CELEX: 31990R3775
Language: en
Date: 1990-12-19 00:00:00
Title: Commission Regulation (EEC) No 3775/90 of 19 December 1990 laying down transitional measures applicable to trade in certain agricultural products originating in the former German Democratic Republic

No L 364/2                              Official Journal of the European Communities                              28 . 12. 90
                                   COMMISSION REGULATION (EEC) No 3775/90
                                                     of 19 December 1990
                  laying down transitional measures applicable to trade in certain agricultural
                         products originating in the former German Democratic Republic
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       for extension of the period of validity of licences should
                                                                  waive entitlement for the extension period to the monthly
                                                                  export increases provided for in Article 16 (4) of Council
Having regard to the Treaty establishing the European
Economic Community,
                                                                  Regulation (EEC) No 2727/75 (3) as last amended by
                                                                  Regulation (EEC) No 1 340/90 (4) ;
Having regard to Council Regulation (EEC) No 3577/90              Whereas the measures provided for in this Regulation are
of 4 December 1990 on the transitional measures and               in accordance with the opinion of all the relevant
adjustments required in the agricultural sector as a result       Management Committees,
of the integration of the territory of the former German
Democratic Republic into the Community ('), and in
particular Article 3 thereof,
                                                                  HAS ADOPTED THIS REGULATION :
Whereas the Commission adopted interim measures rela­
ting to the export, under specific conditions, of certain
agricultural products originating in the former German
Democratic Republic (2) ;                                                                     Article 1
Whereas, in order to ensure the stability of Community             1 . Germany is hereby authorized to supplement from
agricultural markets, the performance of agreements               national funds the amount of the refund fixed by
concluded by the former German Democratic Republic                Community rules for the export :
with third countries prior to unification should be
guaranteed ; whereas special provisions should also be            — of products for which agreements were concluded by
adopted for all the sectors concerned in order to ensure               the former German Democratic Republic with third
the performance under certain conditions of contracts                  countries before 3 October 1990 in the cereals, milk
concluded between private operators before unification ;               and milk products, beef and veal, pigmeat, eggs and
                                                                       poultrymeat sectors, or
Whereas, to this end, Germany should continue to be               — of agricultural products originating in the former
authorized either to supplement from national funds the                German Democratic Republic on or after 3 October
amount of the export refund for the products concerned                  1990 where a specific refund by the former German
or to pay from national funds an export refund for the                  Democratic Republic was guaranteed to the exporter
products concerned in cases where no Community export                  in writing before 3 October 1990 by the authorities of
refunds exists ;                                                       the former German Democratic Republic ;
Whereas the period during which recourse may be had to            2. Germany is hereby authorized to grant from national
this option must be determined on the basis of the period          funds a refund for the export of sheepmeat and goatmeat
of time that can be foreseen for the implementation of            for which agreements were concluded by the former
agreements concluded by the former German Democratic              German Democratic Republic with third countries before
Republic ;                                                        3 October 1990 and for other exports of those products
                                                                   originating in the former German Democratic Republic
                                                                   provided that the conditions laid down in the second
Whereas, in order to ensure the smooth functioning of             indent of paragraph 1 are fulfilled.
trade, provisions should be adopted concerning the
validity of specific refunds and of licences issued by the
authorities of the former German Democratic Republic               3. Agreements which contain no precise commitments
prior to unification ;                                             as to price or quantity shall not be taken into considera­
                                                                   tion.
Whereas, however, in order to prevent any undue advan­
                                                                   4. Germany may have recourse to the provisions of the
tage from being gained by cereal sector traders applicants
                                                                   second indent of paragraph 1 and to paragraph 2 only for
                                                                   the quantities specified in the agreements in question.
(') OJ No L 353, 17. 12. 1990, p. 23 .
(2) Regulations (EEC) Nos 2762/90, 2764/90, 2768/90, 2769/90,
    2770/90, 2771 /90 and 2772/90 of 27th September 1990, OJ       (3) OJ No L 281 , 1 . 11 . 1975, p. 1 .
    No L 267, 29. 9 . 1990, pp. 3, 9, 15, 17, 19, 21 and 23.       (4) OJ No L 134, 28 . 5 . 1990, p. 1 .
 ---pagebreak--- 28 . 12. 90                           Official Journal of the European Communities                            No L 364/3
                          Article 2                             rities of the former German Democratic Republic for
                                                                products of the sheepmeat, pigmeat, beef and veal and
1 . Export licences without advance fixing of the refund        milk sectors. For cereal sector products, however,
issued by the authorities of the former German Democ­           Germany is authorized to grant such extension only to 31
ratic Republic shall remain valid for use in the territory of   March 1991 and on condition that the holder waives enti­
the Community.                                                  tlement, where the extension period is concerned, to the
Export licences with advance fixing of the refund issued        refund adjustments provided for in Article 1 6 (4) of Regu­
by these authorities shall remain valid for use in Germany      lation (EEC) No 2727/75.
only.
2. Import licences issued by the authorities referred to
in paragraph 1 shall remain valid for imports into the                                  Article J
territory of the former German Democratic Republic.
3. Germany is authorized to extend to 30 June 1991 ,            This Regulation shall enter into force on 1 January 1991 .
on request by the holder, the validity of export licences
and advance fixing refund certificates issued by the autho      It shall apply until 30 June 1991 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 19 December 1990.
                                                                          For the Commission
                                                                           Ray MAC SHARRY
                                                                      Member of the Commission