31987R0444

13 . 2. 87 Official Journal of the European Communities No L 43 /37

COMMISSION REGULATION (EEC) No 444/87 of 12 February 1987 fixing the export refunds for products processed from fruit and vegetables as provided for in Article 12 of Council Regulation (EEC) No 426/86

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas pursuant to Articles 87 and 255 of the Act of Accession account shall be taken of the difference in Having regard to the Treaty establishing the European prices recorded or economically justified when fixing the Economic Community, level of various amounts within the common agricultural policy ; whereas existing differences in prices of the raw Having regard to the Act of Accession of Spain and material used in the processing of the products to be Portugal, exported lead to the result that specific refunds should be fixed for products obtained from raw material originating Having regard to Council Regulation (EEC) No 426/86 of in Spain and Portugal ; 24 February 1986 on the common organization of the market in products from fruit and vegetables ('), amended Whereas when the application of the rules referred to by Regulation (EEC) No 1838/86 (2), and in particular above results in an amount of refund which for products Article 12 (2) and (5) thereof, listed in Article 1 ( 1 ) (b) of Regulation (EEC) No 426/86 is supposed to be lower than the refund for the added sugars Whereas, pursuant to Article 12 (1 ) of Regulation (EEC) pursuant to Article 11 of the same Regulation, no refund No 426/86, to the extent necessary to enable the products should be fixed ; whereas in such cases the refunds for referred to in Article 1 (1 ) (a) of the said Regulation to be added sugars should apply ; exported in economically significant quantities on the basis of prices for those products on the world market, the Whereas application of the abovementioned rules and difference between those prices and prices within the criteria to the current market situation, and in particular Community may be covered by an export refund ; to the prices of products processed from fruit and vegeta­ whereas Article 12 (3) of Regulation (EEC) No 426/86 bles on the Community market and in international trade provides that in cases where the refund for sugars incor­ entails fixing an appropriate refund ; porated in the products listed in Article 1 ( 1 ) (b) of the Regulation is not sufficient to permit export of the Whereas the Management Committee for Products products, the refund fixed pursuant to Article 12 ( 1 ) shall Processed from Fruit and Vegetables has not delivered an apply for such products ; opinion within the time limit set by its chairman,

Whereas, pursuant to Article 2 of Council Regulation (EEC) No 519/77 of 14 March 1977 laying down general rules for granting export refunds on products processed HAS ADOPTED THIS REGULATION : from fruit and vegetables and criteria for fixing the amount of such refunds (3), account should be taken, when refunds are being fixed, of the existing situation and Article 1 future trends with regard to, on the one hand, prices and availabilities on the Community market of products processed from fruit and vegetables and, on the other 1 . The export refunds referred to in Article 1 2 of Regu­ hand, of prices ruling in international trade ; whereas lation (EEC) No 426/86 shall be as set out in the Annex account should also be taken of the costs referred to in hereto . subparagraph (b) of the said Article and of the economic aspect of the proposed exports ; 2. Where no refund is fixed for a product listed in the Annex, that product may, where applicable, benefit from Whereas, in accordance with Article 3 of Regulation any export refund applicable to added sugars pursuant to (EEC) No 519/77, account should be taken, when prices Article 11 of Regulation (EEC) No 426/86. on the Community market are being determined, of the ruling prices which are most favourable from the point of view of exportation ; whereas, when prices in international Article 2 trade are being determined, account should be taken of the prices referred to in paragraph 2 of the said Article ; Regulation (EEC) No 829/86 is hereby repealed. Whereas the export refunds for these products were last fixed by Commission Regulation (EEC) No 829/86 (4) ; Article 3

(>) OJ No L 49, 27. 2. 1986, p. 1 . This Regulation shall enter into force on the day of its (2) OJ No L 159, 14. 6. 1986, p. 1 . publication in the Official Journal of the European 0 OJ No L 73, 21 . 3. 1977, p. 24. Communities. b) OJ No L 76, 21 . 3. 1986, p. 32.

No L 43/38 13 . 2. 87 Official Journal of the European Communities

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

Done at Brussels, 12 February 1987.

For the Commission Frans ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 12 February 1987 fixing the export refunds for products processed from fruit and vegetables as provided for in Article 12 of Council Regulation (EEC) No 426/86

(ECU/100 kg net) CCT Refund heading Description No 10 no III (3)

ex 08.11 E Cherries, stalked, stoned and preserved in a sulphur solu­ tion and with a drained net weight at least equal to 50 % of the net weight : — for destinations other than North America 13,30 13,30 ex 20.02 C Tomato concentrate : IIIl — for destinations other than North America 6,00 0 6,00 (4) 6,00 (4) ex 20.04 Cherries preserved by sugar (drained, glace or crystal­ lized) : — for destinations other than North America 30,22 30,22 ex 20.06 A Common hazel-nuts (fruit of the species Corylus avelana), other than mixtures 14,51 13,31 14,51 ex 20.07 Pure orange juices not containing added substances with a sugar content of : — 10° Brix or more but less than 22° Brix 2,10 2,10 2,10 — 22° Brix or more but less than 33° Brix 4,20 4,20 4,20 — 33° Brix or more but less than 44° Brix 6,30 6,30 6,30 — 44° Brix or more but less than 55° Brix 8,40 8,40 8,40 — 55° Brix or more 10,50 10,50 10,50

(') Amounts shown shall apply to products obtained from fruit harvested within the Community of Ten. (*) Amounts shown shall apply to products obtained from fruit harvested in Spain. (3) Amounts shown shall apply to products obtained from fruit harvested in Portugal. (4) This amount is valid per 100 kg net weight of product with a dry matter content of not less than 28 % but less than 30 % . For products with other degrees of concentration it is determined by applying the coefficients provided for in Annex V, Section I, of Regulation (EEC) No 1709/84 (OJ No L 162, 20. 6. 1984, p. 8).