31982R1960

No L 212/38 Official Journal of the European Communities 21 . 7 . 82

COMMISSION REGULATION (EEC) No 1960/82 of 20 July 1982 on a special intervention measure for durum wheat in Greece

THE COMMISSION OF THE EUROPEAN non-member countries ; whereas, to avoid the above­ COMMUNITIES, mentioned intervention, a . special intervention measure intended to relieve the Greek market should Having regard to the Treaty establishing the European be taken under Article 8 of the said Regulation ; Economic Community, 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 Having regard to Council Regulatipn (EEC) No and storing products which would in any case then 2727/75 of 29 October 1975 on the common organi­ have to be exported ; whereas the grant of a refund, zation of the market in cereals ('), as last amended by whose amount would be determined by tendering and Regulation (EEC) No 1451 /82 (2), and in particular which would apply only to products exported from Article 8 (4) thereof, Greece, would be an appropriate measure for this purpose ; Whereas the production of durum wheat in Greece greatly exceeds that country's requirements ; whereas this has already led to substantial intervention Whereas the nature and objectives of the said measures during the 1981 /82 marketing year ; measures make it appropriate to apply in respect of it, mutatis mutandis, Article 16 of Regulation (EEC) No Whereas the latest information available indicates that 2727/75 and the Regulations adopted for the applica­ tion thereof, in particular Council Regulation (EEC) the durum wheat harvest in Greece will be particularly No 2746/75 of 29 October 1975 laying down general abundant in 1982/83, mainly because of a big increase rules for granting export refunds on cereals and criteria in the area devoted to that crop ; whereas, in view of for fixing the amount of such refunds (3), and Commis­ the Greek market's requirements, there will be a sion Regulation (EEC) No 279/75 of 4 February 1975 substantial surplus on that market in the said laying down detailed rules for the application of the marketing year ; system of tendering for export refunds on cereals (4), as last amended by Regulation (EEC) No 2944/78 (*) ; Whereas the possibility of that surplus being absorbed by the Community market is very slight, mainly because of the production and marketing structure for Whereas, under the abovementioned Regulation (EEC) durum wheat in Greece ; 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 Whereas the Greek market can be relieved by the obligation may be ensured by requiring tenderers to export of part of this surplus quantity of durum wheat to non-member countries ; whereas, in view of world lodge a tendering security of 12 ECU per tonne when they submit their tenders ; market prices for durum wheat, export is possible only with the aid of a refund ; Whereas, in order to ensure equal treatment of all Whereas, however, the refund arrangements laid down concerned, it is necessary to make provision for the in Article 1 6 of Regulation (EEC) No 2727/75 apply to licences issued to have an identical period of validity ; export from any Member State ; whereas such arrange­ ments, therefore, are not only unsuitable for solving Whereas, in order to ensure the smooth operation of the problem in question but may also favour the the export tendering procedure, it is appropriate to export of durum wheat from Member States where the market situation is completely different from that in prescribe a minimum quantity to be tendered for and a time limit and form for the communication of Greece ; tenders submitted to the competent authorities ; Whereas, in the absence of adequate measures, massive quantities of durum wheat may be expected to enter Whereas the measures provided for in this Regulation intervention storage in Greece, in accordance with are in accordance with the opinion of the Management Article 7 of Regulation (EEC) No 2727/75, the only Committee for Cereals, possibility of disposal being in any case export to

(3) OJ No L 281 , 1 . 11 . 1975, p. 78 . (') OJ No L 281 , 1 . 11 . 1975, p. 7. (4) OJ No L 31 , 5 . 2. 1975, p. 8 . (2) OJ No L 164, 14. 6. 1982, p. 1 . 0 OJ No L 351 , 15. 12. 1978 , p. 16.

21 . 7 . 82 Official Journal of the European Communities No L 212/39

HAS ADOPTED THIS REGULATION : Article 5

1 . By way of derogation from Article 21 (1 ) of Article 1 Commission Regulation (EEC) No 3183/80 (2), export licences issued in accordance with Article 8 ( 1 ) of 1 . A special intervention measure in the form of an Regulation (EEC) No 279/75 shall, for the purpose of export refund shall be applied in respect of 150 000 determining their period of validity, be deemed to tonnes of durum wheat exported from Greece. have been issued on the day on which the tender was submitted. Article 16 of Regulation (EEC) No 2727/75 and the provisions adopted for the application of that Article shall apply, mutatis mutandis, to the said refund. 2. Export licences issued in connection with the invitation to tender pursuant to this Regulation shall 2. The Greek intervention agency shall be respon­ be valid from their date of issue, as defined in para­ sible for implementing the measure referred to in graph 1 , until the end of the third month following that of issue . paragraph 1 .

Article 2 Article 6 1 . Tenders shall be invited in order to determine the amount of the refund referred to in Article 1 . 1 . The Commission shall decide, under the proce­ dure laid down in Article 26 of Regulation (EEC) No 2. The invitation to tender shall relate to the quan­ 2727/75, either : tity of durum wheat referred to in Article 1 ( 1 ) for — to fix a maximum export refund, taking account in export to the countries in Zones I, II, III, IV, V, VI particular of the criteria laid down in Articles 2 and VII listed in Annex I to Regulation (EEC) No and 3 of Regulation (EEC) No 2746/75, or 1 1 24/77 (') and the German Democratic Republic. — to make no award . 3 . The invitation shall remain open until 22 December 1982. During the period of its validity 2. Where a maximum export refund is fixed, a weekly awards shall be made, for which the time limits contract shall be awarded to any tenderer whose tender for the submission of tenders shall be as prescribed in indicates a rate of refund equal to or less than such the notice of invitation to tender. maximum export refund.

4. Tenders must be submitted to the Greek inter­ vention agency named in the notice of invitation. Article 7 5. The tendering procedure shall take place in accordance with this Regulation and Regulation (EEC) Tenders submitted must reach the Commission No 279 /75. through the intermediary of the Greek intervention agency at the latest one and a half hours after expiry of the period for the weekly submission of tenders as Article 3 specified in the notice of invitation to tender. They must be communicated in the form indicated in the A tender shall be valid only if : Annex .

— it relates to not less than 1 000 tonnes, If no tenders are received, the Greek intervention — it is accompanied by : agency shall inform the Commission of this within the — advance fixing of the Greek monetary compen­ period indicated in the first paragraph . satory amount valid on each closing date for the submission of tenders, The times fixed for the submission of tenders shall — the undertaking provided for in Article 2 (3) (b) correspond to Belgian time. of Regulation (EEC) No 279/75 that the export licence will be applied for in Greece. Article 8 Article 4 This Regulation shall enter into force on the day The security referred to in Article 3 of Regulation following its publication in the Official Journal of the (EEC) No 279/75 shall be 12 ECU per tonne. European Communities.

(') OJ No L 134, 28 . 5. 1977, p. 53 . 0 OJ No L 338 , 13 . 12. 1980, p. 1 .

No L 212/40 Official Journal of the European Communities 21 . 7 . 82

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 20 July 1982.

For the Commission Poul DALSAGER Member of the Commission

ANNEX

Weekly tender for the refund for the export of durum wheat to countries in Zones I, II, III, IV, V, VI and VII and the German Democratic Republic

(Closing date for the submission of tenders* (date/time))

1 2 3

Number of tenderer Quantity Amount of export refund in tonnes in drachmas per tonne

. 1 2 3 etc.