No L 292/12 Official Journal of the European Communities 15. 11. 96 COMMISSION REGULATION (EC) No 2190/96 of 14 November 1996 on detailed rules for implementing Council Regulation (EEC) No 1035/72 as regards export refunds on fruit and vegetables THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Commission Regulation (EC) No 1363/95 (%), and in parti- cular Article 26 (11) thereof, Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (*), as amended by Regulation (EC) No 1193/96(*), and in particular Article 4 thereof, Whereas various aspects of Commission Regulation (EC) No 1488/95 of 28 June 1995 on implementing rules for export refunds on fruit and vegetables (%), as last amended by Regulation (EC) No 2702/95 (%), should be amended in order to improve the system of export refunds on fruit and vegetables, and to ensure its transparency; whereas, in the interests of clarity and rationalization, it is appropriate to use the new amendments as an opportunity to recast the text and repeal the aforesaid Regulation (EC) No 1488/95; Whereas Article 26 (6) of Regulation (EEC) No 1035/72 requires the presentation of an export licence for the grant of any refund; Whereas Commission Regulation (EEC) No 3719/88 (), as last amended by Regulation (EC) No 2137/95 (¥), sets out detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products; () OJ No L 118, 20. 5. 1972, p. 1. () OJ No L 132, 16. 6. 1995, p. 8. () O] No L 349, 31. 12. 1994, p. 105. () O] No L 161, 29. 6. 1996, p. 1. () OJ No L 145, 29. 6. 1995, p. 68. () OJ No L 280, 23. 11. 1995, p. 30. () OJ No L 331, 2. 12. 1988, p. 1. () OJ No L 214, 8. 9. 1995, p. 2I. Whereas Commission Regulation (EEC) No 3846/87 (%), as last amended by Regulation (EC) No 2123/96 ('), establishes an agricultural product nomenclature for export refunds; Whereas Commission Regulation (EEC) No 3665/87 ('), as last amended by Regulation (EC) No 1384/95 (', lays down common detailed rules for the application of the system of export refunds on agricultural products; whereas these detailed rules must be supplemented by specific rules relating to fruit and vegetables; Whereas, pursuant to Article 26 (1) of Regulation (EEC) No 1035/72, refunds are to be set with due regard to the limits resulting from agreements concluded in accordance with Article 228 of the Treaty; Whereas the Commission is required to fix the refund rates and the maximum quantities eligible for refunds; whereas those amounts and quantities must be fixed per period of allocation of export licences; whereas they may be revised in the light of economic circumstances; Whereas, to ensure that quantities for export are adminis- tered in a proper manner, time should be allowed for consideration before licences are issued; Whereas the Member States should designate the author- ities responsible for issuing licences; Whereas, in the interests of a proper implementation of the scheme, provision should be made for a variety of systems for the grant of refunds; Whereas the issue of licences with advance fixingr of the refund should be subject also to the lodging of a security; Whereas, to ensure the smooth operation of the system and to exclude speculators, licences should be non-trans- ferable; Whereas Article 26 (4) of Regulation (EEC) No 1035/72 provides, inter alia, for refunds to be fixed in accordance with the economic aspect of proposed exports; whereas, to that end, provision should be made for new arrangements for the issue of licences with advance fixing of the refund; %) O] No L 366, 24. 12. 1987, p. 1. ) OJ No L 284, 6. 11. 1996, p. 2. ) O] No L 351, 14. 12. 1987, p. 1. ) O] No L 134, 20. 6. 1995, p. 14.