{
  "url": "https://openlegislation.uk/eu-regulation-2001-1961/introduction",
  "json_url": "https://openlegislation.uk/eu-regulation-2001-1961/introduction.json",
  "legislation": "eur/2001/1961",
  "legislation_title": "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",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2001-1961",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Regulation (EC) No 1961/2001\nof 8 October 2001\nlaying down detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Community,\nHaving regard to Council Regulation (EC) No 2200/96 of28 October 1996 on the common organisation of the market in fruit and vegetables, as last amended by Commission Regulation (EC) No 911/2001, and in particular Article 35(8) and (11) thereof,\nWhereas:\n(1)\nVarious 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 In the interests of clarity and rationalisation, therefore, the text should be recast and Regulation (EC) No 2190/96 repealed.\n(2)\nArticle 35(6) of Regulation (EC) No 2200/96 requires the presentation of an export licence for the grant of any refund.\n(3)\nCommission Regulation (EC) No 1291/2000 lays down common detailed rules for applying the system of import and export licences and advance-fixing certificates for agricultural products.\n(4)\nCommission Regulation (EEC) No 3846/87, as last amended by Regulation (EC) No 1502/2001, establishes an agricultural product nomenclature for export refunds.\n(5)\nCommission 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 must be supplemented by specific rules relating to fruit and vegetables.\n(6)\nUnder 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.\n(7)\nThe 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.\n(8)\nTo ensure that quantities for export are precisely administered, time should be allowed for reflection before licences are issued.\n(9)\nThe Member States should designate the bodies responsible for issuing licences.\n(10)\nTo ensure that the arrangements are properly applied, a variety of systems should exist for granting refunds and these should include invitations to tender.\n(11)\nLicences with advance fixing of the refund should be issued subject to the lodging of a security.\n(12)\nIn order to ensure that the arrangements function properly and to prevent speculation, licences should not be transferable.\n(13)\nArticle 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 indicate 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.\n(14)\nThe date of issue of licences should be defined by reference to Regulation (EC) No 1291/2000.\n(15)\nIn order to maintain the flexibility which is characteristic of exports of perishable products such as fruit and vegetables, certain transactions should be eligible for a refund without advance fixing provided that a licence application is submitted a posteriori.\n(16)\nIn order to prevent significant overruns of indicative quantities in the case of licences without advance fixing of the refund, the Commission should be able to reject licence applications relating to an export date later than a given date.\n(17)\nThe destination or group of destinations should be made compulsory.\n(18)\nThe Member States should regularly forward certain information on licence applications to the Commission by electronic mail.\n(19)\nSteps should be taken to ensure that exported products on which refunds are granted meet the relevant common marketing standards and any national rules on the quality of fruit and vegetables exported to third countries. This requirement must apply without exception to all supplies for ships and aircraft treated as exports from the Community. Accordingly, the derogations provided for in the second subparagraph of Article 6(5) of Regulation (EC) No 2190/96 should not be incorporated in this Regulation.\n(20)\nThe exported quantity conferring entitlement to a refund may not exceed the quantity for which the licence has been issued.\n(21)\nThe measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,\nHAS ADOPTED THIS REGULATION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 297, 21.11.1996, p. 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 129, 11.5.2001, p. 3."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 292, 15.11.1996, p. 12."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ L 34, 9.2.2000, p. 16."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ L 152, 24.6.2000, p. 1."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ L 366, 24.12.1987, p. 1."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "OJ L 199, 24.7.2001, p. 13."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "OJ L 102, 17.4.1999, p. 11."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "OJ L 14, 18.1.2001, p. 22."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2001/1961/introduction",
    "retrieved_at": "2026-11-01T14:56:46.548739+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}