31979R1261

No L 160 / 20 Official Journal of the European Communities 28 . 6 . 79

COMMISSION REGULATION ( EEC) No 1261 / 79 of 27 June 1979 fixing the export refunds on fruit and vegetables

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

Having regard to the Treaty establishing the European Whereas fresh lemons, apples and peaches of the Economic Community, common quality standards ' Extra' Class, Class I and Class II, ' Extra' Class and Class I hothouse grapes, shelled almonds and hazelnuts , and unshelled walnuts Having regard to Council Regulation ( EEC) No may at present be exported in economically signifi­ 1035/72 of 18 May 1972 on the common organiza­ cant quantities ; tion of the market in fruit and vegetables ('), as last amended by Regulation ( EEC) No 1 208 /79 (2), and in particular Article 30 (4) thereof, Whereas, if the refund system is to operate normally, refunds should be calculated on the following basis : Having regard to the opinion of the Monetary — in the case of currencies which are maintained in Committee, relation to each other at any given moment within a band of 2-25 % , a rate of exchange based on Whereas Article 30 of Regulation (EEC) No 1035/72 their effective parity ; provides that, to the extent necessary to allow econom­ ically significant quantities to be exported, the differ­ — for other currencies, an exchange rate based on the ence between prices in international trade for the arithmetic mean of the spot market rates of each products referred to in that Article and prices for the of these currencies recorded for a given period in products within the Community may be covered by relation to the Community currencies referred to an export refund ; in the previous indent ;

Whereas Article 2 of Council Regulation (EEC) No Whereas it follows from applying these detailed rules 2518 /69 of 9 December 1969 laying down general to the present market situation and to its future rules for the granting of refunds on exports of fruit trends, and in particular to quotations and prices for and vegetables and criteria for fixing their amounts (3), fruit and vegetables in the Community and in inter­ national trade that the refunds should be as set out in as amended by Regulation (EEC) No 2455/72 (4), provides that when refunds are being fixed, account the Annex hereto ; must be taken of the exiating situation and future trends with regard to prices and availabilities of fruit Whereas the obligations under Article 6 ( 1 ) (b) of and vegetables on the Community market on the one Commission Regulation ( EEC) No 192/75 of 17 hand and prices in international trade on the other ; January 1975 laying down detailed rules for the appli­ whereas account must also be taken of the costs indi­ cation of export refunds in respect of agricultural cated in (b) of that Article and of the economic products (5), as last amended by Regulation ( EEC) No aspects of the proposed exports ; 2145/ 77 (6), may be relaxed in the case of exports to non-member countries outside Europe ; whereas, in Whereas, pursuant to Article 3 of Regulation ( EEC) such a case, Article 1 1 (4) (c) of Regulation ( EEC) No No 2518 /69 , when prices on the Community market 192/75 may be applied ; are being determined account must be taken of the prices which are most favourable from the exportation Whereas Council Regulation (EEC) No 652/79 of 29 point of view ; whereas, when prices in international March 1 979 ( 7) laid down the coefficient for trade are being determined, the quotations and prices expressing amounts, fixed in units of account, in referred to in paragraph 2 of that Article must be ECU ; taken into account ;

Whereas the situation with regard to international Whereas the Management Committee for Fruit and trade or the specific requirements of certain markets Vegetables has not delivered an opinion within the time limit set by its chairman , (') OJ No L 118 , 20 . 5 . 1972, p. 1 . (2) OJ No L 153 , 21 . 6 . 1979 , p. 1 . (5) OJ No L 25, 31 . 1 . 1975, p. 1 . (}) OJ No L 318 , 18 . 12. 1969, p . 17. (0) OJ No L 249, 30 . 9 . 1977, p. 12. (<) OJ No L 266, 25 . 11 . 1972, p. 7 . 7) OJ No L 84, 4. 4. 1979 , p. 1 .

28 . 6 . 79 No L 160 / 21 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : apply to exports of lemons, walnuts in shell, shelled hazelnuts, apples and pears as set out in the Annex Article 1 hereto .

1 . The export refunds on fruit and vegetables shall be as set out in the Annex hereto . Article 2

2 . The provisions of Articles 6 ( 1 ) (b) and 11 (4) (c) This Regulation shall enter into force on 28 June of Commission Regulation (EEC) No 192/75 shall 1979 .

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

Done at Brussels, 27 June 1979 .

For the Commission Finn GUNDELACH Vice-President

No L 160/22 28 . 6. 19 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 27 June 1979 fixing the export refunds on fruit and vegetables

,(ECU/100 kg net) CCT heading No Description Refund

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

For export to : — countries or States with a planned economy in central or eastern Europe 6-04 — other destinations 4-23 ex 08.04 A I 19-34 Table grapes, fresh, hothouse 'Extra' Class and Class I

ex 08.05 A II Shelled almonds, other than bitter almonds 9-67

ex 08.05 B Unshelled walnuts 12-09

ex 08.05 G Shelled hazelnuts 14-51

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, Comoros, Mauritius, Sudan , Ethiopia , Jibuti , the countries of the Arabian peninsula ( 1 ), Iran and Iraq 8-46 — 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 3-63

ex 08.07 B Peaches ( excluding pectorins), 'Extra' Class, Class I and Class II 9-67

(') 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 , United Arab Emirates ( Abu Dhabi , Dubai , Sharjah , Ajman , Umm al Qawain , Fujairah , Ras A1 Khaimah), Yemen Arab Republic ( North Yemen) and the People 's Democratic Republic of Yemen (South Yemen).