31988R1814

29 . 6 . 88 Official Journal of the European Communities No L 162/ 11

COMMISSION REGULATION (EEC) No 1814/88 of 28 June 1988 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 Having regard to the Act of Accession of Spain and September pursuant to the undertakings entered into with Portugal, that country under the 1980 agreement (*) ;

Having regard to Council Regulation (EEC) No 1035/72 Whereas tomatoes, fresh lemons, apples and peaches of of 18 May 1972 on the common organization of the the common quality standards 'Extra' Class, Class I and market in fruit and vegetables ('), as last amended by Class II, 'Extra' Class and Class I table grapes, almonds Regulation (EEC) No 1117/88 (2), and in particular Article and hazelnuts, and unshelled walnuts may at present be 30 (4) thereof, exported in economically 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 — in the case of currencies which are maintained in rela­ ically significant quantities to be exported, the difference between prices in international trade for the products tion to each other at any given moment within a band of 2,25 % , a rate of exchange based on their central referred to in that Article and prices for the products rate, multiplied by the coefficient provided for in the within the Community may be covered by an export refund ; last indent of Article 3 (1 ) of Council Regulation (EEC) No 1 676/85 (*), as last amended by Regulation (EEC) No 1636/87 0 ; Whereas Article 2 of Cpuncil Regulation (EEC) No — for other currencies, an exchange rate based on the 2518/69 of 9 December 1969 laying down general rules arithmetic mean of the spot market rates of each of for the granting of refunds on exports of fruit and vegeta­ these currencies recorded over a given period in rela­ bles and criteria for fixing their amounts (3), as amended tion to the Community currencies referred to in the by Regulation (EEC) No 2455/72 (% provides that when previous indent, and the aforesaid coefficient ; 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 it follows from applying these detailed rules to nity market on the one hand and prices in international 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 bles in the Community and in international trade that the economic aspects of the proposed exports ; 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, tfhen 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), amended by Regulation (EEC) No paragraph 2 of that Article must be taken into account ; 1180/87 0 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 . («) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 107, 28. 4. 1988, p. 1 . 0 OJ No L 153, 13. 6. - 1987, 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. 0 OJ No L 113, 30. 4. 1987, p. 27.

No L 162/ 12 Official Journal of the European Communities 29 . 6 . 88

HAS ADOPTED THIS REGULATION : Whereas, for Spain and Portugal, the Act of Accession 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 authorized to maintain, during the first phase, for exports 1 . The export refunds on fruit and vegetables shall be to third countries, the arrangements in force before its as set out in the Annex hereto. accession for such trade, including any export aid or 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 lemons, walnuts in shell, shelled hazelnuts and apples as Republic is to be authorized to maintain, during the first set out in the Annex 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 for in this Regulation ; Article 2 Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables, This Regulation shall enter into force on 1 July 1988 .

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

Done at Brussels, 28 June 1988 . For the Commission Frans ANDRIESSEN Vice-President

29 .. 6. 88 No L 162/ 13 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 28 June 1988 fixing the export refunds on fruit and vege­ tables

(ECU/100 kg net) Product code Destination of refund (') Amount of refund (2)

0702 00 10 100 4,50 (3) 0702 00 10 900 — — 0702 00 90 100 \ 4,50 0

— I 0702 00 90 900 0802 12 90 000 9,67 0802 21 00 000 7,50 \

0802 22 00 000 14,51 I

0802 31 00 000 14,00 I

0805 20 50 100 — — 0805 20 50 900 — — 0805 30 10 100 01 15,00 09 10,00 , 0805 30 10 900 — — 0806 10 11 100 4,84 ||

0806 10 11 300 4,84 , I

0806 10 11 900 — — 0806 10 15 100 4,84 0806 10 15 300 4,84 0806 10 15 900 — — 0806 10 19 100 4,84 I

0806 10 19 300 4,84 0806 10 19 900 — — 0808 10 91 100 — — 0808 10 91 910 02 12,00 03 4,00 l 0808 10 91 990 — — 0808 10 93 100 — — 0808 10 93 910 02 12,00 03 4,00 0808 10 93 990 — — 0808 10 99 100 — — 0808 10 99 910 02 12,00 \ 03 4,00 0808 10 99 990 — . — 0809 30 00 110 04 5,00 0809 30 00 190 — — 0809 30 00 900 — —

No L 162/ 14 Official Journal of the European Communities 29 . 6 . 88

Notes : (') The destinations are as follows : 01 Countries or States with a planned economy in central or eastern Europe and Yugoslavia, 02 Botswana, Lesotho, Swaziland, Zambia, Malawi, Mozambique, Tanzania, Kenya, Rwanda, Burundi, Uganda, Somalia, Madagascar, Comoros, Mauritius, Sudan, Ethiopia, Djibouti, the countries of the Arabian peninsu­ la including the territories attached thereto (Saudi Arabia, Bahrain, Qatar, Kuwait, Oman, United Arab Emirates (Abu Dhabi, Dubai, Sharjah, Ajman, Umm al Qaiwain, Fujairah and Ras al Khaimah), Yemen Arab Republic and People's Democratic Republic of Yemen), Iran, Iraq and Jordan, 03 Countries and territories of Africa other than those mentioned above and South Africa, Syria, countries with a planned economy in central or eastern Europe, Yugoslavia, Bolivia, Brazil, Venezuela, Peru, Panama, Ecuador, Colombia, Iceland, Norway, Sweden, Austria, the Faroe Islands, Finland and Greenland, 04 All destinations excluding Switzerland and Austria, 09 Other destinations. (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 . (3) For exports to Sweden in the period 1 July to 30 September 1988, the refund is reduced to 0,81 ECU/ 100 kg.