31981R1137

No L 118/40 Official Journal of the European Communities 30 . 4 . 81

COMMISSION REGULATION EEC No 1137 / 81 of 29 April 1981 fixing the export refunds on fruit and vegetables

THE COMMISSION OF THE EUROPEAN Whereas the situation with regard to international COMMUNITIES, trade or the specific requirements of certain markets may make it necessary to vary the refund for a given product according to the destination of that product ; Having regard to the Treaty establishing the European Economic Community, Whereas sweet fresh oranges, fresh mandarins, fresh lemons and apples of the common quality standards Having regard to Council Regulation (EEC) No ' Extra ' Class, Class I and Class II, ' Extra' Class and 1035/72 of 18 May 1972 on the common organiza­ Class I hothouse grapes and open ground grapes, tion of the market in fruit and vegetables ('), as last shelled almonds and hazelnuts , and unshelled walnuts amended by the Act of Accession of Greece (2 ), and in may at present be exported in economically signifi­ particular Article 30 (4) thereof, cant quantities ;

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

— 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 in international trade for the products referred to in that Article and prices for the — for other currencies, an exchange rate based on the products within the Community may be covered by arithmetic mean of the spot market rates of each an export refund ; of these currencies recorded for a given period in relation to the Community currencies referred to in the previous indent ; Whereas Article 2 of Council Regulation (EEC) No 2518 /69 of 9 December 1969 laying down general rules for the granting of refunds on exports of fruit Whereas it follows from applying these detailed rules and vegetables and criteria for fixing their amounts (3), to the present market situation and to its future as amended by Regulation (EEC) No 2455/72 (4), trends, and in particular to quotations and prices for provides that when refunds are being fixed, account fruit and vegetables in the Community and in inter­ must be taken of the existing situation and future national trade that the refunds should be as set out in trends with regard to prices and availabilities of fruit the Annex hereto ; and vegetables on the Community market on the one hand and prices in international trade on the other ; whereas account must also be taken of the costs indi­ Whereas the obligations under Article 10 ( 1 ) (b) of cated in (b) of that Article and of the economic Commission Regulation (EEC) No 2730/79 of 29 aspects of the proposed exports ; November 1979 laying down common detailed rules for the application of the system of export refunds on agricultural products (5 ), as last amended by Regula­ Whereas, pursuant to Article 3 of Regulation ( EEC) tion (EEC) No 3476/ 80 (b), may be relaxed in the case No 2518 /69, when prices on the Community market of exports to non-member countries outside Europe ; are being determined account must be taken of the whereas, in such a case, Article 23 ( 1 ) (c) of Regulation prices which are most favourable from the exportation ( EEC) No 2730/79 may be applied ; point of view ; whereas, when prices in international trade are being determined, the quotations and prices referred to in paragraph 2 of that Article must be Whereas the Management Committee for Fruit and taken into account ; Vegetables has not delivered an opinion within the time limit set by its chairman , (') OJ No L 1 18 , 20 . 5 . 1972, p . 1 . ( 2 ) OJ No L 291 , 19 . 1 1 . 1979 , p . 17 . (3 ) OJ No L 318 , 18 . 12 . 1969 , p . 17 . (5 ) OJ No L 317 , 12 . 12 . 1979 , p . 1 . (•») OJ No L 266 , 25 . 11.1 972 , p . 7 . (f) OJ No L 363, 31 . 12 . 1980 , p . 71 .

30 . 4 . 81 Official Journal of the European Communities No L 118 /41

HAS ADOPTED THIS REGULATION : apply to exports of sweet oranges, mandarins, lemons, table grapes of open ground, walnuts in shell, shelled Article 1 hazelnuts, and apples as set out in the Annex 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 10 ( 1 ) (b) and 23 ( 1 ) (c) of Commission Regulation (EEC) No 2730/79 shall This Regulation shall enter into force on 1 May 1981 .

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

Done at Brussels , 29 April 1981 .

For the Commission Poul DALSAGER Member of the Commission

No L 118/42 Official Journal of the European Communities 30 . 4 . 81

ANNEX

to the Commission Regulation of 29 April 1981 fixing the export refunds on fruit and vegetables

(ECU/100 kg net)

CCT heading Refund No Description

ex 08.02 A I Sweet fresh oranges : — Of varieties Biondo comune and Sanguigno comune (' Extra' Class, Class I and Class II) . 5-32 — Of other varieties (' Extra' Class, Class I and Class II) 9-67 (2 )

ex 08.02 B Fresh mandarins (' Extra' Class, Class I and Class II) 7-25

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 Table grapes : — Fresh , open ground (' Extra' Class and Class I ) 7-00 — Fresh , hothouse (' Extra' Class and Class I) 19-34

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

ex 08.05 B Unshelled walnuts 14-00

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 , Mozam­ bique, Tanzania, Kenya, Rwanda, Burundi , Uganda , Somalia, Madagascar, Comoros, Mauritius, Sudan , Ethi­ opia, Jibuti , the countries of the Arabian peninsula ('), Iran and Iraq 1 200 — countries and territories of Africa other than those mentioned above and South Africa, Syria, Jordan , coun­ tries with a planned economy in central and eastern Europe, Bolivia, Brazil , Venezuela, Peru , Panama, Ecuador, Iceland , Finland, Norway, Sweden , Austria and the Faroe Islands 3-63

(') 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 Al Khaimah), Yemen Arab Republic ( North Yemen ) and the People s Democratic Republic of Yemen (South Yemen ). (2) For exports to State-trading countries of central or eastern Europe for which customs export formalities have been completed , or which have been placed under the system provided for in Article 5 of Regulation ( EEC) No 565/ 80 , by 22 May 1981 at the latest, the amount of the refund is fixed at 17 ECU per 100 kg net .