CELEX: 31987R3455
Language: en
Date: 1987-11-19
Title: Commission Regulation (EEC) No 3455/87 of 18 November 1987 amending Regulation (EEC) No 1705/87 as regards the minimum quality required for exportation of durum wheat

No L 328 /32                                Official Journal of the European Communities                             19 . 11 . 87
                                       COMMISSION REGULATION (EEC) No 3455/87
                                                        of 18 November 1987
                   amending Regulation (EEC) No 1705/87 as regards the minimum quality
                                            required for exportation of durum wheat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                               dance with the procedure laid down in Article 26 of
                                                                          Regulation (EEC) No 2727/75 :
Having regard to the Treaty establishing the European
Economic "Community,                                                      — to fix a maximum export refund, taking account in
                                                                              particular of the criteria laid down in Articles 2
Having regard to Council Regulation (EEC) No 2727/75                          and 3 of Regulation (EEC) No 2746/75, or
of 29 October 1975 on the common organization of the
                                                                          — to make no award.
market in cereals ('), as last amended by Regulation (EEC)
No 1900/87 (2),                                                           2. Where a maximum export refund is fixed, the
                                                                          contract shall be awarded to the tenderers) whose
Having regard to Council Regulation (EEC) No 2746/75                      tenders) is equal to or less than such maximum
of 29 October 1975 laying down general rules for granting                 export refund.
export refunds on cereals and criteria for fixing the
amount of such refunds (3), and in particular Article 5                   3 . The refund may not be granted if the quality of
thereof,                                                                  the durum wheat exported is inferior to the quality
                                                                          defined in Article 2 (2) of Commission Regulation
Whereas the purpose of Commission Regulation (EEC)                        (EEC) No 1569/77 (2) with the exception of impurities
No 1705/87 (4) will be served unless the refund is granted                constituted by grains (other than mottled grains and
only on durum wheat of the quality required for the                       grains affected with fusariosis) : 7 % maximum of
normal uses to which it is put ; whereas a minimum                        which 5 % of common wheat or orther cereals.
quality should therefore be set ; whereas the relevant
agency must ensure that the wheat exported meets this                     To that end the relevant agency shall have the wheat
standard ;                                                                loaded analysed by an approved agency or firm.
Whereas the measures provided for in this Regulation are                  Sampling and analysis costs shall be met by the
in accordance with the opinion of the Management                          tenderer.
Committee for Cereals,
                                                                          4. Should the wheat not be of the quality specified
                                                                          in paragraph 3, the refund shall be reduced by 45
HAS ADOPTED THIS REGULATION :
                                                                          ECU per tonne.
                                                                          0 OJ No L 31 , 5. 2. 1975? p. 8.
                              Article 1                                   (2) OJ No L 174, 14. 7. 1977, p. 15.'
Article 5 of Regulation (EEC) No 1705/87 is hereby
replaced by the following :                                                                    Article 2
     'Article 5
                                                                       This Regulation shall enter into force on the day of its
     1 . Notwithstanding Article 5 of Regulation (EEC)                 publication in the Official Journal of the European
    No 279/75 ('), the Commission shall decide, in accor­              Communities.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 18 November 1987.
                                                                                For the Commission
                                                                                 Frans ANDRIESSEN
                                                                                    Vice-President
(') OJ  No   L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ  No   L 182,  3. 7. 1987, p. 40.
0   OJ  No   L 281 , 1 . 11 . 1975, p. 78 .
0   OJ  No   L 159,  19 . 6. 1987, p. 12.