31989R3950
28 . 12. 89 Official Journal of the European Communities No L 379 /41
COMMISSION REGULATION (EEC) No 3950/89 of 22 December 1989 on a special intervention measure for common wheat in Germany
THE COMMISSION OF THE EUROPEAN COMMUNITIES, quality required for acceptance into intervention as defined in Commission Regulation (EEC) No 1 569/77 (3), as last amended by Regulation (EEC) No 1663/89 (4); Having regard to the Treaty establishing the European whereas the competent agency must ensure that the Economic Community, quality of the quality of the common wheat exported conforms to requirements ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) Whereas the nature and objectives of the said measures No 3707/89 (2), and in particular Article 8 (3) thereof, make it appropriate to apply in respect of it mutatis mutandis Article 16 of Regulation (EEC) No 2727/75 and the Regulations adopted for the application thereof, in Whereas production of common wheat in Germany particular Council Regulation (EEC) No 2746/75 of 29 exceeds that country's requirements ; October 1975 laying down general rules for granting export refunds on cereals and criteria for fixing the Whereas the possibility of that surplus being absorbed by amount of such refunds (*) and Commission Regulation the Community market is slight ; (EEC) No 279/75 of 4 February 1975 laying down detailed rules for the application of the system of tender Whereas the German market can be relieved by the ing for export refunds on cereals (6), as last amended by export of part of this surplus quantity of common wheat Regulation (EEC) No 2788/86 0 ; to third countries ; whereas, in view of world market prices for common wheat, export is possible only with the aid of a refund ; Whereas, since the concerned parties are already aware of the terms of the invitation, a derogation may be made from the provisions of Regulation (EEC) No 279/75 on Whereas, however, the refund arrangements laid down in the period that must elapse between the date of publica Article 16 of Regulation (EEC) No 2727/75 apply to tion and the first closing date for the submission of export from any Member State ; whereas such arrange tenders ; ments, therefore, are not only unsuitable for solving the problem in question but may also encourage the export of common wheat from Member States where the market Whereas, under the abovementioned Regulation (EEC) situation is different from that in Germany ; No 279/75, the commitments on the part of the tenderer include the obligation to lodge an application for an Whereas, in the absence of adequate measures, massive export licence ; whereas compliance with this obligation quantities of common wheat may be expected to enter may be ensured by requiring tenderers to lodge a intervention storage in Germany in accordance with tendering security of ECU 12 per tonne when they submit their tenders ; Article 7 of Regulation (EEC) No 2727/75, the only possi bility of disposal being in any case export to third coun tries ; whereas, to avoid the abovementioned intervention, Whereas, in order to ensure equal treatment of all a special intervention measure intended to relieve the concerned, it is necessary to make provision for the German market should be taken under Article 8 of the licences issued to have an identical period of validity ; said Regulation ; whereas, furthermore, such a measure should take the form of a direct export incentive, which would avoid the high cost to the Community budget of Whereas, in order to ensure the smooth operation of the buying in and storing products which would in any case export tendering procedure, it is appropriate to prescribe a then have to be exported ; whereas the granting of a minimum quantity to be tendered for and a time limit refund, the amount of which would be determined by and form for the communication of tenders submitted to tendering and which would apply only to products the competent authorities ; exported from Germany would be an appropriate measure for this purpose ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Whereas the objective of the measure justifies the gran Committee for Cereals, ting of full refunds in respect only of common wheat with a protein content of at least 13,3 % ; whereas, however, the common wheat exported must be at least of the (3) OJ No L 174, 14. 7. 1977, p. 15. O OJ No L 163, 14. 6. 1989, p. 13. O OJ No L 281 , 1 . 11 . 1975, p. 78 . (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (6) OJ No L 31 , 5. 2. 1975, p. 8 . (2) OJ No L 363, 13 . 12. 1989, p. 1 . o OJ No L 257, 10. 9 . 1986, p. 32.
No L 379/42 Official Journal of the European Communities 28 . 12 . 89
HAS ADOPTED THIS REGULATION : Article 5
1 . By way of derogation from Article 21 (1 ) of Article 1 Commission Regulation (EEC) No 3183/80 0, export 1 . A special intervention measure in the form of an licences issued in accordance with Article 8 (1 ) of Regula tion (EEC) No 279/75 shall, for the purpose of export refund shall be applied in respect of 1 50 000 tonnes of common wheat exported from the German determining their period of validity, be deemed to have market ; been issued on the day on which the tender was submitted. Article 16 of Regulation (EEC) No 2727/75 and the pro visions adopted for the application of that Article shall 2. Export licences issued in connection with the invita 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 1 . Tenders shall be invited in order to determine the kid down in Article 26 of Regulation (EEC) No 2727/75, amount of the refund referred to in Article 1 . either :
2. The invitation to tender shall relate to the quantity — to fix a maximum export refund, taking account in of common wheat referred to in Article 1 ( 1 ) for export to particular of the citeria laid down in Articles 2 and 3 the countries of zones I, II, III, IV, V, VI, VII and VIII, of Regulation (EEC) No 2746/75, or and the Canary Islands as defined in Annex I to Commis — to make no award . sion Regulation (EEC) No 1124/77 0. 3 . The invitation shall remain open until 31 May 1990 . 2. Where a maximum export refund is fixed, a contract shall be awarded to any tenderer whose tender indicates a During the period of its validity weekly awards shall be made, for which the time limits for the submission of rate of refund equal to or less than such maximum export refund. tenders shall be as prescribed in the notice of invitation to tender. 3. Export refunds awarded may be granted only if the By way of derogation from Article 1 (2) of Regulation common wheat exported has a protein content of at least (EEC) No 279/75, the time limit for submission of 13,3 % . A reduction of ECU 10 per tonne in the refund tenders under the first partial invitation to tender shall awarded shall apply where the wheat exported has a expire on 4 January 1990. protein content of less than 13,3 % . However, the quality of wheat exported must at least comply with the condi 4. Tenders must be submitted to the German interven tions laid down for common wheat in the Annex to tion agency named in the notice of invitation. Regulation (EEC) No 1569/77 with the exception of the maximum moisture content, which is hereby altered to 5. The tendering procedure shall take place in accord 15 % . No refund shall be granted if the quality does not ance with this Regulation and Regulation (EEC) No meat those conditions . 279 /75 . To that end, the competent agency shall have an analysis Article 3 made, by an approved body or company, of the loaded goods and shall hold at the Commission's disposal an A tender shall be valid only if : additional sample from each consignment taken and — it relates to not less than 1 000 tonnes, sealed in the presence of the successful tenderer or his representative. — it is accompanied by : — advance fixing of the German monetary compen Sampling and analysis costs shall be met by the tenderer. satory amount valid on each closing date for the submission of tenders, — the undertaking provided for in Article 2 (3) (b) of Article 7 Regulation (EEC) No 279/75 that the export licence will be applied for in Germany. Tenders submitted must reach the Commission through the intermediary of the German intervention agency at Article 4 the latest one and a half hours after expiry of the period for the weekly submission of tenders as specified in the The security referred to in Article 3 of Regulation (EEC) notice of invitation to tender. They must be communi No 279 /75 shall be ECU 12 per tonne. cated in the form indicated in the Annex .
(') OJ No L 134, 28. 5. 1977, p. 53. (2) OJ No L 338, 13. 12. 1980, p. 1 .
28 . 12. 89 Official Journal of the European Communities No L 379/43
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, 22 December 1989 .
For the Commission Ray MAC SHARRY Member of the Commission
ANNEX
Weekly tender for the refund for the 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 .