31988R0633

9 . 3 . 88 Official Journal of the European Communities No L 63/9

COMMISSION REGULATION (EEC) No 633/88 of 8 March 1988 on a special intervention measure for common wheat of breadmaking quality in Germany

THE COMMISSION OF 'THE EUROPEAN COMMUNITIES, for acceptance for intervention, as defined in Commission Regulation (EEC) No 1 570/77 (3), as last amended by Having regard to the Treaty establishing the European Regulation (EEC) No 2258/87 (4) ; whereas the competent Economic Community, agency must make certain that wheat exported is of this standard ;

Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the Whereas the nature and objectives of the said measures market in cereals ('), as last amended by Regulation (EEC) make it appropriate to apply in respect of it mutatis No 3989/87 (2), and in particular Article 8 (4) thereof, mutandis Article 16 of Regulation (EEC) No 2727/75 and the Regulations adopted for the application thereof, in Whereas production of common wheat of breadmaking particular Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for granting quality in Germany exceeds that country's requirements ; export refunds on cereals and criteria for fixing the amount of such refunds^5) and Commission Regulation Whereas the possibility of that surplus being absorbed by (EEC) No 279/75 of 4 February 1975 laying down the Community market is slight ; detailed rules for the application of the system of tende­ ring for export refunds on cereals (6), as last amended by Whereas the German market can be relieved by the Regulation (EEC) No 2944/78 f7) ; export of part of this surplus quantity of common wheat of breadmaking quality to third countries ; whereas, in view of world market prices for common wheat of bread­ Whereas, since the concerned parties are already aware of the terms of the invitation, a derogation may be made making quality, export is possible only with the aid of a refund ; from the provisions of Regulation (EEC) No 279/75 on the period that must elapse between the date of publica­ tion and the first closing date for the submission of Whereas, however, the refund arrangements laid down in tenders ; Article 16 of Regulation (EEC) No 2727/75 apply to export from any Member State ; whereas such arrange­ ments, therefore, are not only unsuitable for solving the Whereas, under the abovementioned Regulation (EEC) problem in question but may also encourage the export of No 279/75, the commitments on the part of the tenderer bread-making quality from Member States where the include the obligation to lodge an application for an market situation is different from that in Germany ; export licence ; whereas compliance with this obligation may be ensured by requiring tenderers to lodge a Whereas, in the absence of adequate measures, massive tendering security of 12 ECU per tonne when they submit their tenders ; quantities of breadmaking wheat may be expected to enter intervention storage in Germany in accordance with Article 7 of Regulation (EEC) No 2727/75, the only possi­ Whereas, in order to ensure equal treatment of all bility of disposal being in any case export to third coun­ concerned, it is necessary to make provision for the tries ; whereas, to avoid the abovementioned intervention, licences issued to have an identical period of validity ; a special intervention measure intended to relieve the German market should be taken under Article 8 of the said Regulation ; whereas, furthermore, such a measure Whereas, in order to ensure the smooth operation of the should take the form of a direct export incentive, which export tendering procedure, it is appropriate to prescribe a would avoid the high cost to the Community budget of minimum quantity to be tendered for and a time limit buying in and storing products which would in any case and form for the communication of tenders submitted to then have to be exported ; whereas the granting of a the competent authorities ; refund, the amount of which would be determined by tendering and which would apply only to products exported from Germany would be an appropriate measure Whereas the measures provided for in this Regulation are for this purpose ; in accordance with the opinion of the Management Committee for Cereals, Whereas the purpose of the measure is such that refunds should be granted only on wheat of the quality required (3) OJ No L- 174, 14. 7. 1977, p. 18 . (4) OJ No L 208, 30. 7. 1987, p. 10. (Ó OJ No L 281 , 1 . 11 ,- 1975, p. 78. (>) OJ No L 281 , 1 . 11 . 1975, p. 1 . («) OJ No L 31 , 5. 2. 1975, p. 8. (A OJ No L 377, 31 . 12. 1987, p. 1 . 0 OJ No L 351 , 15. 12. 1978, p. 16.

No L 63/ 10 Official Journal of the European Communities 9 . 3 . 88

HAS ADOPTED THIS REGULATION : Article 5

1 . By way of derogation from Article 21 (1 ) of Article 1 Commission Regulation (EEC) No 3183/80 ('), export licences issued in accordance with Article 8 (1 ) of Regula­ 1 . A special intervention measure in the form of an tion (EEC) No 279/75 shall, for the purpose of export refund shall be applied in respect of 100 000 determining their period of validity, be deemed to have tonnes of common wheat of breadmaking quality been issued on the day on which the tender was exported from Germany. submitted.

Article 16 of Regulation (EEC) No 2727/75 and the pro­ 2. Export licences issued in connection with the invita­ visions adopted for the application of that Article shall 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 laid down in Article 26 of Regulation (EEC) No 2727/75, 1 . Tenders shall be invited in order to determine the either : amount of the refund referred to in Article 1 . — to fix a maximum export refund, taking account in 2. The invitation to tender shall relate to the quantity particular of the citeria laid down in Articles 2 and 3 of common wheat of breadmaking quality referred to in of Regulation (EEC) No 2746/75, or Article 1 ( 1 ) for export to Poland. — to make no award . 3. The invitation shall remain open until 31 March 1988. During the period of its validity weekly awards shall 2. Where a maximum export refund is fixed, a contract be made, for which the time limits for the submission of shall be awarded to any tenderer whose tender indicates a tenders shall be as prescribed in the notice of invitation to rate of refund equal to or less than such maximum export tender. refund .

By way of derogation from Article 1 (2) of Regulation 3. Where the quality does not meet that defined in the (EEC) No 279/75, the time limit for submission of second subparagraph of Article 4a (1 ) of Regulation (EEC) tenders under the first partial invitation to tender shall No 1570/77, the refund shall be reduced by 10 ECU per expire on 10 March 1988 . tonne, provided however that the quality meets at least the conditions laid down for common wheat in the 4. Tenders must be submitted to the German interven­ Annex to Commission Regulation (EEC) No 1 569/77 (2). tion agency named in the notice of invitation. No refund shall be granted where the quality does not meet the latter conditions either. 5. The tendering procedure shall take place in accor­ dance with this Regulation and Regulation (EEC) No To that end, the competent agency shall have an analysis 279/75. made, by an approved body or company, of the loaded goods and shall hold at the Commission's disposal an additional sample from each consignment taken and Article 3 sealed in the presence of the successful tenderer or his representative. A tender shall be valid only if : — it relates to not less than 1 000 tonnes, Sampling and analysis costs shall be met by the tenderer. — it is accompanied by : — advance fixing of the German monetary compen­ Article 7 satory amount valid on each closing date for the submission of tenders, Tenders submitted must reach the Commission through — the undertaking provided for in Article 2 (3) (b) of Regulation (EEC) No 279/75 that the export the intermediary of the German intervention agency at the latest one and a half hours after expiry of the period licence will be applied for in Germany. for the weekly submission of tenders as specified in the notice of invitation to tender. They must be communi­ Article 4 cated in the form indicated in the Annex.

The security referred to in Article 3 of Regulation (EEC) (') OJ No L 338, 13. 12. 1980, p. 1 . No 279/75 shall be 12 ECU per tonne. 0 OJ No L 174, 14. 7. 1977, p. 15.

9 . 3 . 88 Official Journal of the European Communities No L 63/ 11

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, 8 March 1988 . For the Commission Frans ANDRIESSEN Vice-President

ANNEX

Weekly tender for the refund for the refund for the export of comon wheat of breadma­ king quality to Poland

(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 1

etc.