31987R0965

3 . 4. 87 Official Journal of the European Communities No L 91 /9

COMMISSION REGULATION (EEC) No 965/87 of 2 April 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 the export refunds for, these products were last fixed by Commission Regulation (EEC) No 444/87 (4) ; Having regard to the Treaty establishing the European Whereas pursuant to Articles 87 and 255 of the Act of Economic Community, Accession account shall be taken of the difference in prices recorded or economically justified when fixing the Having regard to the Act of Accession of Spain and level of various amounts within the common agricultural Portugal, policy ; whereas existing differences in prices of the raw material used in the processing of the products to be exported lead to the result that specific refunds should be Having regard to Council Regulation (EEC) No 426/86 of fixed for products obtained from raw material originating 24 February 1986 on the common organization of the in Spain and Portugal ; market in products from fruit and vegetables ('), amended by Regulation (EEC) No 1838/86 (2), and in particular Whereas when the application of the rules referred to Article 12 (2) and (5) thereof, above results in an amount of refund which for products 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 1 1 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 HAS ADOPTED THIS REGULATION : rules for granting export refunds on products processed from fruit and vegetables and criteria for fixing the amount of such refunds (3), account should be taken, Article 1 when refunds are being fixed, of the existing situation and future trends with regard to, on the one hand, prices and 1 . The export refunds referred to in Article 12 of Regu­ availabilities on the Community market of products lation (EEC) No 426/86 shall be as set out in the Annex hereto. processed from fruit and vegetables and, on the other hand, of prices ruling in international trade ; whereas account should also be taken of the costs referred to in 2. Where no refund is fixed for a product listed in the subparagraph (b) of the said Article and of the economic Annex, that product may, where applicable, benefit from any export refund applicable to added sugars pursuant to aspect of the proposed exports ; Article 11 of Regulation (EEC) No 426/86.

Whereas, in accordance with Article 3 of Regulation Article 2 (EEC) No 519/77, account should be taken, when prices on the Community market are being determined, of the ruling prices which are most favourable from the point of Regulation (EEC) No 444/87 is hereby repealed. view of exportation ; whereas, when prices in international trade are being determined, account should be taken of Article 3 the prices referred to in paragraph 2 of the said Article ; This Regulation shall enter into force on 15 May 1987. 0 OJ No L 49, 27. 2. 1986, p. 1 . 0 OJ No L 159, 14. 6. 1986, p. 1 . 0 OJ No L 73, 21 . 3 . 1977, p. 24. 4 OJ No L 43 , 13 . 2. 1987, p. 37.

No L 91 / 10 Official Journal of the European Communities 3 . 4. 87

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

Done at Brussels, 2 April 1987.

For the Commission Frans ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 2 April 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 I (') "0 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 pet weight : — for destinations other than North America 13,30 13,30 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. 0 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.