31989R2417

5 . 8 . 89 No L 228 / 15 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2417/89 of 4 August 1989 amending Regulation (EEC) No 1626/89 opening an invitation to tender for the refund and/or levy for the export of durum wheat to countries of zones I, II, III, IV, V, VI, VII, VIII, tihe German Democratic Republic and the Canary Islands

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committe for Cereals, Having regard to the Treaty establishing the European Economic Community, HAS ADOPTED THIS REGULATION :

Having regard to Council Regulation (EEC) No 2727/75 Article 1 of 29 October 1975 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) Article 5 of Regulation (EEC) No 1626/89 is hereby No 1834/89 (2), replaced by the following : Article 5 Having regard to Council Regulation (EEC) No 2747/75 1 . Notwithstanding Articles 5 of Regulations (EEC) of 29 Ocotber 1975 laying down general rules to be No 3130/73 and (EEC) No 279/75, the Commission applied in the event of the cereals market being shall decide in accordance with the procedure laid disturbed (3), as amended by Regulation (EEC) No down in Article 26 of Regulation (EEC) No 2727/75 : 2560/77 (4), and in particular Article 2 (1 ) thereof, —- 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 2746/75 and 3 of Regulation (EEC) No 2746/75, of 29 October 1975 laying down general rules for granting — or to fix a minimum export levy, taking account export refunds on cereals and criteria for fixing the in particular of the criteria laid down in Article 3 amount of such refunds (*), and in particular Article 5 (1 ) (b) and (d) of Regulation (EEC) No 2747/75, thereof, — or to make no award . 2. Where a maximum export refund is fixed, a Whereas Commission Regulation (EEC) No 1626/89 (6) contract shall be awarded to any tenderer whose opens an invitation to tender for the refund and/or levy tender indicates a rate of refund equal to or less than for the export of durum wheat to countries of zones I, II, such maximum export refund and to any tenderer III, IV, V, VI, VII, VIII, the German Democratic Republic who has tendered for an export levy. and the Canary Islands ; Where a minimum export levy is fixed, a contract shall be awarded to any tenderer whose tender Whereas the aim of the measure calls for the granting of indicates a rate of levy equal to or greater than such the refund in respect only of durum wheat meeting minimum export levy. certain quality requirements which the competent agency 3. A refund may only be granted where the quality is to ensure are met ; whereas Regulation (EEC) No of the durum wheat exported is at least equal to the 1 626/89 should be amended to that effect ; quality defined in Article 2 (2) of Commission Regulation (EEC) No 1 569/77 Q, with the exception of a maximum of 8 % broken grains. To that end, the Whereas the detailed rules governing the invitation to competent agency shall have an approved agency or tender were adopted with a view to the fixing of the company carry out an analysis of the goods loaded. export levy in Commission Regulation (EEC) No Sampling and analysis costs shall be borne by the 3130/73 0, as last amended by Regulation (EEC) No successful tenderer. 2788/86 (8), and with a view to the fixing of the export refund in Commission Regulation (EEC) No 279/75 (9), as 4. Where the quality does not correspond to that last amended by Regulation (EEC) No 2788/86 ; defined in paragraph 3, the refund shall be reduced by ECU 50 per tonne.

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . 0 OJ No L 173, 14. 7. 1977, p. 15.' 0 OJ No L 180, 27. 6. 1989, p. 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 82. (4) OJ No L 303, 28. 11 . 1977, p. 1 . Article 2 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . (6) OJ No L 159, 10. 6. 1989, p. 33 . This Regulation shall enter into force on the day of its 0 OJ No L 319, 20. 11 . 1973 , p. 10. (8) OJ No L 257, 10. 9 . 1986, p. 32. publication in the Official Journal of the European 0 OJ No L 31 , 5. 2. 1975, p. 8 . Communities.

No L 228 / 16 Official Journal of the European Communities 5 . 8 . 89

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

Done at Brussels, 4 August 1989.

For the Commission Ray MAC SHARRY Member of the Commission