31989R0904

8 . 4. 89 Official Journal of the European Communities No L 95/9

COMMISSION REGULATION (EEC) No 904/89 of 6 April 1989 amending Regulation (EEC) No 212/89 on a special intervention measure for common wheat in Germany

THE COMMISSION OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the European Article 1 Economic Community, Article 1 (1 ) of Regulation (EEC) No 212/89 is hereby Having regard to Council Regulation (EEC) No 2727/75 replaced by the following : of 29 October 1975 on the common organization of the ' 1 . A special intervention measure in the form of an market in cereals ('), as last amended by Regulation (EEC) export refund shall be applied in respect of 900 000 No 166/89 (2), and in particular Article 8 (3) thereof, tonnes of common wheat exported from Germany.'

Having regard to Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for granting Article 2 export refunds on cereals and criteria for fixing the amount of such refunds (3), and in particular Article 5 Article 6 (3) of Regulation (EEC) No 212/89 is hereby thereof, replaced by the following : *3 . A refund awarded shall not be paid unless the Whereas Commission Regulation (EEC) No 212/89 (4), as common wheat exported is at least of intervention last amended by Regulation (EEC) No 620/89 (*), opens quality as defined in Article 2 (2) of Commission an invitation to tender for the export refund for common Regulation (EEC) No 1569/77 (■). wheat ; — However, as regards the moisture content, Commission Regulation (EEC) No 2469/88 (2) Whereas, in the present situation, the quantity put up for tender should be increased ; shall apply. — The protein content may not be less than 12,5 % . Whereas the quality criteria laid down should be made Where the quality does not comply with the standards stricter in order to ensure that the invitation to tender in laid down in this paragraph, the refund shall be question proceeds smoothly ; reduced by ECU 20 per tonne. 0) OJ No L 174, 14. 7. 1977, p. 15. Whereas provision should be made, where the wheat does not correspond to the quality required, for a reduction to (a) OJ No L 213, 6. 8. 1988, p. 5.' be applied to the refund instead of its being totally forfeited ; Article 3

Whereas the measures provided for in this Regulation are This Regulation shall enter into force on the day of its in accordance with the opinion of the Management publication in the Official Journal of the European Committee for Cereals, Communities.

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

Done at Brussels, 6 April 1989.

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . 0 OJ No L 20, 25. 1 . 1989, p. 16. O OJ No L 281 , 1 . 11 . 1975, p. 78 . (4) OJ No L 25, 28 . 1 . 1989, p. 67. 0 OJ No L 68, 11 . 3. 1989, p . 11 .