31982R0304

No L 37/ 14 Official Journal of the European Communities 10 . 2 . 82

COMMISSION REGULATION (EEC No 304/ 82

of 9 February 1982

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 tomatoes, sweet fresh oranges, fresh manda­ rins, fresh lemons and apples of the common quality Having regard to Council Regulation (EEC) No standards ' Extra' Class, Class I and Class II, ' Extra' 1035/72 of 18 May 1972 on the common organization Class and Class I hothouse grapes and open ground of the market in fruit and vegetables ('), as last grapes, shelled almonds and hazelnuts , and unshelled amended by Regulation (EEC) No 1116/81 (2), and in walnuts and hazelnuts may at present be exported in particular Article 30 (4) thereof, economically significant 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 ically significant quantities to be exported, the dif­ a band of 2-25 % , a rate of exchange based on their central rate, ference between prices in international trade for the products referred to in that Article and prices for the products within the Community may be covered by an — for other currencies, an exchange rate based on the 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 indent ; 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 detailed rules as amended by Regulation (EEC) No 2455/72 (4), to the present market situation and to its future trends, provides that when refunds are being fixed, account and in particular to quotations and prices for fruit and must be taken of the existing situation and future vegetables in the Community and in international trade that the refunds should be as set out in the trends with regard to prices and availabilities of fruit 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 aspects Commission Regulation (EEC) No 2730/79 of 29 of the proposed exports ; November 1979 laying down common detailed rules for the application of the system of export refunds on Whereas, pursuant to Article 3 of Regulation (EEC) agricultural products (5), as last amended by Regulation No 2518 /69, when prices on the Community market (EEC) No 3476/80 (6), may be relaxed in the case of are being determined account must be taken of the exports to non-member countries outside Europe ; prices which are most favourable from the exportation whereas, in such a case, Article 23 ( 1 ) (c) of Regulation point of view ; whereas, when prices in international (EEC) No 2730/79 may be applied ; 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 118 , 20 . 5 . 1972, p . 1 . (2 OJ No L 118 , 30 . 4. 1981 , p. 1 . (3) OJ No L 318 , 18 . 12. 1969 , p . 17. 0 OJ No L 317, 12. 12. 1979 , p. 1 . O OJ No L 266, 25 . 11 . 1972, p . 7 . (<) OJ No L 363 , 31 . 12 . 1980 , p. 71 .

10 . 2 . 82 Official Journal of the European Communities No L 37 / 15

HAS ADOPTED THIS REGULATION : apply to exports of sweet oranges, mandarins, lemons, table grapes of open ground, walnuts in shell, shelled Article 1 almonds, 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) This Regulation shall enter into force on 10 February 1982 . of Commission Regulation (EEC) No 2730/79 shall

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

Done at Brussels, 9 February 1982 .

For the Commission Poul DALSAGER Member of the Commission

No L 37/ 16 Official Journal of the European Communities 10 . 2 . 82

ANNEX

to the Commission Regulation of 9 February 1982 fixing the export refunds on fruit and vegetables

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

ex 07.01 M Tomatoes (' Extra' Class, Class I and Class II) 4-50 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 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 20-00 (3) ex 08.05 B Unshelled walnuts 14-00 ex 08.05 G Unshelled hazelnuts (31 August 1982 at the latest) 1500 ex 08.05 G Shelled hazelnuts 30-00 (3) 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 (2), Iran and Iraq 1200 — 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, Ecuador, Iceland, Finland, Norway, Sweden, Austria and the Faraoe Islands 3-63

(') For exports to Poland for which the customs export formalities have been completed on 31 March 1982 at the latest, the export refund has been fixed at 12-04 ECU/ 100 kg net. (J) 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). (3) For exports 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 , on or after 1 September 1982, the amount is fixed at 9-67 ECU/ 100 kg net for shelled almonds and at 14-51 ECU/ 100 kg net for shelled hazelnuts.