CELEX: 31982R1960
Language: en
Date: 1982-07-21 00:00:00
Title: Commission Regulation (EEC) No 1960/82 of 20 July 1982 on a special intervention measure for durum wheat in Greece

No L 212/38                         Official Journal of the European Communities                               21 . 7 . 82
                                  COMMISSION REGULATION (EEC) No 1960/82
                                                       of 20 July 1982
                          on a special intervention measure for durum wheat in Greece
  THE COMMISSION OF THE EUROPEAN                                   non-member countries ; whereas, to avoid the above­
  COMMUNITIES,                                                     mentioned     intervention,    a . special  intervention
                                                                   measure intended to relieve the Greek market should
  Having regard to the Treaty establishing the European            be taken under Article 8 of the said Regulation ;
  Economic Community,                                              whereas, furthermore, such a measure should take the
                                                                   form of a direct export incentive, which would avoid
  Having regard to Council Regulatipn (EEC) No                     the high cost to the Community budget of buying in
  2727/75 of 29 October 1975 on the common organi­                 and storing products which would in any case then
  zation of the market in cereals ('), as last amended by          have to be exported ; whereas the grant of a refund,
                                                                   whose amount would be determined by tendering and
  Regulation (EEC) No 1451 /82 (2), and in particular              which would apply only to products exported from
  Article 8 (4) thereof,                                           Greece, would be an appropriate measure for this
                                                                   purpose ;
  Whereas the production of durum wheat in Greece
  greatly exceeds that country's requirements ; whereas
  this has already led to substantial intervention                Whereas the nature and objectives of the said
  measures during the 1981 /82 marketing year ;                    measures make it appropriate to apply in respect of it,
                                                                   mutatis mutandis, Article 16 of Regulation (EEC) No
 Whereas the latest information available indicates that           2727/75 and the Regulations adopted for the applica­
  the durum wheat harvest in Greece will be particularly          tion thereof, in particular Council Regulation (EEC)
 abundant in 1982/83, mainly because of a big increase             No 2746/75 of 29 October 1975 laying down general
 in the area devoted to that crop ; whereas, in view of           rules for granting export refunds on cereals and criteria
 the Greek market's requirements, there will be a                 for fixing the amount of such refunds (3), and Commis­
 substantial surplus on that market in the said                   sion Regulation (EEC) No 279/75 of 4 February 1975
 marketing year ;                                                 laying down detailed rules for the application of the
                                                                  system of tendering for export refunds on cereals (4), as
                                                                  last amended by Regulation (EEC) No 2944/78 (*) ;
 Whereas the possibility of that surplus being absorbed
 by the Community market is very slight, mainly
 because of the production and marketing structure for            Whereas, under the abovementioned Regulation (EEC)
 durum wheat in Greece ;                                          No 279/75, the commitments on the part of the
                                                                  tenderer include the obligation to lodge an application
 Whereas the Greek market can be relieved by the                  for an export licence ; whereas compliance with this
 export of part of this surplus quantity of durum wheat           obligation may be ensured by requiring tenderers to
 to non-member countries ; whereas, in view of world              lodge a tendering security of 12 ECU per tonne when
 market prices for durum wheat, export is possible only           they submit their tenders ;
with the aid of a refund ;
                                                                  Whereas, in order to ensure equal treatment of all
Whereas, however, the refund arrangements laid down               concerned, it is necessary to make provision for the
 in Article 1 6 of Regulation (EEC) No 2727/75 apply to           licences issued to have an identical period of validity ;
export from any Member State ; whereas such arrange­
 ments, therefore, are not only unsuitable for solving
the problem in question but may also favour the                  Whereas, in order to ensure the smooth operation of
export of durum wheat from Member States where the                the export tendering procedure, it is appropriate to
market situation is completely different from that in            prescribe a minimum quantity to be tendered for and
Greece ;                                                         a time limit and form for the communication of
                                                                 tenders submitted to the competent authorities ;
Whereas, in the absence of adequate measures, massive
quantities of durum wheat may be expected to enter               Whereas the measures provided for in this Regulation
intervention storage in Greece, in accordance with               are in accordance with the opinion of the Management
Article 7 of Regulation (EEC) No 2727/75, the only               Committee for Cereals,
possibility of disposal being in any case export to
                                                                 (3) OJ No L 281 , 1 . 11 . 1975, p. 78 .
(') OJ No L 281 , 1 . 11 . 1975, p. 7.                           (4) OJ No L 31 , 5. 2. 1975, p. 8 .
(2) OJ No L 164, 14. 6. 1982, p. 1 .                             0 OJ No L 351 , 15. 12. 1978, p. 16.
 ---pagebreak--- 21 . 7. 82                         Official Journal of the European Communities                         No L 212/39
HAS ADOPTED THIS REGULATION :                                                        Article 5
                        Article 1
                                                             1 . By way of derogation from Article 21 (1 ) of
                                                             Commission Regulation (EEC) No 3183/80 (2), export
                                                             licences issued in accordance with Article 8 ( 1 ) of
1 . A special intervention measure in the form of an         Regulation (EEC) No 279/75 shall, for the purpose of
export refund shall be applied in respect of 150 000         determining their period of validity, be deemed to
tonnes of durum wheat exported from Greece.
                                                             have been issued on the day on which the tender was
                                                             submitted.
Article 16 of Regulation (EEC) No 2727/75 and the
provisions adopted for the application of that Article
shall apply, mutatis mutandis, to the said refund.           2.    Export licences issued in connection with the
                                                             invitation to tender pursuant to this Regulation shall
2.    The Greek intervention agency shall be respon­         be valid from their date of issue, as defined in para­
sible for implementing the measure referred to in            graph 1 , until the end of the third month following
paragraph 1 .                                                that of issue .
                        Article 2
                                                                                     Article 6
1.     Tenders shall be invited in order to determine
the amount of the refund referred to in Article 1 .          1 . The Commission shall decide, under the proce­
                                                             dure laid down in Article 26 of Regulation (EEC) No
2.     The invitation to tender shall relate to the quan­    2727/75, either :
tity of durum wheat referred to in Article 1 (1 ) for
export to the countries in Zones I, II, III, IV, V, VI       — to fix a maximum export refund, taking account in
and VII listed in Annex I to Regulation (EEC) No                 particular of the criteria laid down in Articles 2
1 1 24/77 (') and the German Democratic Republic.                and 3 of Regulation (EEC) No 2746/75, or
                                                             — to make no award.
3 . The invitation shall remain open until 22
December 1982. During the period of its validity             2. Where a maximum export refund is fixed, a
weekly awards shall be made, for which the time limits       contract shall be awarded to any tenderer whose tender
for the submission of tenders shall be as prescribed in      indicates a rate of refund equal to or less than such
the notice of invitation to tender.
                                                             maximum export refund.
4.    Tenders must be submitted to the Greek inter­
vention agency named in the notice of invitation.
                                                                                     Article 7
5. The tendering procedure shall take place in
accordance with this Regulation and Regulation (EEC)         Tenders    submitted   must    reach  the   Commission
No 279/75.                                                   through the intermediary of the Greek intervention
                                                             agency at the latest one and a half hours after expiry of
                                                             the period for the weekly submission of tenders as
                        Article 3                            specified in the notice of invitation to tender. They
                                                             must be communicated in the form indicated in the
A tender shall be valid only if :                            Annex.
— it relates to not less than 1 000 tonnes,
                                                             If no tenders are received, the Greek intervention
— it is accompanied by :
                                                             agency shall inform the Commission of this within the
     — advance fixing of the Greek monetary compen­          period indicated in the first paragraph .
        satory amount valid on each closing date for
         the submission of tenders,                          The times fixed for the submission of tenders shall
     — the undertaking provided for in Article 2 (3) (b)     correspond to Belgian time.
        of Regulation (EEC) No 279/75 that the export
         licence will be applied for in Greece.
                                                                                     Article 8
                         Article 4
                                                             This Regulation shall enter into force on the day
The security referred to in Article 3 of Regulation          following its publication in the Official Journal of the
(EEC) No 279/75 shall be 12 ECU per tonne.                   European Communities.
(') OJ No L 134, 28 . 5. 1977, p. 53 .                       0 OJ No L 338, 13. 12. 1980, p. 1 .
 ---pagebreak--- No L 212/40                      Official Journal of the European Communities                         21 . 7 . 82
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 20 July 1982.
                                                                        For the Commission
                                                                             Poul DALSAGER
                                                                    Member of the Commission
                                                      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 of tenderer         Quantity                     Amount of export refund
                                      in tonnes                      in drachmas per tonne
                    1                                                      .
                    2
                    3
                   etc.