31987R0863

26 . 3 . 87 No L 82/33 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 863/87 of 25 March 1987 fixing the export refunds on fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas tomatoes, sweet fresh oranges, fresh mandarins, fresh lemons, apples and peaches of the common quality standards 'Extra' Class, Class I and Class II, 'Extra' Class Having regard to the Treaty establishing the European and Class I hothouse grapes and open ground grapes, Economic Community, almonds and hazelnuts, and unshelled walnuts may at present be exported in economically significant quanti­ Having regard to the Act of Accession of Spain and ties : Portugal,

Having regard to Council Regulation (EEC) No 1035/72 Whereas, if the refund system is to operate normally, of 18 May 1972 on the common organization of the refunds should be calculated on the following basis : market in fruit and vegetables ('), as last amended by 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 of 2,25 % , a rate of exchange based on their central Having regard to the opinion of the Monetary Committee, rate, multiplied by the coefficient provided for in the last indent of Article 3 (1 ) of Regulation (EEC) No Whereas Article 30 of Regulation (EEC) No 1035/72 1676/85 0, 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 Article 2 of Council Regulation (EEC) No Whereas it follows from applying these detailed rules to 2518/69 of 9 December 1969 laying down general rules the present market situation and to its future trends, and for the granting of refunds on exports of fruit and vegeta­ in particular to quotations and prices for fruit and vegeta­ bles and criteria for fixing their amounts (3), as amended bles in the Community and in international trade that the by Regulation (EEC) No 2455/72 (4), provides that when refunds should be as set out in the Annex hereto ; refunds are being fixed, account must be taken of the existing situation and future trends with regard to prices and availabilities of fruit and vegetables on the Commu­ Whereas the obligations under Article 10 (1 ) (b) of nity market on the one hand and prices in international Commission Regulation (EEC) No 2730/79 of 29 trade on the other ; whereas account must also be taken of November 1979 laying down common detailed rules for the costs indicated in (b) of that Article and of the the application of the system of export refunds on agri­ economic aspects of the proposed exports ; cultural products (*), last amended by Regulation (EEC) No 3903/86 Q, may be relaxed in the case of exports to Whereas, pursuant to Article 3 of Regulation (EEC) No non-member countries outside Europe ; whereas, in such 2518/69, when prices on the Community market are a case, Article 23 (1 ) (c) of Regulation (EEC) No 2730/79 being determined account must be taken of the prices may be applied ; which are most favourable from the exportation point of view ; whereas, when prices in international trade are being determined, the quotations and prices referred to in Whereas, for Spain and Portugal, the Act of Accession paragraph 2 of that Article must be taken into account ; introduce transitional measures by phases and stages respectively ; whereas, in particular as regards the arrange­ Whereas the situation with regard to international trade or ments applicable to exports to Spain from the Commu­ nity as constituted at 31 December 1985, Article 141 the specific requirements of certain markets may make it necessary to vary the refund for a given product according provides that, during the first phase, the Community is not in principle to grant export refunds ; whereas, to the destination of that product ; 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. 1 . (3) OJ No L 318, 18 . 12. 1969, p. 17. («) OJ No L 317, 12. 12. 1979, p. 1 . (4) OJ No L 266, 25. 11 . 1972, p. 7. n OJ No L 364, 23. 12. 1986, p. 13.

No L 82/34 Official Journal of the European Communities 26. 3 . 87

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 exports of force before its accession for such trade, including any sweet oranges, mandarin oranges, lemons, open ground export aid or subsidies ; whereas, under those circum­ table grapes, walnuts in shell, shelled hazelnuts and stances, refunds for such exports should not be provided apples as set out in the Annex hereto. for in this Regulation ;

Whereas the measures provided for in this Regulation are Article 2 in accordance with the opinion of the Management Committee for Fruit and Vegetables, This Regulation shall enter into force on 27 March 1987.

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

Done at 25 March 1987 .

For the Commission Frans ANDRIESSEN Vice-President

26 . 3 . 87 Official Journal of the European Communities No L 82/35

ANNEX

to the Commission Regulation of 25 March 1987 fixing the export refunds on fruit and vegetables

(ECU kg net) CCT heading Description Refund 0 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 variety Valencia late ('Extra' Class, Class I and Class II) to : — Countries or States with a planned economy in central or eastern Europe and Yugoslavia 17,00 — Other destinations 12,00 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 ex 08.02 B II Fresh mandarins CExtra' 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 and Yugoslavia 15,00 — Other destinations 10,00 ex 08.04 A I Table grapes : — Fresh, open ground ('Extra' Class and Class I) 10,50 — 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

(') 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). 0 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.