CELEX: 31994R1386
Language: en
Date: 1994-06-18 00:00:00
Title: Commission Regulation (EC) No 1386/94 of 17 June 1994 on a special intervention measure for maize in Greece

18 . 6. 94                                  Official Journal of the European Communities                              No L 152/7
                                          COMMISSION REGULATION (EC) No 1386/94
                                                             of 17 June 1994
                                     on a special intervention measure for maize in Greece
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            for acceptance for intervention, as defined in Commission
                                                                         Regulation (EEC) No 689/92 (3), as last amended by Regu­
  Having regard to the Treaty establishing the European                  lation (EC) No 3134/93 (4) ; whereas the competent
  Community,                                                             agency must make certain maize exported is of this stan­
                                                                         dard ;
  Having regard to Council Regulation (EEC) No 1766/92
  of 30 June 1992 on the common organization of the                      Whereas the nature and objectives of the said measures
  market in cereals ('), as amended by Commission Regula­                make it appropriate to apply in respect of it mutatis
  tion (EEC) No 2193/93 (2), and in particular Article 6 (2)              mutandis Article 13 of Regulation (EEC) No 1766/92 and
  thereof,                                                               the Regulations adopted for the application thereof, in
                                                                         particular Commission Regulation (EEC) No 1533/93 of
  Whereas production of maize in Greece exceeds that                     22 June 1993 laying down certain detailed rules under
  country's requirements ;                                               Council Regulation (EEC) No 1766/92 on the granting of
                                                                         export refunds on cereals and the measures to be taken in
                                                                         the event of disturbance on the market for cereals ^, as
 Whereas the possibility of that surplus being absorbed by               amended by Regulation (EC) No 120/94 (*);
 the Community market is slight ;
 Whereas the Greek market can be relieved by the export                  Whereas, since the interested parties are already aware of
 of part of this surplus quantity of maize to the countries              the terms of the invitation, a derogation may be made
 of zones I, II (a) (b) (c), III (a) (b), V, VI, VIII and to Cuba ;      from the provisions of Regulation (EEC) No 1533/93 on
 whereas, in view of world market prices for maize, export               the period that must elapse between the date of publica­
  is possible only with the aid of a refund ;                            tion and the first closing date for the submission of
                                                                         tenders ;
 Whereas, however, the refund arrangements laid down in
 Article 13 of Regulation (EEC) No 1766/92 apply to
 export from any Member State ; whereas such arrange­                   Whereas, pursuant to the abovementioned Regulation
 ments, therefore, are not only unsuitable for solving the              (EEC) No 1533/93, the commitments on the part of the
 problem in question but may also favour the export of                  tenderer include the obligation to lodge an appliction for
 maize from Member States where the market situation is                 an export licence ; whereas compliance with this obliga­
 different from that in Greece ;                                        tion may be ensured by requiring tenderers to lodge a
                                                                        tendering security of ECU 12 per tonne when they
                                                                        submit their tenders ;
 Whereas, in the absence of adequate measures, significant
 quantities of maize may be expected to enter intervention
 storage in Greece during the marketing year in                         Whereas the cereals in question should be actually
 accordance with Article 4 of Regulation (EEC) No                       exported from the Member State for which a particular
 1766/92, the only possibility of disposal being in any case            intervention measure was implemented ; whereas it is,
 export to the countries of zones I, II (a) (b) (c), III (a) (b),       therefore, necessary to restrict the use of export licences
 V, VI, VIII and to Cuba ; whereas, to avoid the abovemen­              to exports from the Member State in which the licence
 tioned intervention, a special intervention measure                    was applied for ;
 intended to relieve the Greek market should be taken
 urgently pursuant to Article 6 of the said Regulation ;
whereas, furthermore, such a measure should take the                    Whereas, in order to ensure equal treatment of all
 form of a direct export incentive, which would avoid the               concerned, it is necessary to make provision for the
 high cost to the Community budget of buying in and                     licences issued to have an identical period of validity ;
 storing products which would in any case then have to be
 exported ; whereas the granting of a refund, the amount of
which would be determined by tendering and which                        Whereas, in order to ensure the smooth operation of the
would apply only to products exported from Greeece,                     export tendering procedure, it is appropriate to prescribe a
would be an appropriate measure for this purpose ;                      minimum quantity to be tendered for and a time limit
                                                                       and form for the communication of tenders submitted to
                                                                        the competent authorities ;
Whereas the purpose of the measure is such that refunds
should be granted only on maize of the quality required
                                                                       (')  OJ  No L 74, 20. 3. 1992, p. 18.
                                                                       (4)  OJ  No L 280, 13. 11 . 1993, p. 15.
(■) OJ No L 181 , 1 . 7. 1992, p. 21 .                                 0    OJ  No L 151 , 23. 6. 1993, p. 15.
0 OJ No L 196, 5. 8. 1993, p. 22.                                      (6)  OJ  No L 21 , 26. 1 . 1994, p. 1 .
 ---pagebreak---  No L 152/8                                Official Journal of the European Communities                                  18 . 6 . 94
 Whereas the measures provided for in this Regulation are                                      Article ">
 in accordance with the opinion of the Management
 Committee for Cereals,                                              The security referred to in Article 6 of Regulation (EEC)
                                                                      No 1533/93 shall be ECU 12 per tonne.
 HAS ADOPTED THIS REGULATION :
                                                                                               Article 6
                           Article 1                                  1 . By way of derogation from Article 21 (1) of
                                                                      Commission Regulation (EEC) No 3719/88 ('), export
 1 . A special intervention measure in the form of an                 licences issued in accordance with Article 9 (1 ) of Regula­
 export refund shall be applied in respect of 100 000                 tion (EEC) No 1533/93 shall, for the purpose of determi­
 tonnes of maize produced in Greece.                                  ning their period of validity, be deemed to have been
                                                                      issued on the day on which the tender was submitted.
Article 13 of Regulation (EEC) No 1766/92 and the provi­
sions 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 Greek intervention agency shall be responsible                30 September 1994.
for implementing the measure referred to in paragraph 1 .
                                                                      However, licences issued before 1 July 1994 may be used
                                                                      only from that date.
                          Article 2
 1.   Tenders shall be invited in order to determine the              3 . Notwithstanding Article 11 of Regulation (EEC) No
amount of the refund referred to in Article 1 .                      3719/88, export licences under this tendering procedure
                                                                     shall be valid in Greece only.
2. The invitation to tender shall relate to the quantity
of maize referred to in Article 1 (1 ) for export to all the
countries of zones I, II (a) (b) (c), III (a) (b), V, VI, VIII and                             Article 7
to Cuba.
                                                                      1 . The Commission shall decide, under the procedure
3. The invitation shall remain open until 27 July 1994.              laid down in Article 23 of Regulation (EEC) No 1766/92,
During the period of its validity weekly awards shall be             either :
made, for which the time limits for the submission of
tenders shall be as prescribed in the notice of invitation to        — to fix a maximum export refund, taking account in
tender.                                                                   particular of the criteria laid down in Article 2 of
                                                                          Regulation (EEC) No 1533/93, or
By way of derogation from Article 5 (4) of Regulation                — to make no award.
(EEC) No 1533/93, the time limit for submission of
tenders under the first partial invitatin to tender shall            2. Where a maximum export refund is fixed, a contract
expire on 22 June 1994.                                              shall be awarded to any tenderer whose tender indicates a
4.    Tenders must be submitted to the Greek interven­
                                                                     rate of refund equal to or less than such maximum export
                                                                     refund.
tion agency named in the notice of invitation.
5. The tendering procedure shall take place in                       3 . A refund awarded shall not be paid unless the
accordance with this Regulation and Regulation (EEC) No              maizey exported is of at least intervention quality in
1533/93 .                                                            Greece as defined in Article 2 (2) of Regulation (EEC) No
                                                                     689/92.
                          Article 3                                  The competent agency shall have an analysis made, by an
                                                                     approved body or company, of the landed goods and shall
A tender shall be valid only if it relates to not less than          hold at the Commission's disposal an additional sample
1 000 tonnes .                                                       from each consignment taken and sealed in the presence
                                                                     of the tenderer or his representative.
                          Article 4                                  Sampling and analysis costs shall be met by the tenderer.
Under the tendering procedure referred to in Article 2,              4. Where the quality does not correspond to that
box 20 of applications and the export licences shall indi­           defined in paragraph 3, the refund shall be reduced by
cate the following :                                                 ECU 15 per tonne.
    'Κανονισμός (ΕΚ) αριθ. 1386/94, πιστοποιητικό
    ισχύον αποκλειστικά στην Ελλάδα'.                                (') OJ No L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak--- 18 . 6. 94                           Official Journal of the European Communities                          No L 152/9
                         Article 8                             The times fixed for the submission of tenders shall
                                                               correspond to Belgian time.
Tenders submitted must reach the Commission through
the intervention of the Greek intervention agency at the
latest one and a half hours after expiry of the period for
the weekly submission of tenders as specified in the
notice of invitation to tender. They must be communi­                                  Article 9
cated in the form indicated in Annex I, to the telex or
telefax numbers in Annex II.
If no tenders are received, the Greeksh intervention           This Regulation shall enter into force on the day of its
agency shall inform the Commission of this within the          publication in the Official Journal of the European
period indicated in the first paragraph.                       Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 17 June 1994.
                                                                        For the Commission
                                                                          Rene STEICHEN
                                                                    Member of the Commission
 ---pagebreak--- No L 152/ 10                      Official Journal of the European Communities                                 18 . 6. 94
                                                          ANNEX I
             Weekly tender for the refund for the export of Greek maize to the countries of zones I, II
                                    (a) (b) (c), III (a) (b), V, VI VIII and to Cuba
                                                (Regulation (EC) No 1386/94)
                                 (Closing date for the submission of tenders (date/time))
                       1                  2                                       3
                    Number             Quantity                       Amount of export refund
                   of tender          in tonnes                           in ecu per tonne
                       1
                       2
                       3
                      etc .
                                                         ANNEX II
             The only numbers to use to call Brussels (DG VI-C-1 (Attention : Messrs Thibault and Brus)) are :
             — telex :           22037 AGREC B
                                 22070 AGREC B (Greek characters)
             — telefax :         — 295 01 32, 296 10 97, 295 25 15.