31986R1704

No L 146/78 Official Journal of the European Communities 31 . 5 . 86

COMMISSION REGULATION (EEC) No 1704/86 of 30 May 1986

fixing the export refunds on fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 lemons, apples and peaches of the common quality standards ' Extra' Class, Class I and Class II . 'Extra' Class and Class I Having regard to the Act of Accession of Spain and hothouse grapes and open ground grapes, almonds and Portugal, hazelnuts, and unshelled walnuts may at present be exported in economically significant quantities ; Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the Whereas, if the refund system is to operate normally, market in fruit and vegetables ('), as last amended by refunds should be calculated on the following basis : Regulation (EEC) No 1351 /86 (2), and in particular Article 30 (4) thereof, — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Having regard to the opinion of the Monetary Committee, of 2,25 % , a rate of exchange based on their central rate, multiplied by the coefficient provided for in Article 6 of Regulation (EEC) No 1577/85 (*), Whereas Article 30 of Regulation (EEC) No 1035/72 provides that, to the extent necessary to allow econom­ — for other currencies, an exchange rate based on the ically significant quantities to be exported, the difference arithmetic mean of the spot market rates of each of between prices in international trade for the products these currencies recorded over a given period in rela­ referred to in that Article and prices for the products tion to the Community currencies referred to in the within the Community may be covered by an export previous indent, and the aforesaid coefficient ; refund ;

Whereas it follows from applying these detailed rules to Whereas Article 2 of Council Regulation (EEC) No the present market situation and to its future trends, and 2518/69 of 9 December 1969 laying down general rules in particular to quotations and prices for fruit and vegeta­ for the granting of refunds on exports of fruit and vegeta­ bles in the Community and in international trade that the bles and criteria for fixing their amounts (3), as amended refunds should be as set out in the Annex hereto ; by Regulation (EEC) No 2455/72 (4), provides that when refunds are being fixed, account must be taken of the existing situation and future trends with regard to prices Whereas the obligations under Article 10 ( 1 ) (b) of and availabilities of fruit and vegetables on the Commu­ Commission Regulation (EEC) No 2730/79 of 29 nity market on the one hand and prices in international November 1979 laying down common detailed rules for trade on the other ; whereas account must also be taken of the application of the system of export refunds on agri­ the costs indicated in (b) of that Article and of the cultural products (6), last amended by Regulation (EEC) economic aspects of the proposed exports ; No 568/85 Q, may be relaxed in the case of exports to non-member countries outside Europe ; whereas, in such a case, Article 23 ( 1 ) (c) of Regulation (EEC) No 2730/79 Whereas, pursuant to Article 3 of Regulation (EEC) No may be applied ; 2518/69, when prices on the Community market are being determined account must be taken of the prices which are most favourable from the exportation point of Whereas, for Spain and Portugal, the Act of Accession view ; whereas, when prices in international trade are introduce transitional measures by phases and stages being determined, the quotations and prices referred to in respectively ; whereas, in particular as regards the arrange­ paragraph 2 of that Article must be taken into account ; ments applicable to exports to Spain from the Commu­ nity as constituted at 31 December 1985, Article 141 provides that, during the first phase, the Community is Whereas the situation with regard to international trade or not in principle to grant export refunds ; whereas, the specific requirements of certain markets may make it pursuant to Article 146, the Kingdom of Spain is to be a

(') OJ No L 118 , 20 . 5. 1972, p. 1 . 0 OJ No L 119, 8 . 5. 1986, p. 45. 0 OJ No L 164, 24. 6. 1985, p . 6. (3) OJ No L 318 , 18 . 12. 1969, p. 17. («) OJ No L 317, 12. 12. 1979, p. 1 . n OI No L 266. 25 . 11 . 1972, d . 7. 0 OJ No L 65, 6. 3 . 1985, p. 5 .

31 . 5. 86 Official Journal of the European Communities No L 146/79

HAS ADOPTED THIS REGULATION : authorized to maintain, during the first phase, for exports to third countries, the arrangements in force before its accession for such trade, including any export aid or Article 1 subsidies ; whereas Article 275 provides for a special procedure for the grant of refunds on exports to Portugal 1 . The export refunds on fruit and vegetables shall be from the Community as constituted at 31 December as set out in the Annex hereto . 1985 ; whereas, pursuant to Article 283, the Portugueuse Republic is to be authorized to maintain, during the first 2. The provisions of Articles 10 ( l)(b) and 23 ( l)(c) of stage, for exports to third countries, the arrangements in Regulation (EEC) No 2730/79 shall apply to export of force before its accession for such trade, including any sweet oranges, lemons, open ground table grapes, walnuts export aid or subsidies ; whereas, under those circum­ in shell, shelled hazelnuts and apples as set out in the stances, refunds for such exports should not be provided Annex hereto . for in this Regulation ;

Whereas the relevant management committees have not Article 2 delivered opinions within the time limits set by their chairmen, This Regulation shall enter into force on 1 June 1986.

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

Done at 30 May 1986.

For the Commission

Frans ANDRIESSEN

Vice-President

ANNEX

to the Commission Regulation of 30 May 1986 fixing the export refunds on fruit and vege­ tables

(ECU kg net)

CCT Description Refund (2) heading No

ex 07.01 M Tomatoes ('Extra' Class, Class I and Class II) 4,50

ex 08.02 A I Sweet fresh oranges :

For export of varieties Biondo comune and Sanguigno comune ('Extra' Class, Class I and Class II) to : — Countries or States with a planned economy in central or eastern Europe and Yugoslavia 8,00 — Other destinations 5,32 For export of other varieties ('Extra' Class, Class I and Class II) to : — Countries or States with a planned economy in central or eastern Europe and Yugoslavia 14,50 — Other destinations 9,67

No L 146/ 80 Official Journal of the European Communities 31 . 5 . 86

(ECU kg net)

CCT heading Description Refund (2) No

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 and Yugoslavia - 12,00 — Other destinations 8,00

ex 08.04 A I Table grapes :

— Fresh, open ground (' Extra' Class and Class I) 4,84 — 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 Unshelled hazelnuts 7,50

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 ('), Iran, Iraq and Jordan 12,00 — Countries and territories of Africa other than those mentioned above and South Africa, Syria, countries with a planned economy in central and eastern Europe, Yugoslavia, Bolivia, Brazil , Venezuela, Peru, Panama, Ecuador, Colombia, Iceland, Norway, Sweden, Austria, the Faroe Islands, Finland and Greenland 4,00

ex 08.07 B Peaches (other than nectarines) in categories Extra,I and II :

— originating in Greece :

— for export to countries or States with a planned economy in central or eastern Europe, Yugoslavia and the countries of the Arabian peninsula (') 5,00 — for export to all other destinations other than Switzerland and Austria 3,32

— originating in other Member States for export to all destina­ tions other than Switzerland and Austria 5,00

(') 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, 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) The refunds fixed in this Regulation shall not apply to exports :

— to Spain and Portugal from the Community as constituted at 31 December 1985, — to third countries from Spain and Portugal .