29. 6. 95 Official Journal of the European Communities No L 145/75 COMMISSION REGULATION (EC) No 1489/95 of 28 June 1995 setting 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 (3, 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 (°), and in par- ticular Article 3 thereof, Whereas Commission Regulation (EC) No 1488/95 (%) sets implementing rules for export refunds on fruit and veget- ables ; Whereas Article 26 (1) of Regulation (EEC) No 1035/72 states that, to the extent necessary to permit economically significant exportation, the difference between prices in international trade of the products listed in that Article and their prices in the Community may be covered by export refunds; Whereas Article 26 (4) of Regulation (EEC) No 1035/72 states that refunds must be fixed with regard to the exis- ting situation and outlook for fruit and vegetable prices on the Community market and supply availability, on the one hand, and prices in international trade on the other hand ; whereas account must also be taken of the costs indicated at (b) in that paragraph and of the economic aspect of the envisaged exports; Whereas refunds are, pursuant to Article 26 (1) of Regula- tion (EEC) No 1035/72, to be set with due regard to the limits resulting from agreements concluded in accordance with Article 228 of the Treaty; Whereas Article 26 (5) of Regulation (EEC) No 1035/72 states that prices on the Community market are to be determined taking account of those most favourable from the exportation standpoint; whereas international trade () OJ No L 118, 20. 5. 1972, p. 1. () OJ No L 132, 16. 6. 1995, p. 8. () OJ No L 349, 31. 12. 1994, p. 105. (*) See page 68 of this Official Journal. prices are to be determined account taken of the prices indicated in the second subparagraph of that paragraph ; Whereas the international trade situation or the special requirements of certain markets may make it necessary to vary the refund on a given product depending on the destination of that product; Whereas economically significant exports can be made at the present time of tomatoes, lemons, oranges, apples, peaches and nectarines of classes ‘extra’, I and II of the common quality standards, table grapes of classes ‘extra’ and I, shelled almonds, hazelnuts and walnuts in shell ; Whereas Council Regulation (EEC) No 990/93 (%) prohi- bits trade between the European Economic Community and the Federal Republic of Yugoslavia (Serbia and Montenegro) ; whereas this prohibition does not apply in certain situations, all of which are specified in Articles 2, 4, 5 and 7 thereof ; whereas account should be taken of these in setting refunds; 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 in third country currencies and are the basis for determining the agricultural conversion rates of the Member States’ currencies ; whereas rules for deter- mining and applying these conversion rates were set by Commission Regulation (EEC) No 1068/93 (%), as last amended by Regulation (EC) No 1053/95(); Whereas application of the rules mentioned above to the present and forecast market situation, in particular to fruit and vegetable prices in the Community and in interna- tional trade, leads to the refund rates set in the Annexes hereto ; Whereas, pursuant to Article 26 (2) of Regulation (EEC) No 1035/72, the most efficient possible use should be made of the resources available without creating discrim- ination between traders ; whereas, therefore, care should be taken not to disturb the trade flows previously induced by the refund arrangements; whereas, for these reasons and because of the seasonal nature of exports of fruit and vegetables, quotas should be fixed for each product; () OJ No L 102, 28. 4. 1993, p. 14. (9 OJ No L 387, 31. 12. 1992, p. 1. () O] No L 22, 31. 1. 1995, p. 1. () OJ No L 108, 1. 5. 1993, p. 106. ¢) O] No L 107, 12. 5. 1995, p. 4.