31976R1140

18 . 5 . 76 No L 129 / 7 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1140/ 76 of 17 May 1976 fixing , for certain products processed from fruit and vegetables, the export refunds provided for in Article 3a of Regulation ( EEC) No 865/68

THE COMMISSION OF THE EUROPEAN international trade are being determined account is to COMMUNITIES , be taken of the prices referred to in paragraph 2 of the said Article ; Having regard to the Treaty establishing the European Economic Community, Whereas peeled tomatoes, tomato concentrate and tomato, orange and lemon juice are economically important products not containing added sugar, while Having regard to Council Regulation ( EEC) No in the case of cherries in syrup no refund such as 865/68 of 28 June 1968 on the common organization would permit exportation has been fixed pursuant to of the market in products processed from fruit and Article 3 of Regulation ( EEC) No 865/68 ; whereas vegetables ('), as last amended by Regulation ( EEC) under these circumstances it is necessary to fix for No 1 420 / 75 ( 2 ), and in particular the first sentence of these products the refund provided for in Article 3a of Article 3a (4) thereof. Regulation ( EEC) No 865 / 68 ;

Whereas Article 3a of Regulation ( EEC) No 865/ 68 Whereas it follows from applying these rules and provides that, where required in order to permit the criteria to the present situation on the market, and in exportation on the basis of prices ruling in interna­ particular to prices within the Community and on the tional trade of economically important products not world market for products processed from fruit and containing added sugar being products listed in vegetables, that the refund should be fixed as indi­ Article 1 , the difference between the aforesaid prices cated below ; and Community prices may be covered by an export refund ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ ment Committee for Products Processed from Fruit Whereas Article 3a ( 5) of the said Regulation provides and Vegetables , that where the refund fixed pursuant to Article 3 is not sufficient to permit exports of the products containing added sugar covered by Regulation ( EEC) No 865/ 68 , the provisions of Article 3a rather than those of Article 3 shall apply to such products ; HAS ADOPTED THIS REGULATION :

Whereas Article 2 of Council Regulation ( EEC) No 1426/ 71 of 2 July 1971 laying down general rules for Article 1 granting export refunds on products processed from fruit and vegetables and criteria for fixing the amount 1 . The export refunds provided for in Article 3a of of such refunds (3 ), provides that refunds are to be Regulation ( EEC) No 865/68 shall be as specified in fixed taking into account the existing situation and the Annex hereto . future trends with regard, on the one hand , to prices and availabilities on the Community market of 2 . The provisions of Article 6 ( 1 ) (b) of Commission products processed from fruit and vegetables and , on Regulation ( EEC) No 192/75 of 17 January 1975 the other hand , to prices ruling in international trade ; laying down detailed rules for the application of whereas account also has to be taken of the costs export refunds in respect of agricultural products (4), referred to in ( b) of the said Article and of the shall apply to exports of tomato concentrate of the economic aspect of the proposed exports ; kinds specified in the Annex hereto .

Whereas Article 3 of Regulation ( EEC) No 1426/ 71 provides that when prices on the Community market Article 2 are being determined account shall be taken of the ruling prices which are most favourable from the This Regulation shall enter into force on the day of its point of view of exportation ; whereas when prices in publication in the Official Journal of the European Communities . (') 0 | No L 153 , 1 . 7 . 1968 , p . 8 . (-) OJ No L 141 , 3 . 6 . 1975, p . 1 . (■>) OJ No L 151 , 7. 7 . 1971 , p. 3 . (■») 0 | No L 25 , 31 . 1 . 1975 , p. 1 .

No L 129 / 8 Official Journal of the European Communities 18 . 5 . 76

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

Done at Brussels , 17 May 1976 . For the Commission

P. J. LARDINOIS Member of the Commission

ANNEX

CCT Amount in u.a. / H )() kg heading Description of goods ot product ( including No immediate packings )

ex 20.02 C Peeled tomatoes 12.00 (') ex 20.02 C Tomato concentrate : — Dry extract content : — 1 2 % and over, but less than 1 8 % 10.72 (') — 1 8 % and over, but less than 28 % 16.43 (') — 28 % and over, but less than 36 % 20.00 (') — 36 % and over, but less than 95 % 25.73 (1) — 95 % and over 68-00 (!) ex 20.06 B Cherries in syrup (weight of fruit , net of juice , not less than 50 % of total weight , not including immediate packing) 4.80 (-') ex 20.07 Tomato juice 2.00 ex 20.07 Pure orange juice , with no other substances added : — Not concentrated (between 10 and 12 degrees Brix value) 1.74 — Concentrated : — Per unit of concentration (1 1 degrees Brix value ) 1.74 ex 20.07 Pure lemon juice , with no other substances added : — Not concentrated (between 7 and 1 1 degrees Brix value) 0.74 — Concentrated : — Per unit of concentration (9 degrees Brix value ) 0.74

( ! ) For exports to nil third countries , with the exception of North America . ( : ) This refund replaces that provided for in Article \ of Regulation ( EEC ) No K6S / 6K .