CELEX: 31989R2417
Language: en
Date: 1989-08-05 00:00:00
Title: Commission Regulation (EEC) No 2417/89 of 4 August 1989 amending Regulation (EEC) No 1626/89 opening an invitation to tender for the refund and/or levy for the export of durum wheat to countries of zones I, II, III, IV, V, VI, VII, VIII, the German Democratic Republic and the Canary Islands

5. 8 . 89                                  Official Journal of the European Communities                             No L 228 / 15
                                      COMMISSION REGULATION (EEC) No 2417/89
                                                         of 4 August 1989
                   amending Regulation (EEC) No 1626/89 opening an invitation to tender for the
                   refund and/or levy for the export of durum wheat to countries of zones I, II, III,
                      IV, V, VI, VII, VIII, tihe German Democratic Republic and the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           Whereas the measures provided for in this Regulation are
                                                                      in accordance with the opinion of the Management
                                                                      Committe for Cereals,
Having regard to the Treaty establishing the European
Economic Community,
                                                                      HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No 2727/75                                              Article 1
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)            Article 5 of Regulation (EEC) No 1626/89 is hereby
 No 1834/89 (2),                                                      replaced by the following :
                                                                          Article 5
 Having regard to Council Regulation (EEC) No 2747/75                     1 . Notwithstanding Articles 5 of Regulations (EEC)
of 29 Ocotber 1975 laying down general rules to be                        No 3130/73 and (EEC) No 279/75, the Commission
applied in the event of the cereals market being                          shall decide in accordance with the procedure laid
disturbed (3), as amended by Regulation (EEC) No                          down in Article 26 of Regulation (EEC) No 2727/75 :
2560/77 (4), and in particular Article 2 (1 ) thereof,
                                                                          —- 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 2746/75                          and 3 of Regulation (EEC) No 2746/75,
of 29 October 1975 laying down general rules for granting                 — or to fix a minimum export levy, taking account
export refunds on cereals and criteria for fixing the                         in particular of the criteria laid down in Article 3
amount of such refunds (*), and in particular Article 5                       (1 ) (b) and (d) of Regulation (EEC) No 2747/75,
thereof,                                                                  — or to make no award.
                                                                          2. Where a maximum export refund is fixed, a
Whereas Commission Regulation (EEC) No 1626/89 (6)                        contract shall be awarded to any tenderer whose
opens an invitation to tender for the refund and/or levy                  tender indicates a rate of refund equal to or less than
for the export of durum wheat to countries of zones I, II,                such maximum export refund and to any tenderer
III, IV, V, VI, VII, VIII, the German Democratic Republic                 who has tendered for an export levy.
and the Canary Islands ;
                                                                          Where a minimum export levy is fixed, a contract
                                                                          shall be awarded to any tenderer whose tender
Whereas the aim of the measure calls for the granting of                  indicates a rate of levy equal to or greater than such
the refund in respect only of durum wheat meeting                         minimum export levy.
certain quality requirements which the competent agency                   3. A refund may only be granted where the quality
is to ensure are met ; whereas Regulation (EEC) No                        of the durum wheat exported is at least equal to the
 1 626/89 should be amended to that effect ;                              quality defined in Article 2 (2) of Commission
                                                                          Regulation (EEC) No 1 569/77 Q, with the exception
                                                                          of a maximum of 8 % broken grains. To that end, the
Whereas the detailed rules governing the invitation to                    competent agency shall have an approved agency or
tender were adopted with a view to the fixing of the                      company carry out an analysis of the goods loaded.
export levy in Commission Regulation (EEC) No                             Sampling and analysis costs shall be borne by the
3130/73 0, as last amended by Regulation (EEC) No                         successful tenderer.
2788/86 (8), and with a view to the fixing of the export
refund in Commission Regulation (EEC) No 279/75 (9), as                   4. Where the quality does not correspond to that
last amended by Regulation (EEC) No 2788/86 ;                             defined in paragraph 3, the refund shall be reduced by
                                                                          ECU 50 per tonne.
(') OJ  No  L 281 , 1 . 11 . 1975, p. 1 .                                 0 OJ No L 173, 14. 7. 1977, p. 15.'
0   OJ  No  L 180, 27. 6. 1989, p. 1 .
(3) OJ  No  L 281 , 1 . 11 . 1975, p. 82.
(4) OJ  No  L 303, 28. 11 . 1977, p. 1 .                                                          Article 2
0   OJ  No  L 281 , 1 . 11 . 1975, p. 78 .
(6) OJ  No  L 159, 10. 6. 1989, p. 33 .
0   OJ  No  L 319, 20. 11 . 1973 , p. 10.                             This Regulation shall enter into force on the day of its
(8) OJ  No  L 257, 10. 9 . 1986, p. 32.                               publication in the Official Journal of the European
0   OJ  No  L 31 , 5. 2. 1975, p. 8 .                                 Communities.
 ---pagebreak--- No L 228/ 16                    Official Journal of the European Communities                        5 . 8 . 89
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 4 August 1989.
                                                                    For the Commission
                                                                     Ray MAC SHARRY
                                                                Member of the Commission