31987R3455

No L 328 /32 Official Journal of the European Communities 19 . 11 . 87

COMMISSION REGULATION (EEC) No 3455/87 of 18 November 1987 amending Regulation (EEC) No 1705/87 as regards the minimum quality required for exportation of durum wheat

THE COMMISSION OF THE EUROPEAN COMMUNITIES, dance with the procedure laid down in Article 26 of Regulation (EEC) No 2727/75 : Having regard to the Treaty establishing the European Economic "Community, — 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 2727/75 and 3 of Regulation (EEC) No 2746/75, or of 29 October 1975 on the common organization of the — to make no award. market in cereals ('), as last amended by Regulation (EEC) No 1900/87 (2), 2. Where a maximum export refund is fixed, the contract shall be awarded to the tenderers) whose Having regard to Council Regulation (EEC) No 2746/75 tenders) is equal to or less than such maximum of 29 October 1975 laying down general rules for granting export refund. export refunds on cereals and criteria for fixing the amount of such refunds (3), and in particular Article 5 3 . The refund may not be granted if the quality of thereof, the durum wheat exported is inferior to the quality defined in Article 2 (2) of Commission Regulation Whereas the purpose of Commission Regulation (EEC) (EEC) No 1569/77 (2) with the exception of impurities No 1705/87 (4) will be served unless the refund is granted constituted by grains (other than mottled grains and only on durum wheat of the quality required for the grains affected with fusariosis) : 7 % maximum of normal uses to which it is put ; whereas a minimum which 5 % of common wheat or orther cereals. quality should therefore be set ; whereas the relevant agency must ensure that the wheat exported meets this To that end the relevant agency shall have the wheat standard ; loaded analysed by an approved agency or firm. Whereas the measures provided for in this Regulation are Sampling and analysis costs shall be met by the in accordance with the opinion of the Management tenderer. Committee for Cereals, 4. Should the wheat not be of the quality specified in paragraph 3, the refund shall be reduced by 45 ECU per tonne. HAS ADOPTED THIS REGULATION : 0 OJ No L 31 , 5. 2. 1975? p. 8 . Article 1 (2) OJ No L 174, 14. 7. 1977, p. 15.'

Article 5 of Regulation (EEC) No 1705/87 is hereby replaced by the following : Article 2 'Article 5 This Regulation shall enter into force on the day of its 1 . Notwithstanding Article 5 of Regulation (EEC) publication in the Official Journal of the European No 279/75 ('), the Commission shall decide, in accor­ Communities.

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

Done at Brussels, 18 November 1987. For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 182, 3 . 7. 1987, p. 40 . 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . 0 OJ No L 159, 19 . 6. 1987, p. 12.