CELEX: 31988R0633
Language: en
Date: 1988-03-09 00:00:00
Title: Commission Regulation (EEC) No 633/88 of 8 March 1988 on a special intervention measure for common wheat of breadmaking quality in Germany

9. 3 . 88                               Official Journal of the European Communities                               No L 63/9
                                     COMMISSION REGULATION (EEC) No 633/88
                                                       of 8 March 1988
                  on a special intervention measure for common wheat of breadmaking quality in
                                                           Germany
THE COMMISSION OF 'THE EUROPEAN COMMUNITIES,                      for acceptance for intervention, as defined in Commission
                                                                  Regulation (EEC) No 1 570/77 (3), as last amended by
Having regard to the Treaty establishing the European             Regulation (EEC) No 2258/87 (4) ; whereas the competent
Economic Community,                                               agency must make certain that wheat exported is of this
                                                                  standard ;
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the              Whereas the nature and objectives of the said measures
market in cereals ('), as last amended by Regulation (EEC)        make it appropriate to apply in respect of it mutatis
No 3989/87 (2), and in particular Article 8 (4) thereof,          mutandis Article 16 of Regulation (EEC) No 2727/75 and
                                                                  the Regulations adopted for the application thereof, in
Whereas production of common wheat of breadmaking                 particular Council Regulation (EEC) No 2746/75 of 29
quality in Germany exceeds that country's requirements ;          October 1975 laying down general rules for granting
                                                                  export refunds on cereals and criteria for fixing the
                                                                  amount of such refunds^5) and Commission Regulation
Whereas the possibility of that surplus being absorbed by         (EEC) No 279/75 of 4 February 1975 laying down
the Community market is slight ;                                  detailed rules for the application of the system of tende­
                                                                  ring for export refunds on cereals (6), as last amended by
Whereas the German market can be relieved by the                  Regulation (EEC) No 2944/78 f7) ;
export of part of this surplus quantity of common wheat
of breadmaking quality to third countries ; whereas, in
view of world market prices for common wheat of bread­            Whereas, since the concerned parties are already aware of
making quality, export is possible only with the aid of a         the terms of the invitation, a derogation may be made
refund ;                                                          from the provisions of Regulation (EEC) No 279/75 on
                                                                  the period that must elapse between the date of publica­
                                                                  tion and the first closing date for the submission of
Whereas, however, the refund arrangements laid down in            tenders ;
Article 16 of Regulation (EEC) No 2727/75 apply to
export from any Member State ; whereas such arrange­
ments, therefore, are not only unsuitable for solving the         Whereas, under the abovementioned Regulation (EEC)
problem in question but may also encourage the export of          No 2 79/75, the commitments on the part of the tenderer
bread-making quality from Member States where the                 include the obligation to lodge an application for an
market situation is different from that in Germany ;              export licence ; whereas compliance with this obligation
                                                                  may be ensured by requiring tenderers to lodge a
Whereas, in the absence of adequate measures, massive             tendering security of 12 ECU per tonne when they
quantities of breadmaking wheat may be expected to                submit their tenders ;
enter intervention storage in Germany in accordance with
Article 7 of Regulation (EEC) No 2727/75, the only possi­
                                                                  Whereas, in order to ensure equal treatment of all
bility of disposal being in any case export to third coun­        concerned, it is necessary to make provision for the
tries ; whereas, to avoid the abovementioned intervention,
                                                                  licences issued to have an identical period of validity ;
a special intervention measure intended to relieve the
German market should be taken under Article 8 of the
said Regulation ; whereas, furthermore, such a measure            Whereas, in order to ensure the smooth operation of the
should take the form of a direct export incentive, which          export tendering procedure, it is appropriate to prescribe a
would avoid the high cost to the Community budget of              minimum quantity to be tendered for and a time limit
buying in and storing products which would in any case            and form for the communication of tenders submitted to
then have to be exported ; whereas the granting of a              the competent authorities ;
refund, the amount of which would be determined by
tendering and which would apply only to products
exported from Germany would be an appropriate measure             Whereas the measures provided for in this Regulation are
for this purpose ;                                                in accordance with the opinion of the Management
                                                                   Committee for Cereals,
Whereas the purpose of the measure is such that refunds
should be granted only on wheat of the quality required           (3) OJ No L- 174, 14. 7. 1977, p. 18 .
                                                                  (4) OJ No L 208, 30. 7. 1987, p. 10.
                                                                  (Ó OJ No L 281 , 1 . 11 ,- 1975, p. 78.
(>) OJ No L 281 , 1 . 11 . 1975, p. 1 .                           («) OJ No L 31 , 5. 2. 1975, p. 8.
(A OJ No L 377, 31 . 12. 1987, p. 1 .                             0 OJ No L 351 , 15. 12. 1978, p. 16.
 ---pagebreak--- No L 63/ 10                           Official Journal of the European Communities                                  9. 3. 88
HAS ADOPTED THIS REGULATION :                                                              Article 5
                                                                1 . By way of derogation from Article 21 (1 ) of
                          Article 1
                                                                Commission Regulation (EEC) No 3183/80 ('), export
                                                                licences issued in accordance with Article 8 (1 ) of Regula­
1 . A special intervention measure in the form of an            tion (EEC) No 279/75 shall, for the purpose of
export refund shall be applied in respect of 100 000            determining their period of validity, be deemed to have
tonnes of common wheat of breadmaking quality                   been issued on the day on which the tender was
exported from Germany.                                          submitted.
Article 16 of Regulation (EEC) No 2727/75 and the pro­
visions adopted for the application of that Article shall       2. Export licences issued in connection with the invita­
apply mutatis mutandis to the said refund.                      tion to tender pursuant to this Regulation shall be valid
                                                                from their date of issue, as defined in paragraph 1 , until
2. The German intervention agency shall be respon­              the end of the third month following that of issue.
sible for implementing the measure provided for in para­
graph 1 .
                                                                                           Article 6
                          Article 2
                                                                 1 . The Commission shall decide, under the procedure
1.    Tenders shall be invited in order to determine the
                                                                laid down in Article 26 of Regulation (EEC) No 2727/75,
                                                                either :
amount of the refund referred to in Article 1 .
                                                                — to fix a maximum export refund, taking account in
2. The invitation to tender shall relate to the quantity             particular of the citeria laid down in Articles 2 and 3
of common wheat of breadmaking quality referred to in                of Regulation (EEC) No 2746/75, or
Article 1 ( 1 ) for export to Poland.                           — to make no award.
3. The invitation shall remain open until 31 March
1988. During the period of its validity weekly awards shall      2. Where a maximum export refund is fixed, a contract
be made, for which the time limits for the submission of         shall be awarded to any tenderer whose tender indicates a
tenders shall be as prescribed in the notice of invitation to    rate of refund equal to or less than such maximum export
tender.                                                          refund.
By way of derogation from Article 1 (2) of Regulation            3. Where the quality does not meet that defined in the
(EEC) No 279/75, the time limit for submission of                second subparagraph of Article 4a (1 ) of Regulation (EEC)
tenders under the first partial invitation to tender shall       No 1570/77, the refund shall be reduced by 10 ECU per
expire on 10 March 1988 .                                        tonne, provided however that the quality meets at least
                                                                 the conditions laid down for common wheat in the
4.    Tenders must be submitted to the German interven­          Annex to Commission Regulation (EEC) No 1 569/77 (2).
tion agency named in the notice of invitation.                   No refund shall be granted where the quality does not
                                                                 meet the latter conditions either.
5. The tendering procedure shall take place in accor­
dance with this Regulation and Regulation (EEC) No               To that end, the competent agency shall have an analysis
279/75.
                                                                 made, by an approved body or company, of the loaded
                                                                 goods and shall hold at the Commission's disposal an
                          Article 3
                                                                 additional sample from each consignment taken and
                                                                 sealed in the presence of the successful tenderer or his
                                                                 representative.
A tender shall be valid only if :
— it relates to not less than 1 000 tonnes,                      Sampling and analysis costs shall be met by the tenderer.
— it is accompanied by :
    — advance fixing of the German monetary compen­
                                                                                           Article 7
        satory amount valid on each closing date for the
        submission of tenders,
    — the undertaking provided for in Article 2 (3) (b) of       Tenders submitted must reach the Commission through
        Regulation (EEC) No 279/75 that the export               the intermediary of the German intervention agency at
        licence will be applied for in Germany.                  the latest one and a half hours after expiry of the period
                                                                 for the weekly submission of tenders as specified in the
                                                                 notice of invitation to tender. They must be communi­
                          Article 4                              cated in the form indicated in the Annex.
The security referred to in Article 3 of Regulation (EEC)        (') OJ No L 338, 13. 12. 1980, p. 1 .
 No 279/75 shall be 12 ECU per tonne.                            0 OJ No L 174, 14. 7. 1977, p. 15.
 ---pagebreak--- 9. 3. 88                             Official Journal of the European Communities                             No L 63/ 11
If no tenders are received, the German intervention                                         Article 8
agency shall inform the Commission of this by the time
limit indicated in the first paragraph.
                                                                  This Regulation shall enter into force on the day of its
The times fixed for the submission of tenders shall corres­       publication in the Official Journal of the European
pond to Belgian time.                                             Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 8 March 1988 .
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President
                                                          ANNEX
                Weekly tender for the refund for the refund for the export of comon wheat of breadma­
                                                  king quality to Poland
                                   (Closing date for the submission of tenders (date/time))
                           1                2                                    3
                        Number           Quantity                     Amount of export refund
                      of tenderer       in tonnes                        in ECU per tonne
                           1
                           2
                           3
                                   1
                          etc.