Commission Regulation (EEC) No 2050/91 of 12 July 1991 on a special intervention measure for durum wheat in Greece

COMMISSION REGULATION (EEC) No 2050/91  of 12 July 1991  on a special intervention measure for durum wheat in Greece
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 3577/90 (2), and in particular Article 8 (4) thereof,
Whereas production of durum wheat in Greece exceeds that country's requirements;
Whereas the possibility of that surplus being absorbed by the Community market is very slight;
Whereas the Greek market can be relieved by the export of part of this surplus quantity of durum wheat to non-member countries; whereas, in view of world market prices for durum wheat, export is possible only with the aid of a refund;
Whereas, however, the refund arrangements laid down in Article 16 of Regulation (EEC) No 2727/75 apply to export from any Member State; whereas such arrangements, therefore, are not only unsuitable for solving the problem in question but may also favour  the export of durum wheat from Member States where the market situation is completely different from that in Greece;
Whereas, in the absence of adequate measures, massive quantities of durum wheat may be expected to enter intervention storage in Greece, in accordance with Article 7 of Regulation (EEC) No 2727/75, the only possibility of disposal being in any case  export to non-member countries; whereas, to avoid the abovementioned intervention, a special intervention measure intended to relieve the Greek market should be taken under Article 8 of the said Regulation; whereas, furthermore, such a measure should  take the form of a direct export incentive, which would avoid the high cost to the Community budget of buying in and storing products which would in any case then have to be exported; whereas the granting of a refund, the amount of which would be  determined by tendering and which would apply only to products produced in and exported from Greece, would be an appropriate measure for this purpose;
Whereas the purpose of the measure is such that refunds should be granted only on wheat of the quality required for acceptance for intevention in Greece, as defined in Commission Regulation (EEC) No 1569/77 (3), as last amended by Regulation (EEC) No  1841/90 (4); whereas the competent agency must make certain that wheat exported is of this standard, however, the maximum percentage for broken grains is increased to 8 %;
Whereas the nature and objectives of the said measures make it appropriate to apply in respect of it mutatis mutandis Article 16 of Regulation (EEC) No 2727/75 and the Regulations adopted for the application thereof, in 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 amount of such refunds (5) and Commission Regulation (EEC) No 279/75 of 4 February 1975 laying down detailed rules for the  application of the system of tendering for export refunds on cereals (6), as last amended by Regulation (EEC) No 2788/86 (7);
Whereas, under the abovementioned Regulation (EEC) No 279/75, the commitments on the part of the tenderer include the obligation to lodge an application for an export licence; whereas compliance with this obligation may be ensured by requiring tenderers  to lodge a tendering security of 12 ECU per tonne when they submit their tenders;
Whereas, in order to ensure equal treatment of all concerned, it is necessary to make provision for the licences issued to have an identical period of validity;
Whereas, in order to ensure the smooth operation of the export tendering procedure, it is appropriate to prescribe a minimum quantity to be tendered for and a time limit and form for the communication of tenders submitted to the competent authorities;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,