31992R2831

30 . 9 . 92 Official Journal of the European Communities No L 285/23

COMMISSION REGULATION (EEC) No 2831/92 of 29 September 1992 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, view of exportation ; whereas, when prices in international trade are being determined, account should be taken of the prices referred to in paragraph 2 of the said Article ;

Having regard to the Treaty establishing the European Economic Community, Whereas when the application of the rules referred to above results in an amount of refund which for products listed in Article 1 (1 ) (b) of Regulation (EEC) No 426/86 is Having regard to Council Regulation (EEC) No 426/86 of supposed to be lower than the refund for the added sugars 24 February 1986 on the common organization of the pursuant to Article 1 1 of the same Regulation, no refund should be fixed ; whereas, in such cases, the refunds for market in products processed from fruit and vegetables ('), as last amended by Regulation (EEC) No 1 569/92 (2), and added sugars should apply ; in particular Article 12 (2) and (5) thereof,

Whereas the nonfixing of refunds for peeled tomatoes to be exported to the USA entails the application of the Whereas, pursuant to Article 12 ( 1 ) of Regulation (EEC) provisions of Article 16 of Commission Regulation (EEC) No 426/86, to the extent necessary to enable the products No 3665/87 of 27 November 1987 laying down common referred to in Article 1 ( 1 ) (a) of the said Regulation to be detailed rules for the application of the system of export exported in economically significant quantities on the refunds on agricultural products (4), as last amended by basis of prices for those products on the world market, the Regulation (EEC) No 1 525/92 (0 ; difference between those prices and prices within the Community may be covered by an export refund ; whereas Article 12 (3) of Regulation (EEC) No 426/86 provides that in cases where the refund for sugars incor­ Whereas Council Regulation (EEC) No 1432/92 (6), as porated in the products listed in Article 1 ( 1 ) (b) of the amended by Regulation (EEC) No 201 5/92 Q, prohibits Regulation is not sufficient to permit export of the trade between the Community and the Republics of products, the refund fixed pursuant to Article 12 ( 1 ) shall Serbia and Montenegro ; whereas this prohibition does apply for such exports ; not apply to certain situations as given in the limitative enumeration laid down in Articles 2 and 3 ; whereas this should be taken into account when refunds are fixed :

Whereas, pursuant to Article 2 of Council Regulation (EEC) No 519/77 of 14 March 1977 laying down general rules for granting export refunds on products processed Whereas application of the abovementioned rules and from fruit and vegetables and criteria for fixing the criteria to the current market situation, and in particular amount of such refunds (3), account should be taken, to the prices of products processed from fruit and vege­ when refunds are being fixed, of the existing situation and tables on the Community market and in international future trends with regard to, on the one hand, prices and trade entails fixing an appropriate refund ; availabilities on the Community market of products processed from fruit and vegetables and, on the other hand, prices ruling in international trade ; whereas account should also be taken of the costs referred to in Whereas it is appropriate on account of the characteristics of the market in dried grapes, particularly as regards the subparagraph (b) of the said Article and of the economic traditional periods for fixing commercial contracts not to aspect of the proposed exports ; fix a refund for these products ;

Whereas, in accordance with Article 3 of Regulation Whereas the measures provided for in this Regulation are (EEC) No 519/77, account should be taken, when prices in accordance with the opinion of the Management on the Community market are being determined, of the Committee for Fruit and Vegetables, ruling prices which are most favourable from the point of (<) OJ No L 351 , 14. 12. 1987, p. 1 . (■) OJ No L 49, 27. 2. 1986, p. 1 . O OJ No L 160, 13 . 6. 1992, p. 1 . 0 OJ No L 166, 20 . 6. 1992, p. 5. («) OJ No L 151 , 3. 6. 1992, p. 4. P) OJ No L 73, 21 . 3 . 1977, p. 24. 0 OJ No L 205, 22. 7. 1992, p. 2.

No L 285/24 30 . 9 . 92 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : of America shall be taken into consideration for the application of Article 16 of Regulation (EEC) No 3665/87. 3 . Where no refund is fixed for a product listed in Article 1 Annex, that product may, where applicable, benefit from any export refund applicable to added sugars pursuant to Article 11 of Regulation (EEC) No 426/86. 1 . The export refunds referred to in Article 12 of Regu­ lation (EEC) No 426/86 shall be as set out in Annex Article 2 hereto. This Regulation shall enter into force on 1 October 1992. 2. The non-fixing of a refund rate for peeled tomatoes, It shall apply until 15 December 1992 for products falling as defined in Annex, to be exported to the United States within codes 0806 20 12 000 and 0806 20 92 000 .

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

Done at Brussels, 29 September 1992.

For the Commission Ray MAC SHARRY Member of the Commission

30 . 9 . 92 Official Journal of the European Communities No L 285/25

ANNEX

to the Commission Regulation of 29 September 1992 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) Destination Product code Refund (2) (J) of the exports (')

0806 20 12 000 03 35,00 0806 20 92 000 03 35,00 0812 10 00 100 01 13,30 200210 10 100 02 15,00 2006 00 31 000 01 30,22 2006 00 90 100 01 30,22 2008 19 10 100 21,80 2008 19 90 100 21,80 2009 11 99 110 2,10 2009 19 99 110 2,10 2009 11 99 120 4,20 2009 19 99 120 4,20 2009 11 99 130 6,30 2009 19 99 130 6,30 2009 11 99 140 8,40 2009 19 99 140 8,40 2009 11 99 150 10,50 2009 19 99 150 10,50

(') For the following destinations : 01 All destinations except North America ; 02 All destinations except the United States of America ; 03 All destinations except the United States of America, Turkey, South Africa, Australia, Iran and Afghanistan. (2) Amounts shown shall apply to products obtained from fruit harvested within the Community. (3) Refunds for exports to the Republics of Serbia and Montenegro may only be granted for humanitarian aid supplied by charitable organizations fulfilling the conditions laid down in Article 2 (a) and Article 3 of Council Regulation (EEC) No 1432/92.