31978R1328

17 . 6 . 78 No L 159/30 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1328 /78 of 16 June 1978 fixing the export refunds on fruit and vegetables

THE COMMISSION OF THE EUROPEAN necessary to vary the refund for a given product COMMUNITIES, according to the destination of that product ;

Having regard to the Treaty establisWng the European Whereas sweet fresh oranges, fresh mandarins, fresh Economic Community, lemons, apples and peaches of the common quality standards 'Extra' Class, Class I and Class II, 'Extra' Class and Class I hothouse and outdoor-grown grapes, Having regard to Council Regulation (EEC) No shelled almonds and hazelnuts, and walnuts in shell 1035/72 of 18 May 1972 on the common organiza­ may at present be exported in economically signifi­ tion of the market in fruit and vegetables ('), as last cant quantities ; amended by Regulation (EEC) No 11 54/78 (2), and in particular Article 30 (4) thereof,

Whereas, if the refund system is to operate normally, Having regard to the opinion of the Monetary refunds should be calculated on the following basis : Committee,

— in the case of currencies which are maintained in Whereas Article 30 of Regulation (EEC) No 1035/72 relation to each other at any given moment within provides that, to the extent necessary to allow econom­ a band of 2-25 % , a rate of exchange based on ically significant quantities to be exported, the differ­ their effective parity ; ence between prices on the world market and prices in the Community for the products referred to in that — for other currencies, an exchange rate based on the Article may be covered by an export refund ; arithmetic mean of the spot market rates of each of these currencies recorded for a given period in relation to the Community currencies referred to Whereas Article 2 of Council Regulation (EEC) No in the previous subparagraph ; 2518/69 of 9 December 1969 laying down general rules for the granting of refunds on exports of fruit and vegetables and criteria for fixing their amounts (3), Whereas it follows from applying these rules and as amended by Regulation (EEC) No 2455/72 (4), criteria to the present situation on the market of the provides that the refunds are to be fixed in the light of prospective development of this situation, and in parti­ the current situation or foreseeable developments with cular to quotations and prices for fruit and vegetables regard to both prices and availabilities of fruit and within the Community and on the world market that vegetables on the Community market and to prices the refund should be fixed as set out below ; on the world markets ; whereas account must also be taken of the costs referred to in (b) of the said Article and of the economic aspects of the intended exports ; Whereas the obligations under Article 6 ( 1 ) (b) of Commission Regulation (EEC) No 192/75 of 17 Whereas Article 3 of Regulation (EEC) No 2518/69 January 1975 laying down detailed rules for the appli­ provides that prices on the Community market shall cation of export refunds in respect of agricultural be fixed in the light of the ruling prices most favou­ products (5), as last amended by Regulation (EEC) No rable for exports ; whereas prices on world markets 1469/77 (6), may be relaxed in the case of exports to shall be determined in the light of the prices and non-member countries outside Europe ; whereas, in quotations referred to in paragraph 2 of the said such a case, Article 1 1 (4) (c) of Regulation (EEC) No Article ; 192/75 may be applied ;

Whereas the situation on world markets or the Whereas the measures provided for in this Regulation specific requirements of certain markets may make it are in accordance with the opinion of the Manage­ ment Committee for Fruit and Vegetables, (!) OJ No L 118, 20 . 5. 1972, p. 1 . (2) OJ No L 144, 31 . 5. 1978 , p. 5. (') OJ No L 318, 18 . 12. 1969, p. 17. (5) OJ No L 25, 31 . 1 . 1975, p. 1 . (<) OJ No L 266, 25. 11 . 1972, p. 7. (<•) OJ No L 162, 1 . 7. 1977, p. 9 .

17 . 6 . 78 Official Journal of the European Communities No L 159/31

HAS ADOPTED THIS REGULATION : apply to exports of sweet oranges, mandarins, table grapes grown outdoors, walnuts in shell, shelled hazel­ Article 1 nuts, apples and peaches as set out in the Annex.

1 . The export refunds on fruit and vegetables are hereby fixed at the amounts indicated in the Annex Article 2 hereto .

2. The provisions of Articles 6 ( 1 ) (b) and 11 (4) (c) This Regulation shall enter into force on 17 June 1978 . of Commission Regulation (EEC) No 192/75 shall

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

Done at Brussels , 16 June 1978 . For the Commission

Finn GUNDELACH Vice-President

No L 159/32 17 . 6 . 78 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 16 June 1978 fixing the export refunds on fruit and vegetables

(u.a. /100 kg net)

CCT heading Description Refund No

ex 08.02 A I Sweet fresh oranges : — of varieties Biondo Comune and Sanguigno Comune 4.40 (' Extra ' Class , Class I and Class II ) — of other varieties ('Extra' Class, Class I and Class II ) 8.00 ex 08.02 B Fresh mandarins ('Extra' Class, Class I and Class II ) 6-00

ex 08.02 C Fresh lemons (' Extra' Class, Class I and Class II ) 3.50

ex 08.04 A I Table grapes : — fresh, open ground ' Extra' Class and Class I 6.00 — fresh , hothouse 'Extra' Class and Class I 16.00

ex 08.05 A II Shelled almonds , other than bitter almonds 8.00

ex 08.05 B Walnuts unshelled 10.00

ex 08.05 G Shelled hazelnuts 12.00

ex 08.06 A II Apples ('Extra' Class , Class I and Class II ) other than cider apples : — for export to Botswana , Lesotho, Swaziland, Zambia , Malawi , Mozambique , Tanzania , Kenya , Rwanda , Burundi, Uganda , Somalia, Madagascar, Comoro Islands, Mauritius, Sudan , Ethiopia , the Republic of Jibuti , the countries of the Arabian peninsula ( x ), Iran and Iraq 7.00 — for export to countries and territories of Africa other than those mentioned above and South Africa, Syria, Jordan, countries with a planned economy in central and eastern Europe, Bolivia , Brazil , Venezuela, Peru , Panama , Iceland, Finland , Norway, Sweden , Austria and the Faroe Islands 3.00

ex 08.07 B Peaches ( excluding pectorins), ' Extra' Class, Class I and Class II 6.00

(') For the purpose of this Regulation the ' countries of the Arabian peninsula' are considered to be the following , including the territories attached thereto : Saudi Arabia , Bahrain , Qatar , Kuwait, the Sultanate of Oman , Unitec Arab Emirates ( Abu Dhabi , Dubai , Sharjah , Ajman , Ummal-Quaiwain , Fujairah , Ras A1 Kaiman ), Yemen Arab Republic ( North Yemen) and the People's Democratic Republic of Yemen (South Yemen ).