L 268/8 Official Journal of the European Communities 9.10.2001 COMMISSION REGULATION (EC) No 1961/2001 of 8 October 2001 laying down detailed rules for implementing Council Regulation (EC) No 2200/96 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 (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables ('), as last amended by Commission Regu- lation (EC) No 911/2001 (%), and in particular Article 35(8) and (11) thereof, Whereas: (1)  Various aspects of Commission Regulation (EC) No 2190/96 of 14 November 1996 on detailed rules for implementing Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables (}), as last amended by Regulation (EC) No 298/2000 (*), should be amended in order to improve the system of export refunds on fruit and vegetables. In the interests of clarity and rationalisation, therefore, the text should be recast and Regulation (EC) No 2190/96 repealed. (2)  Article 35(6) of Regulation (EC) No 2200/96 requires the presentation of an export licence for the grant of any refund. (3)  Commission Regulation (EC) No 1291/2000 (°) lays down common detailed rules for applying the system of import and export licences and advance-fixing certi- ficates for agricultural products. (4)  Commission Regulation (EEC) No 3846/87 (°), as last amended by Regulation (EC) No 1502/2001 (’), estab- lishes an agricultural product nomenclature for export refunds. (5)  Commission Regulation (EC) No 800/1999 (), as last amended by Regulation (EC) No 90/2001 (%), lays down common detailed rules for applying the system of export refunds for agricultural products. These detailed rules 297, 21.11.1996, p. 1. 129, 11.5.2001, p. 3. 292, 15.11.1996, p. 12. 34, 9.2.2000, p. 16. 152, 24.6.2000, p. 1. 366, 24.12.1987, p. 1. 199, 24.7.2001, p. 13. 102, 17.4.1999, p. 11. 14, 18.1.2001, p. 22. T EC T LLoLeerele sl i al el el el ) (10) (11) (12) (13) must be supplemented by specific rules relating to fruit and vegetables. Under 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 accordance with Article 300 of the Treaty. The Commission is required to fix the refund rates and the maximum quantities eligible for refunds. Those amounts and quantities must be fixed per export-licence application period. They may be revised in the light of economic circumstances. To ensure that quantities for export are precisely admin- istered, time should be allowed for reflection before licences are issued. The Member States should designate the bodies respon- sible for issuing licences. To ensure that the arrangements are properly applied, a variety of systems should exist for granting refunds and these should include invitations to tender. Licences with advance fixing of the refund should be issued subject to the lodging of a security. In order to ensure that the arrangements function prop- erly and to prevent speculation, licences should not be transferable. Article 35(4) of Regulation (EC) No 2200/96 provides, inter alia, for refunds to be fixed in accordance with the economic aspect of proposed exports. To that end, provision should be made for a system whereby refunds are granted by invitation to tender. Before such licences are issued, the Commission should ask tenderers to indi- cate the refund rate at which they wish to export. The Commission can use this information to make an informed decision on economically viable maximum refund rates. In some cases, particularly where the rates offered are too high, the maximum rate must be fixed in accordance with the procedure laid down in Article 46 of Regulation (EC) No 2200/96. The Commission should be allowed, where necessary, to reject all tenders submitted under invitations to tender.