31990R3782

28 . 12 . 90 Official Journal of the European Communities No L 364/ 17

COMMISSION REGULATION (EEC) No 3782/90 of 19 December 1990 6n transitional measures applicable in the raw tobacco sector after the unification of Germany

THE COMMISSION OF THE EUROPEAN COMMUNITIES, sionally for the period from unification until 31 December 1990 ; whereas, given that the aforementioned conditions still obtain, this scheme should be extended Having regard to the Treaty establishing the European Economic Community, beyond that date ;

Whereas it is necessary to forbid, for a given operator, the Having regard to Council Regulation (EEC) No 3577/90 cumulation of prices, premiums and export refunds under of 4 December 1990 on the transitional measures and the national legislation introduced before 3 October 1990 adjustments required in the agricultural sector as a result in the territory of the former German Democratic Repu­ German unification ('), and in particular Article 3 thereof, blic and the Community rules taking effect from that same date ; Whereas Regulation (EEC) No 3577/90 lays down, inter alia, that measures to supplement those provided for in Whereas the measures provided for in this Regulation are that Regulation may be adopted in order to ensure the in accordance with the opinion of the Management harmonious integration of farming in the territory of the Committee for Raw Tobacco, former German Democratic Republic into the common agricultural policy ;

HAS ADOPTED THIS REGULATION : Whereas in the raw tobacco sector the Community prices, premiums and export refunds are fixed for a given harvest under Council Regulation (EEC) No 727/70 of 21 April Article 1 1970 on the common organization of the market in raw tobacco (2), as last amended by Regulation (EEC) No 1 . Germany is hereby authorized to grant from national 1 329/90 (3) ; whereas the said prices, premiums and funds, for the varieties of tobacco harvested in 1990 in the refunds do not apply, having regard to the date of the territory of the former German Democratic Republic, the unification of Germany, as regards the 1990 harvest, to prices, premiums and export refunds provided for in tobacco grown in the territory of the former Germany Regulation (EEC) No 727/70. Democratic Republic ; 2. The national payment for the prices and premiums Whereas tobacco grown in the said territory in 1990 is referred to in paragraph 1 may not exceed the prices and currently covered by national arrangements similar to the premiums fixed for a corresponding variety under Regula­ Community rules on tobacco ; whereas Germany should tion (EEC) No 1331 /90 . be authorized, in certain cases, to effect payments, from the date of unification, in respect of prices, premiums and 3. The national payment for the export refunds export refunds from national funds for tobacco from the referred to in paragraph 1 may not exceed the amount 1990 harvest grown in the territory of the former German fixed by the Commission for a corresponding variety. Democratic Republic ; whereas, however, in order to avoid any distortion of competition, the prices and premiums granted may not exceed the amounts fixed by the Council Article 2 in Regulation (EEC) No 1331 /90 (4) for the 1990 harvest for the Community varieties corresponding to the varie­ 1 . Germany shall ensure that the prices, premiums and ties produced in the territory of the former German export refunds provided for in Regulation (EEC) No Democratic Republic ; whereas the amount of the export 727/70 are not granted from Community funds for the refunds on such tobacco may not exceed the amount tobacco varieties harvested in 1990 or earlier in the terri­ fixed by the Commission ; tory of the former German Democratic Republic.

2. Germany shall notify the Commission as soon as Whereas, in Commission Regulation (EEC) No 2777/90 possible of the measures taken to ensure that paragraph 1 of 27 September 1990 on interim measures applicable in is complied with. the raw tobacco sector after the unification of Germany (*), the Commission adopted measures to this effect, provi­ Article 3 (') OJ No L 353, 17. 12. 1990, p. 23 . 0 OJ No L 94, 28 . 4. 1970, p. 1 . This Regulation shall enter into force on 1 January 1991 . 0 OJ No L 132, 23. 5. 1990, p. 25. (4) OJ No L 132, 23. 5. 1990, p. 28 . 0 OJ No L 267, 29. 9. 1990, p. 32. It shall apply until 31 December 1992.

No L 364/ 18 Official Journal of the European Communities 28 . 12. 90

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

Done at Brussels, 19 December 1990.

For the Commission Ray MAC SHARRY Member of the Commission