31988R2751

3 . 9 . 88 Official Journal of the European' Communities No L 245/ 13

COMMISSION REGULATION (EEC) No 2751/88 of 2 September 1988 on a special intervention measure for durum wheat in Greece

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Commission Regulation (EEC) No 1 569/77 (3), as last amended by Regulation (EEC) No 2391 /88 (4) ; whereas the competent agency must make certain that the wheat Having regard to the Treaty establishing the European exported is of this standard ; whereas, however, given the Economic Community, age of a substantial proportion of the stocks in question, the maximum percentage for broken grains should be Having regard to Council Regulation (EEC) No 2727/75 increased to 8 % , that for miscellaneous impurities to of 29 October 1975 on the common organization of the 5 % and the minimum specific weight to 75 kilograms market in cereals ('), as last amended by Regulation (EEC) per hectolitre ; No 2221 /88 (2), and in particular Article 8 (3) thereof,

Whereas, in view of the objective pursued, the competent Whereas production of durum wheat in Greece exceeds agency must also make certain that the quantity for that country's requirements and substantial stocks still export contains a certain minimum percentage of durum remain from previous harvests, including that of 1986 ; wheat from the 1986 harvest :

Whereas the possibility of that surplus being absorbed by the Community market is very slight ; Whereas the nature and objectives of the said measure call for the application mutatis mutandis of Article 16 Regulation (EEC) No 2727/75 and the Regulations Whereas the Greek market must be relieved by the export adopted in implementation thereof, in particular Council of part of this surplus quantity of durum wheat to non-member countries ; whereas, in view of world market Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for granting export refunds on cereals prices for durum wheat, export is possible only with the and criteria for fixing the amount of such refunds (*) and aid of a refund ; Commission Regulation (EEC) No 279/75 of 4 February 1975 laying down detailed rules for the application of the Whereas, however, the refund arrangements laid down in system of tendering for export refunds on cereals (6), as Article 16 of Regulation (EEC) No 2727/75 apply to last amended by Regulation (EEC) No 2788/86 Q ; export from any Member State ; whereas such arrangements, therefore, are not only unsuitable for solving the problem in question but may also favour the Whereas, under the abovementioned Regulation (EEC) export of durum wheat from Member States where the No 279/75, the commitments on the part of the tenderer market situation is different from that in Greece ; 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 Whereas, unless adequate measures are taken, the tendering security of 12 ECU per tonne when they situation on the Greek market may be excepted to submit their tenders ; deteriorate, possibly giving rise to a serious storage problem and causing quantities of wheat to be sent into intervention, even in other Member States ; whereas, to Whereas, to ensure equal treatment of all concerned, it is prevent this, a special intervention measure within the necessary to stipulate that all the licences issued should meaning of Article 8 of Regulation (EEC) No 2727/75 have the same period of validity ; should be taken to relieve the Greek market, including the stocks of longest standing ; whereas, furthermore, such a measure should take the form of a direct export Whereas, to ensure the smooth operation of the export incentive, which would avoid the high cost to the tendering procedure, it is necessary to prescribe a Community budget of buying in and storing products minimum quantity to by tendered for and a time limit which would in any case then have to be exported ; and form for the communication of tenders submitted to whereas the granting of a refund, the amount of which the competent authorities ; would be determined by tendering and which would apply only to products exported from Greece, would be an appropriate measure for this purpose ; Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its Chairman, Whereas, given the purpose of the measure, refunds should be granted only on durum wheat of the quality required for acceptance for intervention, as defined in (3) OJ No L 174, 14. 7. 1977, p. 15. (4) OJ No L 205, 30. 7. 1988, p. 75. (*) OJ No L 281 , 1 . 11 . 1975, p. 78 . (') OJ No L 281 , 1 . 11 . 1975, p. 1 . Ì6) OJ No L 31 , 5. 2. 1975, p. 8. (2) OJ No L 197, 26. 7. 1988 , p. 16. 0 OJ No L 257, 10. 9. 1986, p. 32.

No L 245/ 14 Official Journal of the European Communities 3 . 9 . 88

HAS ADOPTED THIS REGULATION : Article 4

The security referred to in Article 3 of Regulation (EEC) Article 1 No 279/75 shall be 12 ECU per tonne.

1 . A special intervention measure in the form of an Article 5 export refund shall be applied in respect of 300 000 tonnes of durum wheat exported from Greece, 40 % of 1 . By way of derogation from Article 21 ( 1 ) of which must come from the 1986 Greek harvest. Commission Regulation (EEC) No 3183/80 (2), export licences in accordance with Article 8 ( 1 ) of Regulation Article 1 6 of Regulation (EEC) No 2727/75 and. the (EEC) No 279/75 shall, for the purpose of determining provisions adopted for the application of that Article shall their period of validity, be deemed to have been issued on apply mutatis mutandis to the said refund. the day when the tender was submitted.

2. The Greek intervention agency shall be responsible 2. Export licences issued in connection with the for implementing the measure referred to in paragraph 1 . invitation to tender pursuant to this Regulation shall be valid from their date of issue as defined in paragraph 1 until 30 September 1988 if they are issued on the basis of Article 2 a tender submitted before 16 September 1988 and until the end of the fourth month following that of issue if 1 . Tenders shall be invited in order to determine the they are issued on the basis of a tender submitted after 16 amount of the refund referred to in Article 1 . September 1988.

2. The invitation to tender shall relate to the quantity Article 6 of durum wheat referred' to in Article 1 (1 ) for export to the countries in zones I, II, III, IV, V, VI and VII listed in 1 . The Commission shall decide, under the procedure Annex I to Commission Regulation (EEC) No 1124/77 (') laid down in Article 26 of Regulation (EEC) No 2727/75, and the German Democratic Republic. However, the total either : quantity offered for sale by tender until 15 September 1988 shall not exceed 50 000 tonnes . — to fix a maximum export refund, taking account in particular of the criteria laid down in Articles 2 and 3 3 . The invitation shall remain open until 22 December of Regulation (EEC) No 2746/75, 1988 . During the period of its validity, weekly awards or shall be made for which the time limits for the — to make no award. submission of tenders shall be as prescribed in the notice of invitation to tender. 2. Where a maximum export refund is fixed, a contract shall be awarded to any tenderer whose tender indicates a 4. Tenders must be submitted to the Greek rate of refund equal to or less than such maximum export intervention agency named in the notice of invitation. refund .

5. The tendering procedure shall take place in 3. Refunds, once awarded, shall not be paid unless the accordance with this Regulation and Regulation (EEC) No undertaking referred to in the third indent of Article 3 (b) 279/75. has been met and the durum wheat exported is of at least intervention quality as defined in Regulation (EEC) No 1 569/77. However, the maximum percentage of broken Article 3 grains shall be 8 % , that of miscellaneous impurities 5 % and the minimum specific weight 75 kilograms per A tender shall be valid only if : hectolitre .

(a) it relates to not less than 1 000 tonnes, The competent agency shall have an analysis made of the loaded goods and shall hold at the Commission's disposal (b) it is accompanied by : an additional sample from each consignment, taken and — advance fixing of the Greek monetary compen­ sealed in the presence of the tenderer or his represen­ satory amount valid on each closing date for the tative . submission of tenders, Sampling and analysis costs shall be met by the tenderer. — the undertaking provided for in Article 2 (3) (b) of Regulation (EEC) No 279/75 to the effect that the Greece shall inform the Commission, before 5 September export licence will be applied for in Greece, 1988, of the additional measures planned to verify — an undertaking that at least 30 % of the quantity compliance with the conditions for the payment of the awarded will consist of wheat from one of the refund, in particular those relating to fulfilment of the stores appearing on the list referred to in the undertaking referred to in the third indent of Article 3 (b), fourth subparagraph of Article 6 (3). and shall forward to the Commission a list of the stores

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

3 . 9 . 88 Official Journal of the European Communities No L 245/ 15

containing durum wheat harvested in 1986 and intended If no tenders are received, the Greek intervention agency shall inform the Commission of this within the deadline for export, an updated version of the list being sent to the Commission after each tendering procedure. specified in the first paragraph.

The times fixed for the submission of tenders shall Article 7 correspond to Belgian time. Tenders submitted must reach the Commission through the intermediary of the Greek intervention agency at the Article 8 latest one and a half hours after expiry of the period for the weekly submission of tenders as specified in the This Regulation shall enter into force on the day notice of invitation to tender. Tenders must be following its publication in the Official Journal of the communicated in the form shown in the Annex hereto. European Communities.

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

Done at Brussels, 2 September 1988 .

For the Commission Frans ANDRIESSEN Vice-President

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 Quantity Amount of export refund of tenderer in tonnes in ECU per tonne

1

2

3

etc .