CELEX: 31989R3950
Language: en
Date: 1989-12-28 00:00:00
Title: Commission Regulation (EEC) No 3950/89 of 20 December 1989 on a special intervention measure for common wheat in Germany

28 . 12. 89                             Official Journal of the European Communities                            No L 379 /41
                                     COMMISSION REGULATION (EEC) No 3950/89
                                                    of 22 December 1989
                         on a special intervention measure for common wheat in Germany
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       quality required for acceptance into intervention as
                                                                  defined in Commission Regulation (EEC) No 1 569/77 (3),
Having regard to the Treaty establishing the European             as last amended by Regulation (EEC) No 1663/89 (4);
Economic Community,                                               whereas the competent agency must ensure that the
                                                                   quality of the quality of the common wheat exported
                                                                   conforms to requirements ;
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)        Whereas the nature and objectives of the said measures
No 3707/89 (2), and in particular Article 8 (3) thereof,           make it appropriate to apply in respect of it mutatis
                                                                   mutandis Article 16 of Regulation (EEC) No 2727/75 and
Whereas production of common wheat in Germany                      the Regulations adopted for the application thereof, in
exceeds that country's requirements ;                              particular Council Regulation (EEC) No 2746/75 of 29
                                                                   October 1975 laying down general rules for granting
                                                                   export refunds on cereals and criteria for fixing the
Whereas the possibility of that surplus being absorbed by          amount of such refunds (*) and Commission Regulation
the Community market is slight ;                                   (EEC) No 279/75 of 4 February 1975 laying down
                                                                   detailed rules for the application of the system of tender­
Whereas the German market can be relieved by the                   ing for export refunds on cereals (6), as last amended by
export of part of this surplus quantity of common wheat            Regulation (EEC) No 2788/86 0 ;
to third countries ; whereas, in view of world market
prices for common wheat, export is possible only with the
aid of a refund ;                                                  Whereas, since the concerned parties are already aware of
                                                                   the terms of the invitation, a derogation may be made
                                                                   from the provisions of Regulation (EEC) No 279/75 on
Whereas, however, the refund arrangements laid down in             the period that must elapse between the date of publica­
Article 16 of Regulation (EEC) No 2727/75 apply to                 tion and the first closing date for the submission of
export from any Member State ; whereas such arrange­               tenders ;
ments, therefore, are not only unsuitable for solving the
problem in question but may also encourage the export of
common wheat from Member States where the market                   Whereas, under the abovementioned Regulation (EEC)
situation is different from that in Germany ;                      No 279/75, the commitments on the part of the tenderer
                                                                   include the obligation to lodge an application for an
Whereas, in the absence of adequate measures, massive              export licence ; whereas compliance with this obligation
quantities of common wheat may be expected to enter                may be ensured by requiring tenderers to lodge a
intervention storage in Germany in accordance with                 tendering security of ECU 12 per tonne when they
Article 7 of Regulation (EEC) No 2727/75, the only possi­          submit their tenders ;
bility of disposal being in any case export to third coun­
tries ; whereas, to avoid the abovementioned intervention,
                                                                   Whereas, in order to ensure equal treatment of all
a special intervention measure intended to relieve the
German market should be taken under Article 8 of the               concerned, it is necessary to make provision for the
said Regulation ; whereas, furthermore, such a measure
                                                                   licences issued to have an identical period of validity ;
should take the form of a direct export incentive, which
would avoid the high cost to the Community budget of               Whereas, in order to ensure the smooth operation of the
buying in and storing products which would in any case             export tendering procedure, it is appropriate to prescribe a
then have to be exported ; whereas the granting of a               minimum quantity to be tendered for and a time limit
refund, the amount of which would be determined by                 and form for the communication of tenders submitted to
tendering and which would apply only to products                   the competent authorities ;
exported from Germany would be an appropriate measure
for this purpose ;
                                                                  Whereas the measures provided for in this Regulation are
Whereas the objective of the measure justifies the gran­           in accordance with the opinion of the Management
ting of full refunds in respect only of common wheat with          Committee for Cereals,
a protein content of at least 13,3 % ; whereas, however,
the common wheat exported must be at least of the                 (3) OJ  No  L  174, 14. 7. 1977, p. 15.
                                                                  O   OJ  No  L  163, 14. 6. 1989, p. 13.
                                                                  O   OJ  No  L 281 , 1 . 11 . 1975, p. 78.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .                           (6) OJ  No  L 31 , 5. 2. 1975, p. 8 .
(2) OJ No L 363, 13 . 12. 1989, p. 1 .                            o   OJ  No  L 257, 10. 9. 1986, p. 32.
 ---pagebreak--- No L 379/42                           Official Journal of the European Communities                                28 . 12. 89
HAS ADOPTED THIS REGULATION :                                                              Article 5
                          Article 1                              1 . By way of derogation from Article 21 (1 ) of
                                                                Commission Regulation (EEC) No 3183/80 0, export
1 . A special intervention measure in the form of an            licences issued in accordance with Article 8 (1 ) of Regula­
export refund shall be applied in respect of 1 50 000           tion (EEC) No 279/75 shall, for the purpose of
tonnes of common wheat exported from the German                 determining their period of validity, be deemed to have
market ;                                                        been issued on the day on which the tender was
                                                                submitted.
Article 16 of Regulation (EEC) No 2727/75 and the pro­
visions adopted for the application of that Article shall       2. Export licences issued in connection with the invita­
apply mutatis mutandis to the said refund.                       tion to tender pursuant to this Regulation shall be valid
                                                                from their date of issue, as defined in .paragraph 1 , until
2. The German intervention agency shall be respon­              the end of the third month following that of issue.
sible for implementing the measure provided for in para­
graph 1 .
                                                                                           Article 6
                          Article 2
                                                                 1 . The Commission shall decide, under the procedure
1.     Tenders shall be invited in order to determine the        kid down in Article 26 of Regulation (EEC) No 2727/75,
amount of the refund referred to in Article 1 .                  either :
2. The invitation to tender shall relate to the quantity        — to fix a maximum export refund, taking account in
of common wheat referred to in Article 1 (1 ) for export to          particular of the citeria laid down in Articles 2 and 3
the countries of zones I, II, III, IV, V, VI, VII and VIII,          of Regulation (EEC) No 2746/75, or
and the Canary Islands as defined in Annex I to Commis­          — to make no award.
sion Regulation (EEC) No 1124/77 0.
3.     The invitation shall remain open until 31 May 1990.       2. Where a maximum export refund is fixed, a contract
During the period of its validity weekly awards shall be         shall be awarded to any tenderer whose tender indicates a
made, for which the time limits for the submission of            rate of refund equal to or less than such maximum export
                                                                 refund.
tenders shall be as prescribed in the notice of invitation to
tender.
                                                                 3. Export refunds awarded may be granted only if the
By way of derogation from Article 1 (2) of Regulation            common wheat exported has a protein content of at least
(EEC) No 279/75, the time limit for submission of                13,3 % . A reduction of ECU 10 per tonne in the refund
tenders under the first partial invitation to tender shall       awarded shall apply where the wheat exported has a
expire on 4 January 1990.                                        protein content of less than 13,3 % . However, the quality
                                                                 of wheat exported must at least comply with the condi­
4.     Tenders must be submitted to the German interven­         tions laid down for common wheat in the Annex to
tion agency named in the notice of invitation.                   Regulation (EEC) No 1569/77 with the exception of the
                                                                 maximum moisture content, which is hereby altered to
5. The tendering procedure shall take place in accord­            15 % . No refund shall be granted if the quality does not
ance with this Regulation and Regulation (EEC) No                meat those conditions.
279 /75 .
                                                                 To that end, the competent agency shall have an analysis
                          Article 3                              made, by an approved body or company, of the loaded
                                                                 goods and shall hold at the Commission's disposal an
A tender shall be valid only if :                                additional sample from each consignment taken and
— it relates to not less than 1 000 tonnes,                      sealed in the presence of the successful tenderer or his
— it is accompanied by :                                         representative.
     — advance fixing of the German monetary compen­             Sampling and analysis costs shall be met by the tenderer.
         satory amount valid on each closing date for the
         submission of tenders,
     — the undertaking provided for in Article 2 (3) (b) of                                Article 7
         Regulation (EEC) No 279/75 that the export
         licence will be applied for in Germany.                 Tenders submitted must reach the Commission through
                                                                 the intermediary of the German intervention agency at
                           Article 4                             the latest one and a half hours after expiry of the period
                                                                 for the weekly submission of tenders as specified in the
The security referred to in Article 3 of Regulation (EEC)         notice of invitation to tender. They must be communi­
 No 279/75 shall be ECU 12 per tonne.                            cated in the form indicated in the Annex.
 (') OJ No L 134, 28. 5. 1977, p. 53.                            (2) OJ No L 338, 13. 12. 1980, p. 1 .
 ---pagebreak--- 28 . 12. 89                           Official Journal of the European Communities                             No L 379/43
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, 22 December 1989 .
                                                                              For the Commission
                                                                               Ray MAC SHARRY
                                                                          Member of the Commission
                                                              ANNEX
                Weekly tender for the refund for the 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 3950/89)
                                     (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.