules for exports of certain fruit and vegetables and processed fruit and vegetable products to Estonia and amending Regulations (EC) Nos 1961/2001 and 1429/95, 302R1176, June 29, 2002
Commission Regulation (EC) No 537/2004of 23 March 2004adapting several regulations concerning the market of fresh fruit and vegetables by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union, 304R0537, March 24, 2004
Commission Regulation (EC) No 386/2005of 8 March 2005amending several regulations as regards the combined nomenclature codes for certain fruit and vegetables and certain products processed from fruit and vegetables, 305R0386, March 9, 2005
Corrected by
Corrigendum to Commission Regulation (EC) No 1961/2001 of 8 October 2001 laying down detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables, 301R1961R(01), January 24, 2002
Commission Regulation (EC) No 1961/2001of 8 October 2001laying down detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetablesTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2200/96 of28 October 1996 on the common organisation of the market in fruit and vegetablesOJ L 297, 21.11.1996, p. 1., as last amended by Commission Regulation (EC) No 911/2001OJ L 129, 11.5.2001, p. 3., and in particular Article 35(8) and (11) thereof,Whereas:(1)Various aspects of Commission Regulation (EC) No 2190/96 of 14 November 1996 on detailed rules for implementing Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetablesOJ L 292, 15.11.1996, p. 12., as last amended by Regulation (EC) No 298/2000OJ L 34, 9.2.2000, p. 16., should be amended in order to improve the system of export refunds on fruit and vegetables. In the interests of clarity and rationalisation, therefore, the text should be recast and Regulation (EC) No 2190/96 repealed.(2)Article 35(6) of Regulation (EC) No 2200/96 requires the presentation of an export licence for the grant of any refund.(3)Commission Regulation (EC) No 1291/2000OJ L 152, 24.6.2000, p. 1. lays down common detailed rules for applying the system of import and export licences and advance-fixing certificates for agricultural products.(4)Commission Regulation (EEC) No 3846/87OJ L 366, 24.12.1987, p. 1., as last amended by Regulation (EC) No 1502/2001OJ L 199, 24.7.2001, p. 13., establishes an agricultural product nomenclature for export refunds.(5)Commission Regulation (EC) No 800/1999OJ L 102, 17.4.1999, p. 11., as last amended by Regulation (EC) No 90/2001OJ L 14, 18.1.2001, p. 22., lays down common detailed rules for applying the system of export refunds for agricultural products. These detailed rules must be supplemented by specific rules relating to fruit and vegetables.(6)Under 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 with Article 300 of the Treaty.(7)The Commission is required to fix the refund rates and the maximum quantities eligible for refunds. Those amounts and quantities must be fixed per export-licence application period. They may be revised in the light of economic circumstances.(8)To ensure that quantities for export are precisely administered, time should be allowed for reflection before licences are issued.(9)The Member States should designate the bodies responsible for issuing licences.(10)To ensure that the arrangements are properly applied, a variety of systems should exist for granting refunds and these should include invitations to tender.(11)Licences with advance fixing of the refund should be issued subject to the lodging of a security.(12)In order to ensure that the arrangements function properly and to prevent speculation, licences should not be transferable.(13)Article 35(4) of Regulation (EC) No 2200/96 provides, inter alia, for refunds to be fixed in accordance with the economic aspect of proposed exports. To that end, provision should be made for a system whereby refunds are granted by invitation to tender. Before such licences are issued, the Commission should ask tenderers to indicate the refund rate at which they wish to export. The Commission can use this information to make an informed decision on economically viable maximum refund rates. In some cases, particularly where the rates offered are too high, the maximum rate must be fixed in accordance with the procedure laid down in Article 46 of Regulation (EC) No 2200/96. The Commission should be allowed, where necessary, to reject all tenders submitted under invitations to tender.(14)The date of issue of licences should be defined by reference to Regulation (EC) No 1291/2000.(15)In order to maintain the flexibility which is characteristic of exports of perishable products such as fruit and vegetables, certain transactions should be eligible for a refund without advance fixing provided that a licence application is submitted a posteriori.(16)In order to prevent significant overruns of indicative quantities in the case of licences without advance fixing of the refund, the Commission should be able to reject licence applications relating to an export date later than a given date.(17)The destination or group of destinations should be made compulsory.(18)The Member States should regularly forward certain information on licence applications to the Commission by electronic mail.(19)Steps should be taken to ensure that exported products on which refunds are granted meet the relevant common marketing standards and any national rules on the quality of fruit and vegetables exported to third countries. This requirement must apply without exception to all supplies for ships and aircraft treated as exports from the Community. Accordingly, the derogations provided for in the second subparagraph of Article 6(5) of Regulation (EC) No 2190/96 should not be incorporated in this Regulation.(20)The exported quantity conferring entitlement to a refund may not exceed the quantity for which the licence has been issued.(21)The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,HAS ADOPTED THIS REGULATION: