CELEX: 31987R0404
Language: en
Date: 1987-02-11 00:00:00
Title: Commission Regulation (EEC) No 404/87 of 10 February 1987 on a special intervention measure for maize in France

No L 41 /20                            Official Journal of the European Communities                                11 . 2. 87
                                     COMMISSION REGULATION (EEC) No 404/87
                                                    of 10 February 1987
                                 on a special intervention measure for maize in France
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      for acceptance for intervention, as defined in Commission
                                                                 Regulation (EEC) No 1 569/77 (3), as last amended by
                                                                 Regulation (EEC) No 2134/86 (4); whereas the competent
Having regard to the Treaty establishing the European            agency must make certain that maize 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 1579/86 (2), and in particular Article 8 (4) thereof,         mutandis Article 16 of Regulation (EEC) No 2727/75 and
                                                                 the Regulations adopted for the application thereof, in
                                                                 particular Council Regulation (EEC) No 2746/75 of 29
Whereas production of maize in France exceeds that               October 1975 laying down general rules for granting
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 tende­
the Community market is slight ;                                 ring for export refunds on cereals (6), as last amended by
                                                                 Regulation (EEC) No 2944/78 0 ;
Whereas the French market in the south-west can be
relieved by the export of part of this surplus quantity of
maize to non-member countries ; whereas, in view of              Whereas, since the interested parties are already aware of
world market prices for maize, export is possible only           the terms of the invitation, a derogation may be made
with the 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 favour the export of            No 279/75, the commitments on the part of the tenderer
maize from Member States where the market situation is           include the obligation to lodge an application for an
different from that in France ;                                  export licence ; whereas compliance with this obligation
                                                                 may be ensured by requiring tenderers to lodge a
                                                                 tendering security of 12 ECU per tonne when they
Whereas, in the absence of adequate measures, massive            submit their tenders ;
quantities of maize may be expected to enter intervention
storage in the south west of France 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 non-member        concerned, it is necessary to make provision for the
countries ; whereas, to avoid the abovementioned inter­          licences issued to have an identical period of validity ;
vention, a special intervention measure intended to relieve
the French 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 certain French ports would be an appro­            Whereas the Management Committee for Cereals has not
priate measure for this purpose ;                                 delivered an opinion within the time-limit set by its
                                                                  Chairman,
Whereas the purpose of the measure is such that refunds
should be granted only on wheat of the quality required           (3) OJ No L 174, 14. 7. 1977, p. 15.
                                                                  (4) OJ No L 187, 9. 7. 1986, p. 23 .
                                                                  j5) OJ No L 281 , 1 . 11 . 1975, p. 78.
(<) OJ No L 281 , 1 . 11 . 1975, p. 7.                            Is) OJ No L 31 , 5. 2. 1975, p. 8.
Ì1) OJ No L 139, 24. 5. 1986, p. 29.                              0 OJ No L 351 , 15. 12. 1978, p. 16.
 ---pagebreak--- 11 . 2. 87                             Official Journal of the European Communities                               No L 41 /21
HAS ADOPTED THIS REGULATION :                                         — the undertaking that the export will be made from
                                                                            ports as in Article 1 ( 1 ).
                          Article 1
                                                                                             Article 4
1 . A special intervention measure in the form of an
                                                                 The security referred to in Article 3 of Regulation (EEC)
export refund shall be applied in respect of 500 000
                                                                 No 279/75 shall be 12 ECU per tonne.
tonnes of maize exported from France from ports indi­
cated in Annex II.
                                                                                             Article 5
Article 16 of Regulation (EEC) No 2727/75 and the provi­
sions adopted for the application of that Article shall          1 . By way of derogation from Article 21 ( 1 ) of
apply mutatis mutandis to the said refund.                       Commission Regulation (EEC) No 3183/80 (2), export
                                                                 licences issued in accordance with Article 8 ( 1 ) of Regula­
2. The French intervention agency shall be responsible           tion (EEC) No 279/75 shall, for the purpose of
for implementing the measure referred to in paragraph 1 .        determining their period of validity, be deemed to have
                                                                 been issued on the day on which the tender was
                                                                 submitted.
                          Article 2
                                                                 2. Export licences issued in connection with the invita­
1.    Tenders shall be invited in order to determine the         tion to tender pursuant to this Regulation shall be valid
amount of the refund referred to in Article 1 .                  from their date of issue, as defined in paragraph 1 , until
                                                                 the end of the fourth month following that of issue .
2. The invitation to tender shall relate to the quantity
of maize referred to in Article 1 ( 1 ) for export to the                                    Article 6
countries in zones I, II, III, IV, V, VI and VII listed in
Annex I to Commission Regulation (EEC) No 1124/77 (').           1 . The Commission shall decide, under the procedure
                                                                 laid down in Article 26 of Regulation (EEC) No 2727/75,
3.     The invitation shall remain open until 28 May 1987.       either :
During the period of its validity weekly awards shall be
made, for which the time limits for the submission of            — to fix a maximum export refund, taking account in
tenders shall be as prescribed in the notice of invitation to          particular of the criteria laid down in Articles 2 and 3
tender.                                                                of Regulation (EEC) No 2746/75, or
                                                                 — to make no award.
By way of derogation from Article 1 (2) of Regulation
(EEC) No 279/75, the time limit for submission of                2. Where a maximum export refund is fixed, a contract
tenders under the first partial invitation to tender shall       shall be awarded to any tenderer whose tender indicates a
expire on 19 February 1987.                                      rate of refund equal to or less than such maximum export
                                                                 refund .
4.     Tenders must be submitted to the French interven­
tion agency named in the notice of invitation.                   3 . A refund awarded shall not be paid unless the maize
                                                                 exported is of at least intervention quality as defined in
                                                                 Article 2 (2) of Regulation (EEC) No 1569/77. In addition
5. The tendering procedure shall take place in accor­             the export has to be made from ports provided in Article
dance with this Regulation and Regulation (EEC) No                1 ( 1 ). The competent agency shall have an analysis made,
279/75 .
                                                                 by an approved body or company, of the landed goods
                                                                 and shall hold at the Commission's disposal an additional
                                                                 sample from each consignment taken and sealed in the
                    ,      Article 3                              presence of the tenderer or his representative.
A tender shall be valid only if :                                 Sampling and analysis costs shall be met by the tenderer.
— it relates to not less than 1 000 tonnes,
                                                                                              Article 7
— it is accompanied by :
     — advance fixing of the French monetary compensa­            Tenders submitted must reach the Commission through
         tory amount valid on each closing date for the           the intermediary of the French intervention agency at the
         submission of tenders,                                   latest one and a half hours after expiry of the period for
     — the undertaking provided for in Article 2 (3) (b) of       the weekly submission of tenders as specified in the
         Regulation (EEC) No 279/75 that the export               notice of invitation to tender. They must be communi­
         licence will be applied for in France,                   cated in the form indicated in Annex I.
 (') OJ No L 134, 28 . 5. 1977, p. 53.                            (2) OJ No L 338, 13 . 12. 1980, p. 1 .
 ---pagebreak--- No L 41 /22                           Official Journal of the European Communities                                11 . 2. 87
If no tenders are received, the French intervention agency                                    Article 8
shall inform the Commission of this within the period
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, 10 February 1987.
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
                                                           ANNEX I
                 Weekly tender for the refund for the export of maize to countries in zones I, II, III, IV, V,
                                                           VI and VII
                                     (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.
                                                           ANNEX II
                 — Ports of the Atlantic Ocean from Hendaye to Nantes — Saint Nazaire,
                 — Ports of the Mediterranean Sea.