L 66/8 Official Journal of the European Communities 6.3.98 COMMISSION REGULATION (EC) No 520/98 of 5§ March 1998 fixing 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 (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables ('), as amended by Commission Regulation (EC) No 2520/97 (%), and in particular Article 35 (11) thereof, Whereas Commission Regulation (EC) No 2190/96 (%), as last amended by Regulation (EC) No 213/98 (*), lays down detailed rules on export refunds on fruit and veget- ables; Whereas Article 35 (1) of Council Regulation (EC) No 2200/96, provides that, to the extent necessary for economically significant quantities of the products listed in that Article to be exported, the difference between the international market prices for those products and their prices in the Community may be covered by export refunds; Whereas Article 35 (4) of Regulation (EC) No 2200/96 provides that refunds must be fixed in the light of the existing situation or the outlook for fruit and vegetable prices on the Community market and supplies available on the one hand, and prices on the international market on the other hand; whereas account must also be taken of the costs referred to in Article 35 (4) (b) of that Regula- tion and of the economic aspect of the exports planned; Whereas, pursuant to Article 35 (1) of Regulation (EC) No 2200/96, refunds are to be set with due regard to the limits resulting from agreements concluded in accord- ance with Article 228 of the Treaty; Whereas, in accordance with Article 35 (5) of Regulation (EC) No 2200/96, prices on the Community market are to be established in the light of the most favourable prices from the export standpoint; whereas international 297, 21. 11. 1996, p. 1. 346, 17. 12. 1997, p. 41. 292, 15. 11. 1996, p. 12. 22, 29. 1. 1998, p. 8. 0000 S | ol ol ol o trade prices are to be established in the light of the prices referred to in the second subparagraph of that paragraph; Whereas the international trade situation or the special requirements of certain markets may call for the refund on a given product to vary according to its destination; Whereas tomatoes, lemons, oranges and apples of classes Extra, I and II of the common quality standards, shelled almonds, hazelnuts and walnuts in shell can currently be exported in economically significant quantities; Whereas the representative market rates as defined in Article 1 of Council Regulation (EEC) No 3813/92 (%), as last amended by Regulation (EC) No 150/95 (%), are used to convert amounts expressed in currencies of third coun- tries and provide the basis for determining the agricul- tural conversion rates for the Member States’ currencies; whereas rules for determining and applying those conver- sion rates are laid down in Commission Regulation (EEC) No 1068/93 (), as last amended by Regulation (EC) No 1482/96 (%) Whereas the application of the abovementioned rules to the present and forecast market situation, and in partic- ular to fruit and vegetable prices in the Community and international trade, gives the refund rates set out in the Annex hereto; Whereas, pursuant to Article 35 (2) of Regulation (EC) No 2200/96, the resources available should be used as efficiently as possible while avoiding discrimination between traders; whereas, therefore, care should be taken not to disturb the trade flows previously induced by the refund arrangements; whereas, for those reasons and because of the seasonal nature of exports of fruit and vegetables, quotas should be fixed for each product; Whereas Commission Regulation (EEC) No 3846/87 (°), as last amended by Regulation (EC) No 409/98 (1%), estab- lishes an agricultural product nomenclature for export refunds; 387, 31. 12. 1992, p. 1. 22, 31. 1. 1995, p. 1. 108, 1. 5. 1993, p. 106. 188, 27. 7. 1996, p. 22. 366, 24. 12. 1987, p. 1. 55, 25. 2. 1998, p. 1. il