CELEX: 31989R0212
Language: en
Date: 1989-01-28 00:00:00
Title: Commission Regulation (EEC) No 212/89 of 27 January 1989 on a special intervention measure for common wheat in Germany

28. 1 . 89                              Official Journal of the European Communities                             No L 25/67
                                      COMMISSION REGULATION (EEC) No 212/89
                                                      of 27 January 1989
                         on a special intervention measure for common wheat in Germany
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       for acceptance for intervention, as defined in Commission
                                                                  Regulation (EEC) No 1569/77 0, as last amended by
Having regard to the Treaty establishing the European             Regulation (EEC) No 3495/88 (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 1 66/89 (2), and in particular Article 8 (3) thereof,          mutandis Article 16 of Regulation (EEC) No 2727US and
                                                                  the Regulations adopted for the application thereof, in
                                                                  particular Council Regulation (EEC) No 2746/75 of 29
Whereas production of common wheat in Germany                     October 1975 laying down general rules for granting
exceeds that country's requirements ;                             export refunds on cereals and criteria for fixing the
                                                                  amount of such refunds (*) 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 tender­
                                                                  ing for export refunds on cereals (*), as last amended by
                                                                  Regulation (EEC) No 2788/86 f);
Whereas the German market can be relieved by the
export of part of this surplus quantity of common wheat
to third countries ; whereas, in view of world market             Whereas, since the concerned parties are already aware of
prices for common wheat, export is possible only with the         the terms of the invitation, a derogation may be made
aid of a 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 279/75, the commitments on the part of the tenderer
common wheat from Member States where the market                  include the obligation to lodge an application for an
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 ECU 12 per tonne when they
                                                                  submit their tenders ;
quantities of common wheat may be expected to 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 die 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            (J) OJ No L 174, 14. 7. 1977, p. 15.
                                                                   (4) OJ No L 306, 11 . 11 . 1988, p. 26.
                                                                   (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 .
M OJ No L 20, 25. 1 . 1989, p. 16.                                 0 OJ No L 257, 10. 9. 1986, p. 32.
 ---pagebreak---  No L 25/68                            Official Journal of the European Communities                                  28 . 1 . 89
HAS ADOPTED THIS REGULATION :                                                               Article 4
                                                                  The security referred to in Article 3 of Regulation (EEC)
                          Article 1                               No 279/75 shall be ECU 12 per tonne.
 1 . A special intervention measure in the form of an
export refund shall be applied in respect of 300 000                                        Article 5
tonnes of common wheat exported from Germany.
                                                                  1 . By way of derogation from Article 21 (1) of
Article 16 of Regulation (EEC) No 2727/75 and the pro­            Commission Regulation (EEC) No 3183/80 (2), export
visions adopted for the application of that Article shall        licences issued in accordance with Article 8 (1 ) of Regula­
apply mutatis mutandis to the said refund.                        tion (EEC) No 279/75 shall, for the purpose of
                                                                 determining their period of validity, be deemed to have
2. The German intervention agency shall be respon­               been issued on the day on which the tender was
                                                                 submitted.
sible for implementing the measure provided for in para­
graph 1 .
                                                                 2. Export licences issued in connection with the invita­
                                                                 tion to tender pursuant to this Regulation shall be valid
                                                                 from their date of issue, as defined in paragraph 1 , until
                          Article 2
                                                                 the end of the fourth month following that of issue.
1.    Tenders shall be invited in order to determine the
amount of the refund referred to in Article 1 .                                             Article 6
2. The invitation to tender shall relate to the quantity          1 . The Commission shall decide, under the procedure
of common wheat referred to in Article 1 (1 ) for export to      laid down in Article 26 of Regulation (EEC) No 2727/75,
the countries of zones I, II, III, IV, V, VI, VII and VIII,      either :
and the Canary Islands as defined in Annex I to Commis­
sion Regulation (EEC) No 11 24/77 (').                           -— to fix a maximum export refund, taking account in
                                                                      particular of the citeria laid down in Articles 2 and 3
                                                                      of Regulation (EEC) No 2746/75, or
3. The invitation shall remain open until 25 May 1989.
                                                                 — to make no award.
During the period of its validity weekly awards shall be
made, for which the time limits for the submission of
tenders shall be as prescribed in the notice of invitation to    2. Where a maximum export refund is fixed, a contract
tender.                                                          shall be awarded to any tenderer whose tender indicates a
                                                                 rate of refund equal to or less than such maximum export
                                                                 refund.
By way of derogation from. Article 1 (2) of Regulation
(EEC) No 279/75, the time limit for submission of                3. A refund awarded shall not be paid unless the
tenders under the first partial invitation to tender shall       common wheat exported is of at least intervention quality
expire on 2. February 1989.                                      as defined in Article 2 (2) of Regulation (EEC) No
4.    Tenders must be submitted to the German interven­           1569/77. As regards the level of humidity, Regulation
                                                                 (EEC) No 2469/88 (3) is applicable.
tion agency named in the notice of invitation.
                                                                 To that end, the competent agency shall have an analysis
5. The tendering procedure shall take place in accord­            made, by an approved body or company, of the loaded
ance with this Regulation and Regulation (EEC) No                goods and shall hold at the Commission's disposal an
279/75.                                                           additional sample from each consignment taken and
                                                                  sealed in the presence of the successful tenderer or his
                                                                  representative.
                          Article 3
                                                                  Sampling and analysis costs shall be met by the tenderer.
A tender shall be valid only if :
— it relates to not less than 1 000 tonnes,                                 '               Article 7
— it is accompanied by :
                                                                  Tenders submitted must reach the Commission through
     — advance fixing of the German monetary compen­              the intermediary of the German intervention agency at
        satory amount valid on each closing date for the          the latest one and a half hours after expiry of the period
        submission of tenders,
                                                                   for the weekly submission of Renders as specified in the
     — the undertaking provided for in Article 2 (3) (b) of       notice of invitation to tender. They must be communi­
        Regulation (EEC) No 279/75 that the export                cated in the form indicated in the Annex.
        licence will be applied for in Germany.
                                                                  (l) OJ No L 338, 13. 12. 1980, p. 1 .
 (') OJ No L 134, 28 . 5. 1977, p. 53.                            0 OJ No L 213, 6. 8. 1988, p. 5.
 ---pagebreak--- 28 . 1 . 89                           Official Journal of the European Communities                               No L 25/69
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, 27 January 1989.
                                                                              For the Commission
                                                                                Ray MAC SHARRY
                                                                          Member of the Commission
                                                              ANNEX
                Weekly tender for the refund for die refund for die export of common wheat to the coun­
                         tries of zones I, II, III, IV, V, VI, VII and VIII and the Canary Islands
                                                   (Regulation (EEC) No 212/89)
                                    (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.