CELEX: 31990R3782
Language: en
Date: 1990-12-19 00:00:00
Title: Commission Regulation (EEC) No 3782/90 of 19 December 1990 on transitional measures applicable in the raw tabacco sector after the unification of Germany

28 . 12. 90                               Official Journal of the European Communities                            No L 364/ 17
                                        COMMISSION REGULATION (EEC) No 3782/90
                                                      of 19 December 1990
                   6n transitional measures applicable in the raw tobacco sector after the
                                                     unification of Germany
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         sionally for the period from unification until 31
                                                                    December 1990 ; whereas, given that the aforementioned
Having regard to the Treaty establishing the European               conditions still obtain, this scheme should be extended
Economic Community,                                                 beyond that date ;
                                                                    Whereas it is necessary to forbid, for a given operator, the
Having regard to Council Regulation (EEC) No 3577/90                cumulation of prices, premiums and export refunds under
of 4 December 1990 on the transitional measures and
                                                                    the national legislation introduced before 3 October 1990
adjustments required in the agricultural sector as a result         in the territory of the former German Democratic Repu­
German unification ('), and in particular Article 3 thereof,        blic and the Community rules taking effect from that
                                                                    same date ;
Whereas Regulation (EEC) No 3577/90 lays down, inter
alia, that measures to supplement those provided for in             Whereas the measures provided for in this Regulation are
that Regulation may be adopted in order to ensure the               in accordance with the opinion of the Management
harmonious integration of farming in the territory of the           Committee for Raw Tobacco,
former German Democratic Republic into the common
agricultural policy ;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas in the raw tobacco sector the Community prices,
premiums and export refunds are fixed for a given harvest
under Council Regulation (EEC) No 727/70 of 21 April                                          Article 1
1970 on the common organization of the market in raw
tobacco (2), as last amended by Regulation (EEC) No                  1.    Germany is hereby authorized to grant from national
1 329/90 (3) ; whereas the said prices, premiums and                funds, for the varieties of tobacco harvested in 1990 in the
refunds do not apply, having regard to the date of the              territory of the former German Democratic Republic, the
unification of Germany, as regards the 1990 harvest, to             prices, premiums and export refunds provided for in
tobacco grown in the territory of the former Germany                Regulation (EEC) No 727/70.
Democratic Republic ;
                                                                    2. The national payment for the prices and premiums
Whereas tobacco grown in the said territory in 1990 is              referred to in paragraph 1 may not exceed the prices and
currently covered by national arrangements similar to the           premiums fixed for a corresponding variety under Regula­
Community rules on tobacco ; whereas Germany should                 tion (EEC) No 1331 /90 .
be authorized, in certain cases, to effect payments, from
the date of unification, in respect of prices, premiums and         3. The national payment for the export refunds
export refunds from national funds for tobacco from the             referred to in paragraph 1 may not exceed the amount
1990 harvest grown in the territory of the former German            fixed by the Commission for a corresponding variety.
Democratic Republic ; whereas, however, in order to avoid
any distortion of competition, the prices and premiums
granted may not exceed the amounts fixed by the Council                                       Article 2
in Regulation (EEC) No 1331 /90 (4) for the 1990 harvest
for the Community varieties corresponding to the varie­              1 . Germany shall ensure that the prices, premiums and
ties produced in the territory of the former German                 export refunds provided for in Regulation (EEC) No
Democratic Republic ; whereas the amount of the export              727/70 are not granted from Community funds for the
refunds on such tobacco may not exceed the amount                   tobacco varieties harvested in 1990 or earlier in the terri­
fixed by the Commission ;                                           tory of the former German Democratic Republic.
Whereas, in Commission Regulation (EEC) No 2777/90                  2. Germany shall notify the Commission as soon as
of 27 September 1990 on interim measures applicable in              possible of the measures taken to ensure that paragraph 1
the raw tobacco sector after the unification of Germany (*),        is complied with.
the Commission adopted measures to this effect, provi­
                                                                                               Article 3
(') OJ No   L  353, 17. 12. 1990, p. 23.
0   OJ No   L  94, 28 . 4. 1970, p. 1 .                             This Regulation shall enter into force on 1 January 1991 .
0   OJ No   L  132, 23. 5. 1990, p. 25.
(4) OJ No   L  132, 23. 5. 1990, p. 28 .
0   OJ No   L  267, 29. 9. 1990, p. 32.                             It shall apply until 31 December 1992.
 ---pagebreak--- No L 364/ 18                    Official Journal of the European Communities                        28 . 12. 90
             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