No L 145/68 Official Journal of the European Communities 29. 6. 95 COMMISSION REGULATION (EC) No 1488/95 of 28 June 1995 on implementing rules for 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 Articles 3 and 4 thereof, Whereas Article 26 (6) of Regulation (EEC) No 1035/72 imposes an export licence requirement for the granting of refunds ; Whereas Commission Regulation (EEC) No 3719/88 (%), as last amended by Regulation (EC) No 1159/95 (%), sets detailed rules for application of the system of import and export licences and advance fixing certificates for agricul- tural products ; Whereas Commission Regulation (EEC) No 3846/87 (), as last amended by Regulation (EC) No 836/95(), establishes an agricultural product nomenclature for export refunds ; Whereas Commission Regulation (EEC) No 3665/87 (%), as last amended by Regulation (EC) No 331/95(°), 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 No L 118, 20. 5. 1972, p. 1. No L 132, 16. 6. 1995, p. 8. No L 349, 31. 12. 1994, p. 10S. No L 331, 2. 12. 1988, p. 1. J No L 119, 30. 5. 1995, p. 4. OJ No L 366, 24. 12. 1987, p. 1. OJ No L 88, 20. 4. 1995, p. 1. %) OJ No L 351, 14. 12. 1987, p. 1. ) OJ No L 38, 18. 2. 1995, p. 1. limits resulting from agreements concluded in accordance with Article 228 of the Treaty; Whereas the Commission must fix the refund rates and maximum quantities eligible for refunds; whereas these amounts and quantities must be fixed per period of allo- cation of export licences ; whereas they may be revised on the basis of economic circumstances ; Whereas, to ensure that quantities for export can be very precisely managed, export licences should require refunds to be fixed in advance ; whereas time should be allowed for consideration before licences are issued and details should be provided concerning the data to be notified to the Commission and the form this notification should take ; Whereas the Member States should designate the authori- ties responsible for issuing the licences; Whereas the issue of licences should also be subject to the lodging of a security ; Whereas, within the tolerance limits, the exported quan- tity in respect of which refunds may be paid may not exceed the quantity applied for in the licence applica- tion ; Whereas, in order to maintain the flexibility which is a characteristic of exports in the fruit and vegetables sector, provision should be made for certain transactions to be eligible for a refund without advance fixing provided that a licence application is submitted a posteriors; Whereas the Member States should regularly forward certain information on licence applications to the Commission ; Whereas Commission Regulation (EEC) No 497/70 of 17 March 1970 on rules for the application of export refunds on fruit and vegetables ('°), as last amended by Regulation (EEC) No 2075/85 (*"), should be repealed and certain of its provisions taken over into this Regulation; Whereas action must be taken to ensure that exported products on which refunds are granted meet the relevant common quality standards and any national rules on the quality of fruit and vegetables exported to third countries ; () OJ No L 62, 18. 3. 1970, p. 15. (") OJ No L 196, 26. 7. 1985, p. 25.