31987R2767

No L 266/ 14 Official Journal of the European Communities 17. 9 . 87

COMMISSION REGULATION (EEC) No 2767/87 of 16 September 1987 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 the refund applicable to exports of tomatoes to Sweden should be reduced during the period 1 July to 30 September 1987 pursuant to the undertakings entered Having regard to the Act of Accession of Spain and into with that country under the 1980 agreement H ; Portugal,

Whereas tomatoes, sweet fresh oranges, fresh lemons, Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the apples and peaches of the common quality standards 'Extra' Class, Class I and Class II, 'Extra' Class and Class I market in fruit and vegetables ('), as last amended by table grapes, almonds and hazelnuts, and unshelled Regulation (EEC) No 2275/87 (2), and in particular Article walnuts may at present be exported in economically 30 (4) thereof, significant quantities ;

Having regard to the opinion of the Monetary Committee, Whereas, if the refund system is to operate normally, refunds should be calculated on the following basis : Whereas Article 30 of Regulation (EEC) No 1035/72 provides that, to the extent necessary to allow econom­ ically significant quantities to be exported, the difference in the case of currencies which are maintained in rela­ between prices in international trade for the products tion to each other at any given moment within a band referred to in that Article and prices for the products of 2,25 % , a rate of exchange based on their central within the Community may be covered by an export rate, multiplied by the coefficient provided for in the refund : last indent of Article 3 ( 1 ) of Council Regulation (EEC) No 1676/85 (*), as amended by Regulation (EEC) No 1636/87 0 ; Whereas Article 2 of Council Regulation (EEC) No 2518/69 of 9 December 1969 laying down general rules for other currencies, an exchange rate based on the for the granting of refunds on exports of fruit and vegeta­ arithmetic mean of the spot market rates of each of bles and criteria for fixing their amounts (3), as amended these currencies recorded over a given period in rela­ by Regulation (EEC) No 2455/72 (4), provides that when tion to the Community currencies referred to in the refunds are being fixed, account must be taken of the previous indent, and the aforesaid coefficient ; existing situation and future trends with regard to prices and availabilities of fruit and vegetables on the Commu­ nity market on the one hand and prices in international Whereas it follows from applying these detailed rules to trade on the other ; whereas account must also be taken of the present market situation and to its future trends, and the costs indicated in (b) of that Article and of the in particular to quotations and prices for fruit and vegeta­ economic aspects of the proposed exports ; bles in the Community and in international trade that the refunds should be as set out in the Annex hereto ;

Whereas, pursuant to Article 3 of Regulation (EEC) No 2518/69, when prices on the Community market are Whereas the obligations under Article 10 (1 ) (b) of being determined account must be taken of the prices Commission Regulation (EEC) No 2730/79 of 29 which are most favourable from the exportation point of November 1979 laying down common detailed rules for view ; whereas, when prices in international trade are the application of the system of export refunds on agri­ being determined, the quotations and prices referred to in cultural products (8), last amended by Regulation (EEC) paragraph 2 of that Article must be taken into account ; No 1 1 80/87 (9), 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 the situation with regard to international trade or may be applied ; the specific requirements of certain markets may make it

0 OJ No L 194, 28 . 7. 1980, p. 12. (') OJ No L 118 , 20 . 5 . 1972, p. 1 . M OJ No L 164, 24. 6. 1985, p. 1 . (2) OJ No L 209, 31 . 7. 1987, p. 4. 0 OJ No L 153, 13 . 6. 1987, p. 1 . (3) OJ No L 318, 18 . 12. 1969, p . 17. H No L 317, 12. 12. 1979, p. 1 . (4) OJ No L 266, 25. 11 . 1972, p. 7. (9) OJ No L 113, 30. 4. 1987, p. 27.

17. 9 . 87 Official Journal of the European Communities No L 266/ 15

Whereas, for Spain and Portugal, the Act of Accession Whereas the measures provided for in this Regulation are introduce transitional measures by phases and stages in accordance with the opinion of the Management respectively ; whereas, in particular as regards the arrange­ Committee for Fruit and Vegetables, 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 HAS ADOPTED THIS REGULATION : not in principle to grant export refunds ; whereas, pursuant to Article 146, the Kingdom of Spain is to be a Article 1 authorized to maintain, during the first phase, for exports to third countries, the arrangements in force before its 1 . The export refunds on fruit and vegetables shall be accession for such trade, including any export aid or as set out in the Annex hereto. subsidies ; whereas Article 275 provides for a special procedure for the grant of refunds on exports to Portugal 2. The provisions of Articles 10 (l)(b) and 23 (l)(c) of from the Community as constituted at 31 December Regulation (EEC) No 2730/79 shall apply to exports of 1985 ; whereas, pursuant to Article 283, the Portuguese sweet oranges, lemons, walnuts in shell, shelled hazelnuts Republic is to be authorized to maintain, during the first and apples as set out in the Annex hereto. stage, for exports to third countries, the arrangements in force before its accession for such trade, including any Article 2 export aid or subsidies ; whereas, under those circum­ stances, refunds for such exports should not be provided This Regulation shall enter into force on 17 September for in this Regulation ; 1987 .

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

Done at Brussels, 16 September 1987.

For the Commission Frans ANDRIESSEN Vice-President

No L 266/ 16 Official Journal of the European Communities 17 . 9 . 87

ANNEX

to the Commission Regulation of 16 September 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 (3)

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 and Ovale calabrese ('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 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 (' Extra' Class and Class I) 4,84

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 — Hong Kong, Singapore, Malaysia, Indonesia, Thailand and Taiwan 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

17 . 9 . 87 Official Journal of the European Communities No L 266/ 17

(ECU kg net)

CCT heading Description Refund (*) No

ex 08.07 B Peaches (excluding nectarines) in ' Extra' Class, Class I and Class II for export to all destinations excluding 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 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 . (3) For exports to Sweden in the period 1 July to 30 September 1987, the refund is reduced to 0,81 ECU/ 100 kg.