CELEX: 31989R0904
Language: en
Date: 1989-04-08 00:00:00
Title: Commission Regulation (EEC) No 904/89 of 6 April 1989 amending Regulation (EEC) No 212/89 on a special intervention measure for common wheat in Germany

8 . 4. 89                                   Official Journal of the European Communities                              No L 95/9
                                       COMMISSION REGULATION (EEC) No 904/89
                                                            of 6 April 1989
                  amending Regulation (EEC) No 212/89 on a special intervention measure for
                                                     common wheat in Germany
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European                                           Article 1
Economic Community,
                                                                      Article 1 (1 ) of Regulation (EEC) No 212/89 is hereby
Having regard to Council Regulation (EEC) No 2727/75                   replaced by the following :
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)                 ' 1 . A special intervention measure in the form of an
No 166/89 (2), and in particular Article 8 (3) thereof,                    export refund shall be applied in respect of 900 000
                                                                           tonnes of common wheat exported from Germany.'
Having regard to Council Regulation (EEC) No 2746/75
of 29 October 1975 laying down general rules for granting                                       Article 2
export refunds on cereals and criteria for fixing the
amount of such refunds (3), and in particular Article 5                Article 6 (3) of Regulation (EEC) No 212/89 is hereby
thereof,                                                               replaced by the following :
                                                                           *3. A refund awarded shall not be paid unless the
Whereas Commission Regulation (EEC) No 212/89 (4), as                       common wheat exported is at least of intervention
last amended by Regulation (EEC) No 620/89 (*), opens                       quality as defined in Article 2 (2) of Commission
an invitation to tender for the export refund for common                    Regulation (EEC) No 1569/77 (■).
wheat ;
                                                                           — However, as regards the moisture content,
Whereas, in the present situation, the quantity put up for                      Commission Regulation (EEC) No 2469/88 (2)
 tender should be increased ;                                                   shall apply.
                                                                            — The protein content may not be less than 12,5 % .
Whereas the quality criteria laid down should be made                       Where the quality does not comply with the standards
 stricter in order to ensure that the invitation to tender in
                                                                            laid down in this paragraph, the refund shall be
 question proceeds smoothly ;                                               reduced by ECU 20 per tonne.
 Whereas provision should be made, where the wheat does                     0) OJ No L 174, 14. 7. 1977, p. 15.
 not correspond to the quality required, for a reduction to                 (a) OJ No L 213, 6. 8. 1988, p. 5.'
 be applied to the refund instead of its being totally
 forfeited ;                                                                                     Article 3
 Whereas the measures provided for in this Regulation are               This Regulation shall enter into force on the day of its
 in accordance with the opinion of the Management                       publication in the Official Journal of the European
 Committee for Cereals,                                                 Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 6 April 1989.
                                                                                  For the Commission
                                                                                   Ray MAC SHARRY
                                                                               Member of the Commission
 (') OJ  No  L 281 , 1 . 11 . 1975, p. 1 .
 0   OJ  No  L 20, 25.   1 . 1989, p. 16.
 O   OJ  No  L 281 , 1 . 11 . 1975, p. 78 .
 (4) OJ  No  L 25, 28 .  1 . 1989, p. 67.
 0   OJ  No  L 68, 11 .  3. 1989, p . 11 .