CELEX: 31983R2164
Language: en
Date: 1983-07-30 00:00:00
Title: Commission Regulation (EEC) No 2164/83 of 29 July 1983 on a special intervention measure for durum wheat in Greece

No L 206/62                           Official Journal of the European Communities                              30 . 7. 83
                                 COMMISSION REGULATION (EEC) No 2164/83
                                                      of 29 July 1983
                        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 Regulation (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,
Regulation (EEC) No 1451 /82 (2), and in particular             whose amount would be determined by tendering and
Article 8 (4) thereof,                                          which would apply only to products exported from
                                                                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 1982/83 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 1983/84, 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 16 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
                                                                a time limit and form for the communication of
Greece ;
                                                                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.                         (<) OJ No L 31 , 5. 2. 1975, p. 8.
0 OJ No L 164, 14. 6 . 1982, p . 1 .                            0 OJ No L 351 , 15. 12. 1978, p. 16.
 ---pagebreak--- 30 . 7. 83                         Official Journal of the European Communities                         No L 206/63
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
1 . A special intervention measure in the form of an         licences issued in accordance with Article 8 ( 1 ) of
export refund shall be applied in respect of 1 5 000         Regulation (EEC) No 279/75 shall, for the purpose of
tonnes of durum wheat exported from Greece.                  determining their period of validity, be deemed to
                                                             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 and   — to fix a maximum export refund, taking account in
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 21
December 1983 . 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 .                       (2) OJ No L 338 , 13. 12. 1980, p. 1 .
 ---pagebreak--- No L 206/64                     Official Journal of the European Communities                          30. 7. 83
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 29 July 1983.
                                                                       For the Commission
                                                                          Poul DALSAGER
                                                                  Member of the Commission
                                                     ANNEX
         Weekly tender (or 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         I
                    3
                   etc.