31994R2738

No L 289/ 12 Official Journal of the European Communities 10 . 11 . 94

COMMISSION REGULATION (EC) No 2738 /94 of 9 November 1994 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, on the Community market are being determined, of the ruling prices which are most favourable from the point of 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 Community,

Whereas when the application of the rules referred to Having regard to Council Regulation (EEC) No 426/86 of above results in an amount of refund which for products 24 February 1986 on the common organization of the listed in Article 1 ( 1 ) (b) of Regulation (EEC) No 426/86 is market in products processed from fruit and vegetables ('), supposed to be lower than the refund for the added sugars as last amended by Regulation (EC) No 1490/94 (2), and in pursuant to Article 1 1 of the same Regulation, no refund particular Article 12 (2) and (5) thereof, should be fixed ; whereas, in such cases, the refunds for added sugars should apply ;

Whereas, pursuant to Article 12 ( 1 ) of Regulation (EEC) No 426/86, to the extent necessary to enable the products Whereas the nonfixing of refunds for peeled tomatoes to referred to in Article 1 ( 1 ) (a) of the said Regulation to be be exported to the USA entails the application of the exported in economically significant quantities on the provisions of Article 16 of Commission Regulation (EEC) basis of prices for those products on the world market, the No 3665/87 of 27 November 1987 laying down common difference between those prices and prices within the detailed rules for the application of the system of export Community may be covered by an export refund ; refunds on agricultural products (4), as last amended by whereas Article 12 (3) of Regulation (EEC) No 426/86 Regulation (EC) No 1829/94 0 ; provides that in cases where the refund for sugars incor­ porated in the products listed in Article 1 ( 1 ) (b) of the Regulation is not sufficient to permit export of the products, the refund fixed pursuant to Article 12 ( 1 ) shall apply for such exports ; Whereas Council Regulation (EEC) No 990/93 (6) prohi­ bits trade between the European Economic Community and the Federal Republik of Yugoslavia (Serbia und Montenegro) ; whereas this prohibition does not apply in Whereas, pursuant to Article 2 of Council Regulation certain situations as comprehensively listed in Articles 2, (EEC) No 519/77 of 14 March 1977 laying down general 4, 5 and 7 thereof ; qhereas account should be taken of rules for granting export refunds on products processed this fact when fixing the refunds ; from fruit and vegetables and criteria for fixing the amount of such refunds (3), account should be taken, when refunds are being fixed, of the existing situation and future trends with regard to, on the one hand, prices and Whereas application of the abovementioned rules and availabilities on the Community market of products criteria to the current market situation, and in particular processed from fruit and vegetables and, on the other to the prices of products processed from fruit and vege­ hand, prices ruling in international trade ; whereas account should also be taken of the costs referred to in tables on the Community market and in international trade entails fixing an appropriate refund ; subparagraph (b) of the said Article and of the economic aspect of the proposed exports ;

Whereas the measures provided for in this Regulation are Whereas, in accordance with Article 3 of Regulation in accordance with the opinion of the Management (EEC) No 519/77, account should be taken, when prices Committee for Fruit and Vegetables,

(') OJ No L 49, 27. 2. 1986, p. 1 . (4) OJ No L 351 , 14. 12. 1987, p. 1 . (2) OJ No L 161 , 29 . 6 . 1994, p. 13 . (5) OJ No L 191 , 27. 7. 1994, p. 5. (3) OJ No L 73 , 21 . 3 . 1977, p. 24. (6) OJ No L 102, 28 . 4. 1993, p. 14.

10 . 11 . 94 Official Journal of the European Communities No L 289/ 13

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 1 2 of Regu­ lation (EEC) No 426/86 shall be as set out in Annex hereto . Article 2 This Regulation shall enter into force on the third day 2. The non-fixing of a refund rate for peeled tomatoes, following its publication in the Official Journal of the as defined in Annex, to be exported to the United States European Communities.

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

Done at Brussels, 9 November 1994.

For the Commission Rene STEICHEN Member of the Commission

No L 289/ 14 Official Journal of the European Communities 10 . 11 . 94

ANNEX

to the Commission Regulation of 9 November 1994 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/1 00 kg net) Destination Product code Refund (2) (3) of the exports (')

0812 10 00 100 01 13,30 2002 10 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 1 1 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. (2) Amounts shown shall apply to products obtained from fruit harvested within the Community. (3) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) may be granted only where the condi­ tions laid down in Regulation (EEC) No 990/93 are observed.