CELEX: 31988R2751
Language: en
Date: 1988-09-03 00:00:00
Title: Commission Regulation (EEC) No 2751/88 of 2 September 1988 on a special intervention measure for durum wheat in Greece

3 . 9 . 88                               Official Journal of the European' Communities                           No L 245/ 13
                                     COMMISSION REGULATION (EEC) No 2751/88
                                                      of 2 September 1988
                            on a special intervention measure for durum wheat in Greece
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Commission Regulation (EEC) No 1 569/77 (3), as last
                                                                   amended by Regulation (EEC) No 2391 /88 (4) ; whereas
Having regard to the Treaty establishing the European              the competent agency must make certain that the wheat
Economic Community,                                                exported is of this standard ; whereas, however, given the
                                                                   age of a substantial proportion of the stocks in question,
                                                                    the maximum percentage for broken grains should be
Having regard to Council Regulation (EEC) No 2727/75                increased to 8 % , that for miscellaneous impurities to
of 29 October 1975 on the common organization of the                5 % and the minimum specific weight to 75 kilograms
market in cereals ('), as last amended by Regulation (EEC)          per hectolitre ;
No 2221 /88 (2), and in particular Article 8 (3) thereof,
Whereas production of durum wheat in Greece exceeds                Whereas, in view of the objective pursued, the competent
that country's requirements and substantial stocks still           agency must also make certain that the quantity for
remain from previous harvests, including that of 1986 ;             export contains a certain minimum percentage of durum
                                                                   wheat from the 1986 harvest :
Whereas the possibility of that surplus being absorbed by
the Community market is very slight ;                              Whereas the nature and objectives of the said measure
                                                                    call for the application mutatis mutandis of Article 16
Whereas the Greek market must be relieved by the export             Regulation (EEC) No 2727/75 and the Regulations
of part of this surplus quantity of durum wheat to                  adopted in implementation thereof, in particular Council
non-member countries ; whereas, in view of world market             Regulation (EEC) No 2746/75 of 29 October 1975 laying
prices for durum wheat, export is possible only with the            down general rules for granting export refunds on cereals
aid of a refund ;                                                   and criteria for fixing the amount of such refunds (*) and
                                                                    Commission Regulation (EEC) No 279/75 of 4 February
                                                                    1975 laying down detailed rules for the application of the
Whereas, however, the refund arrangements laid down in              system of tendering for export refunds on cereals (6), as
Article 16 of Regulation (EEC) No 2727/75 apply to                  last amended by Regulation (EEC) No 2788/86 Q ;
 export from any Member State ; whereas such
 arrangements, therefore, are not only unsuitable for
 solving the problem in question but may also favour the            Whereas, under the abovementioned Regulation (EEC)
 export of durum wheat from Member States where the                 No 279/75, the commitments on the part of the tenderer
 market situation is different from that in Greece ;                include the obligation to lodge an application for an
                                                                    export licence ; whereas compliance with this obligation
 Whereas, unless adequate measures are taken, the                   may be ensured by requiring tenderers to lodge a
 situation on the Greek market may be excepted to                   tendering security of 12 ECU per tonne when they
 deteriorate, possibly giving rise to a serious storage             submit their tenders ;
 problem and causing quantities of wheat to be sent into
 intervention, even in other Member States ; whereas, to            Whereas, to ensure equal treatment of all concerned, it is
 prevent this, a special intervention measure within the             necessary to stipulate that all the licences issued should
 meaning of Article 8 of Regulation (EEC) No 2727/75                 have the same period of validity ;
 should be taken to relieve the Greek market, including
 the stocks of longest standing ; whereas, furthermore, such
 a measure should take the form of a direct export                  Whereas, to ensure the smooth operation of the export
 incentive, which would avoid the high cost to the                   tendering procedure, it is necessary to prescribe a
 Community budget of buying in and storing products                  minimum quantity to by tendered for and a time limit
 which would in any case then have to be exported ;                  and form for the communication of tenders submitted to
 whereas the granting of a refund, the amount of which               the competent authorities ;
 would be determined by tendering and which would
 apply only to products exported from Greece, would be
 an appropriate measure for this purpose ;                           Whereas the Management Committee for Cereals has not
                                                                     delivered an opinion within the time limit set by its
                                                                     Chairman,
 Whereas, given the purpose of the measure, refunds
 should be granted only on durum wheat of the quality
 required for acceptance for intervention, as defined in             (3) OJ No L 174, 14. 7. 1977, p. 15.
                                                                     (4) OJ No L 205, 30. 7. 1988, p. 75.
                                                                     (*) OJ No L 281 , 1 . 11 . 1975, p. 78 .
 (') OJ No L 281 , 1 . 11 . 1975, p. 1 .                             Ì6) OJ No L 31 , 5. 2. 1975, p. 8.
 (2) OJ No L 197, 26. 7. 1988, p. 16.                                0 OJ No L 257, 10. 9. 1986, p. 32.
 ---pagebreak---  No L 245/ 14                           Official Journal of the European Communities                                    3 . 9 . 88
 HAS ADOPTED THIS REGULATION :                                                                Article 4
                                                                  The security referred to in Article 3 of Regulation (EEC)
                          Article 1                                No 279/75 shall be 12 ECU per tonne.
 1 . A special intervention measure in the form of an                                         Article 5
 export refund shall be applied in respect of 300 000
 tonnes of durum wheat exported from Greece, 40 % of               1 . By way of derogation from Article 21 (1 ) of
which must come from the 1986 Greek harvest.
                                                                  Commission Regulation (EEC) No 3183/80 (2), export
                                                                  licences in accordance with Article 8 ( 1 ) of Regulation
Article 1 6 of Regulation (EEC) No 2727/75 and. the               (EEC) No 279/75 shall, for the purpose of determining
 provisions adopted for the application of that Article shall     their period of validity, be deemed to have been issued on
apply mutatis mutandis to the said refund.                        the day when the tender was submitted.
2. The Greek intervention agency shall be responsible             2.     Export licences issued in connection with the
for implementing the measure referred to in paragraph 1 .         invitation to tender pursuant to this Regulation shall be
                                                                  valid from their date of issue as defined in paragraph 1
                                                                  until 30 September 1988 if they are issued on the basis of
                          Article 2                               a tender submitted before 16 September 1988 and until
                                                                  the end of the fourth month following that of issue if
 1.    Tenders shall be invited in order to determine the         they are issued on the basis of a tender submitted after 16
amount of the refund referred to in Article 1 .                   September 1988.
2. The invitation to tender shall relate to the quantity                                      Article 6
of durum wheat referred' to in Article 1 (1 ) for export to
the countries in zones I, II, III, IV, V, VI and VII listed in     1 . The Commission shall decide, under the procedure
Annex I to Commission Regulation (EEC) No 1124/77 (')             laid down in Article 26 of Regulation (EEC) No 2727/75,
and the German Democratic Republic. However, the total            either :
quantity offered for sale by tender until 15 September
 1988 shall not exceed 50 000 tonnes .                            — to fix a maximum export refund, taking account in
                                                                       particular of the criteria laid down in Articles 2 and 3
3. The invitation shall remain open until 22 December                  of Regulation (EEC) No 2746/75,
 1988. During the period of its validity, weekly awards                or
shall be made for which the time limits for the
                                                                  — to make no award.
submission of tenders shall be as prescribed in the notice
of invitation to tender.
                                                                  2. Where a maximum export refund is fixed, a contract
                                                                  shall be awarded to any tenderer whose tender indicates a
4.    Tenders     must   be    submitted     to   the   Greek
                                                                  rate of refund equal to or less than such maximum export
intervention agency named in the notice of invitation.            refund.
5. The tendering procedure shall take place in                    3. Refunds, once awarded, shall not be paid unless the
accordance with this Regulation and Regulation (EEC) No           undertaking referred to in the third indent of Article 3 (b)
279/75.                                                           has been met and the durum wheat exported is of at least
                                                                  intervention quality as defined in Regulation (EEC) No
                                                                  1 569/77. However, the maximum percentage of broken
                          Article 3                               grains shall be 8 % , that of miscellaneous impurities 5 %
                                                                  and the minimum specific weight 75 kilograms per
A tender shall be valid only if :                                 hectolitre .
(a) it relates to not less than 1 000 tonnes,                     The competent agency shall have an analysis made of the
(b) it is accompanied by :                                        loaded goods and shall hold at the Commission's disposal
                                                                  an additional sample from each consignment, taken and
     — advance fixing of the Greek monetary compen­               sealed in the presence of the tenderer or his represen­
         satory amount valid on each closing date for the         tative.
         submission of tenders,
     — the undertaking provided for in Article 2 (3) (b) of       Sampling and analysis costs shall be met by the tenderer.
         Regulation (EEC) No 279/75 to the effect that the        Greece shall inform the Commission, before 5 September
        export licence will be applied for in Greece,             1988, of the additional measures planned to verify
     — an undertaking that at least 30 % of the quantity          compliance with the conditions for the payment of the
        awarded will consist of wheat from one of the             refund, in particular those relating to fulfilment of the
        stores appearing on the list referred to in the           undertaking referred to in the third indent of Article 3 (b),
         fourth subparagraph of Article 6 (3).                    and shall forward to the Commission a list of the stores
(') OJ No L 134, 28. 5. 1977, p. 53.                              0 OJ No L 338, 13. 12. 1980, p. 1 .
 ---pagebreak--- 3 . 9 . 88                            Official Journal of the European Communities                              No L 245/ 15
containing durum wheat harvested in 1986 and intended               If no tenders are received, the Greek intervention agency
for export, an updated version of the list being sent to the        shall inform the Commission of this within the deadline
Commission after each tendering procedure.                          specified in the first paragraph.
                                                                    The times fixed for the submission of tenders shall
                           Article 7
                                                                    correspond to Belgian time.
Tenders submitted must reach the Commission through
the intermediary of the Greek intervention agency at the                                      Article 8
latest one and a half hours after expiry of the period for
the weekly submission of tenders as specified in the                This Regulation shall enter into force on the day
notice of invitation to tender. Tenders must be                     following its publication in the Official Journal of the
communicated in the form shown in the Annex hereto.                 European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 2 September 1988 .
                                                                              For the Commission
                                                                               Frans ANDRIESSEN
                                                                                  Vice-President
                                                            ANNEX
              Weekly tender for the refund for the export of durum wheat to countries in zones I, II, III, IV, V,
                                     VI and VII and the German Democratic Republic
                                     (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
                           etc .