31987R3152

23 . 10 . 87 Official Journal of the European Communities No L 300/ 19

COMMISSION REGULATION ( EEC) No 3152/ 87 of 22 October 1987 fixing the export refunds on fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES , Whereas the situation with regard to international trade or the specific requirements of certain markets may make it necessary to vary the refund for a given product according Having regard to the Treaty establishing the European to the destination of that product ; -, Economic Community,

Whereas tomatoes, sweet fresh oranges, fresh mandarins, Having regard to the Act of Accession of Spain and fresh lemons and apples of the common quality standards Portugal, 'Extra' Class, Class I and Class II, ' Extra' Class and Class I table grapes, almonds and hazelnuts, and unshelled walnuts may at present be exported in economically Having regard to Council Regulation (EEC) No 1035/72 significant quantities ; ofil8 May 1972 on the common organization of the market in fruit and vegetables Q), as last amended by Regulation (EEC) No 2275/87 (2), and in particular Article 30 (4) thereof, Whereas, if the refund system is to operate normally, refunds should be calculated on the following basis :

Having regard to the opinion of the Monetary Committee, — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Whereas Article 30 of Regulation (EEC) No 1035/72 of 2,25 % , a rate of exchange based on their central provides that, to the extent necessary to allow econom­ rate, multiplied by the coefficient provided for in the ically significant quantities to be exported, the difference last indent of Article 3 ( 1 ) of Council Regulation between prices in international trade for the products (EEC) No 1676/85 0, as last amended by Regulation referred to in that Article and prices for the products (EEC) No 1636/ 87. («); within the Community may be covered by an export refund ; — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of these currencies recorded over a given period in rela­ tion to the Community currencies referred to in the Whereas Article 2 of Council Regulation (EEC) No previous indent, and the aforesaid coefficient ; 2518 / 69 of 9 December 1969 laying down general rules for the granting of refunds on exports of fruit and vegeta­ bles and criteria for fixing their amounts (3), as amended by Regulation (EEC) No 2455/72 (4), provides that when Whereas it follows from applying these detailed rules to refunds are being fixed, account must be taken of the the present market situation and to its future trends, and existing situation and future trends with regard to prices in particular to quotations and prices for fruit and vegeta­ and availabilities of fruit and vegetables on the Commu­ bles in the Community and in international trade that the nity market on the one hand and prices in international refunds should be as set out in the Annex hereto : trade on the other ; whereas account must also be taken of the costs indicated in (b) of that Article and of the economic aspects of the proposed exports ; Whereas the obligations under Article 10 ( 1 ) (b) of Commission Regulation (EEC) No 2730/79 of 29 Whereas, pursuant to Article 3 of Regulation (EEC) No November 1979 laying down common detailed rules for 2518/69, when prices on the Community market are the application of the system of export refunds on agri­ being determined account must be taken of the prices cultural products Q, amended by Regulation (EEC) No which are most favourable from the exportation point of 1180 / 87 (8) may be relaxed in the case of exports to non­ view ; whereas, when prices in international trade are member countries outside Europe ; whereas, in such a being determined, the quotations and prices referred to in case, Article 23 ( l).(c) of Regulation (EEC) No 2730/79 paragraph 2 of that Article must be taken into account ; may be applied

(») OJ No L 118 , 20 . 5 . 1972, p. 1 . 0 OJ No L 164, 24. 6 . 1985, p. 1 . (2) OJ No L 209, 31 . 7 . 1987, p. 4. («) OJ No L 153, 13 . 6. 1987, p. 1 . (3) OJ No L 318 , 18 . 12. 1969, p. 17. f) OJ No L 317, 12. 12. 1979, p. 1 . (4) OJ No L 266, 25 . 11 . 1972, p. 7 . (*) OJ No L 113 , 30 . 4. 1987, p. 27.

No L 300/ 20 Official Journal of the European Communities 23 . 10 . 87

Whereas, for Spain and Portugal, the Act of Accession HAS ADOPTED THIS REGULATION : introduce transitional measures by phases and stages respectively ; whereas, in particular as regards the arrange­ ments applicable to exports to Spain from the Commu­ nity as constituted at 31 December 1985, Article 141 Article 1 provides that, during the first phase, the Community is not in principle to grant - export refunds ; whereas, pursuant to Article 146, the Kingdom of Spain is to be a 1 . The export refunds - on fruit and vegetables shall be . authorized to maintain, during the first phase, for exports as set out in the Annex hereto . to third countries, the arrangements in force before its accession for such trade, including any export aid or subsidies ; whereas Article 275 provides for a special 2. The provisions of Articles 10 ( l)(b) and 23 ( l)(c) of procedure for the grant of refunds on exports to Portugal Regulation (EEC) No 2730 /79 shall apply to exports of from the Community as constituted at 31 December sweet oranges, mandarins , lemons, table grapes, walnuts in 1985 ; whereas, pursuant to Article 283 , the Portuguese shell, shelled hazelnuts and apples as set out in the Annex Republic is to be authorized to maintain, during the first hereto . stage, for exports to third countries, the arrangements in force before its accession for such trade, including any export aid or subsidies ; whereas, under those circum­ stances, refunds for such exports should not be provided Article 2 for in this Regulation ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management This Regulation shall enter into force on 23 October Committee for Fruit and Vegetables, 1987 .

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

Done at Brussels, 22 October 1987. For the Commission Frans ANDRIESSEN Vice-President

23 . 10 . 87 Official Journal of the European Communities No L 300 /21

ANNEX

to the Commission Regulation of 22 October 1987 fixing the export refunds on fruit and vegetables

(ECU/100 kg net)

CCT heading Description Refund (2) 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 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 B II Fresh -mandarins (' Extra' 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 (' Extra' Class and Class I) 10,50

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

No L 300/22 Official Journal of the European Communities 23 . 10 . 87

(') 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). (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.