31989R0212
28 . 1 . 89 No L 25/67 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 212/89 of 27 January 1989 on a special intervention measure for common wheat in Germany
THE COMMISSION OF THE EUROPEAN COMMUNITIES, for acceptance for intervention, as defined in Commission Regulation (EEC) No 1569/77 0, as last amended by Regulation (EEC) No 3495/88 (4) ; whereas the competent Having regard to the Treaty establishing the European agency must make certain that wheat exported is of this Economic Community, 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 1 66/89 (2), and in particular Article 8 (3) thereof, mutandis Article 16 of Regulation (EEC) No 2727US and the Regulations adopted for the application thereof, in particular Council Regulation (EEC) No 2746/75 of 29 Whereas production of common wheat in Germany October 1975 laying down general rules for granting exceeds that country's requirements ; export refunds on cereals and criteria for fixing the amount of such refunds (*) and Commission Regulation (EEC) No 279/75 of 4 February 1975 laying down Whereas the possibility of that surplus being absorbed by detailed rules for the application of the system of tender the Community market is slight ; ing for export refunds on cereals (*), as last amended by Regulation (EEC) No 2788/86 f); Whereas the German market can be relieved by the export of part of this surplus quantity of common wheat to third countries ; whereas, in view of world market Whereas, since the concerned parties are already aware of prices for common wheat, export is possible only with the the terms of the invitation, a derogation may be made 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 common wheat from Member States where the market include the obligation to lodge an application for an situation is different from that in Germany ; export licence ? whereas compliance with this obligation may be ensured by requiring tenderers to lodge a tendering security of ECU 12 per tonne when they Whereas, in the absence of adequate measures, massive submit their tenders ; quantities of common 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 die 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 (J) OJ No L 174, 14. 7. 1977, p. 15. (4) OJ No L 306, 11 . 11 . 1988, p. 26. (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 . M OJ No L 20, 25. 1 . 1989, p. 16. 0 OJ No L 257, 10. 9. 1986, p. 32.
No L 25/68 28 . 1 . 89 Official Journal of the European Communities
HAS ADOPTED THIS REGULATION : Article 4
The security referred to in Article 3 of Regulation (EEC) Article 1 No 279/75 shall be ECU 12 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 common wheat exported from Germany. 1 . By way of derogation from Article 21 ( 1 ) of Article 16 of Regulation (EEC) No 2727/75 and the pro Commission Regulation (EEC) No 3183/80 (2), export visions adopted for the application of that Article shall licences issued in accordance with Article 8 (1 ) of Regula apply mutatis mutandis to the said refund. tion (EEC) No 279/75 shall, for the purpose of determining their period of validity, be deemed to have been issued on the day on which the tender was 2. The German intervention agency shall be respon submitted. sible for implementing the measure provided for in para graph 1 . 2. Export licences issued in connection with the invita tion to tender pursuant to this Regulation shall be valid from their date of issue, as defined in paragraph 1 , until Article 2 the end of the fourth month following that of issue.
1 . Tenders shall be invited in order to determine the amount of the refund referred to in Article 1 . Article 6
2. The invitation to tender shall relate to the quantity 1 . The Commission shall decide, under the procedure of common wheat referred to in Article 1 (1 ) for export to laid down in Article 26 of Regulation (EEC) No 2727/75, the countries of zones I, II, III, IV, V, VI, VII and VIII, either : and the Canary Islands as defined in Annex I to Commis -— to fix a maximum export refund, taking account in sion Regulation (EEC) No 11 24/77 ('). particular of the citeria laid down in Articles 2 and 3 of Regulation (EEC) No 2746/75, or 3. The invitation shall remain open until 25 May 1989. — to make no award. During the period of its validity weekly awards shall be made, for which the time limits for the submission of tenders shall be as prescribed in the notice of invitation to 2. Where a maximum export refund is fixed, a contract tender. shall be awarded to any tenderer whose tender indicates a rate of refund equal to or less than such maximum export refund. By way of derogation from. Article 1 (2) of Regulation (EEC) No 279/75, the time limit for submission of 3. A refund awarded shall not be paid unless the tenders under the first partial invitation to tender shall common wheat exported is of at least intervention quality expire on 2. February 1989. as defined in Article 2 (2) of Regulation (EEC) No 1569/77. As regards the level of humidity, Regulation 4. Tenders must be submitted to the German interven (EEC) No 2469/88 (3) is applicable. tion agency named in the notice of invitation. To that end, the competent agency shall have an analysis 5. The tendering procedure shall take place in accord made, by an approved body or company, of the loaded ance with this Regulation and Regulation (EEC) No goods and shall hold at the Commission's disposal an 279/75. additional sample from each consignment taken and sealed in the presence of the successful tenderer or his representative. Article 3 Sampling and analysis costs shall be met by the tenderer. A tender shall be valid only if :
— it relates to not less than 1 000 tonnes, ' Article 7 — it is accompanied by : Tenders submitted must reach the Commission through — advance fixing of the German monetary compen the intermediary of the German intervention agency at satory amount valid on each closing date for the the latest one and a half hours after expiry of the period submission of tenders, for the weekly submission of Renders as specified in the — the undertaking provided for in Article 2 (3) (b) of notice of invitation to tender. They must be communi Regulation (EEC) No 279/75 that the export cated in the form indicated in the Annex. licence will be applied for in Germany. (l) OJ No L 338, 13. 12. 1980, p. 1 . (') OJ No L 134, 28 . 5. 1977, p. 53. 0 OJ No L 213, 6. 8. 1988, p. 5.
28 . 1 . 89 Official Journal of the European Communities No L 25/69
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, 27 January 1989.
For the Commission Ray MAC SHARRY Member of the Commission
ANNEX
Weekly tender for the refund for die refund for die export of common wheat to the coun tries of zones I, II, III, IV, V, VI, VII and VIII and the Canary Islands
(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.