CELEX: 31985R2185
Language: en
Date: 1985-08-01 00:00:00
Title: Commission Regulation (EEC) No 2185/85 of 31 July 1985 on a special intervention measure for maize in France

No L 203/72                           Official Journal of the European Communities                              1 . 8 . 85
                                 COMMISSION REGULATION (EEC) No 2185/85
                                                      of 31 July 1985
                             on a special intervention measure for maize in France
THE COMMISSION OF THE EUROPEAN                                  Regulation (EEC) No 1 569/77 (3), as last amended by
COMMUNITIES,                                                    Regulation (EEC) No 2096/84 (4) ; whereas the compe­
                                                                tent agency must make certain that wheat exported is
Having regard to the Treaty establishing the European           of this standard ;
Economic Community,
                                                                Whereas the nature and objectives of the said
                                                                measures make it appropriate to apply in respect of it
Having regard to Council Regulation (EEC) No                     mutadis mutandis Article 16 of Regulation (EEC) No
2727/75 of 29 October 1975 on the common organ­                 2727/75 and the Regulations adopted for the applica­
ization of the market in cereals ('), as last amended by        tion thereof, in particular Council Regulation (EEC)
Regulation (EEC) No 1018/84 (2), and in particular               No 2746/75 of 29 October 1975 laying down general
Article 8 (4) thereof,                                          rules for granting export refunds on cereals and criteria
                                                                for fixing the amount of such refunds (*), and Commis­
Whereas at the present time, tensions exist on the              sion Regulation (EEC) No 279/75 of 4 February 1975
market of maize in France ;                                     laying down detailed rules for the application of the
                                                                system of tendering for export refunds on cereals (*), as
Whereas the French market can be relieved by the                last amended by Regulation (EEC) No 2944/78 Q ;
export of part of this surplus quantity of maize to
non-member countries ; whereas, in view of world                Whereas, under the abovementioned Regulation (EEC)
market prices for durum wheat, export is possible only           No 279/75, the commitments on the part of the
with the aid of a refund ;                                      tenderer include the obligation to lodge an application
                                                                for an export licence ; whereas compliance with this
                                                                obligation may be ensured by requiring tenderers to
Whereas, however, the refund arrangements laid down             lodge a tendering security of 12 ECU per tonne when
in Article 16 of Regulation (EEC) No 2727/75 apply to           they submit their tenders ;
export from any Member State ; whereas such arrange­
ments, therefore, are not only unsuitable for solving           Whereas, in order to ensure equal treatment of all
the problem in question but may also favour the                 concerned, it is necessary to make provision for the
export of maize from Member States where the market             licences issued to have an identical period of validity ;
situation is completely different from that in France ;
                                                                Whereas, in order to ensure the smooth operation of
Whereas, in the absence of adequate measures, quanti­           the export tendering procedure, it is appropriate to
ties of maize may be expected to enter intervention             prescribe a minimum quantity to be tendered for and
storage in France, in accordance with Article 7 of              a time limit and form for the communication of
Regulation (EEC) No 2727/75, the only possibility of             tenders submitted to the competent authorities ;
disposal being in any case export to non-member
countries ; whereas, to avoid the abovementioned                Whereas the measures provided for in this Regulation
intervention, a special intervention measure intended           are in accordance with the opinion of the Management
to relieve the French market should be taken under               Committee for Cereals,
Article 8 of the said Regulation ; whereas, furthermore,
such a measure ahould take the form of a direct export
incentive, which would avoid the high cost to the
Community budget of buying in and storing products               HAS ADOPTED THIS REGULATION :
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 would                                        Article 1
apply only the products exported from France, would
be an appropriate measure for this purpose ;                     1 . A special intervention measure in the form of an
                                                                 export, refund shall be applied in respect of 150 000
                                                                 tonnes of maize exported from France.
Whereas the purpose of the measure is such that
refunds should be granted only on wheat of the quality
required for acceptance for intervention, as defined in         (3) OJ No L 174, 14. 7. 1977, p. 15.
                                                                (*) OJ No L 193, 21 . 7. 1984, p. 20.
                                                                0 OJ No L 281 , 1 . 11 . 1975, p. 78 .
(') OJ No L 281 , 1 . 11 . 1975, p . 7.                         h) OJ No L 31 , 5. 2. 1975, p. 8.
 2 OJ No L 107, 19 . 4. 1984, p. 1 .                             0 OJ No L 351 , 15. 12. 1978 , p. 16 .
 ---pagebreak---  1 . 8 . 85                         Official Journal of the European Communities                         No L 203/73
Article 16 of Regulation (EEC) No 2727/75 and the             have been issued on the day on which the tender was
provisions adopted for the application of that Article        submitted.
shall apply mutatis mutandis to the said refund.
                                                              2. Export licences issued in connection with the
2. The French intervention agency shall be respon­            invitation to tender pursuant to this Regulation shall
sible for implementing the measure referred to in             be valid form their date of issue, as defined in para­
paragraph 1 .                                                 graph 1 , until the end of the second month following
                                                              that of issue. Anyway their validity is limited to 31
                                                              December 1985 .
                          Article 2
 1.      Tenders shall be invited in order to determine                               Article 6
the amount of the refund referred to in Article 1 .
                                                              1 . The Commission shall decide, under the proce­
2. The invitation to tender shall relate to the quan­         dure laid down in Article 26 of Regulation (EEC) No
tity of maize referred to in Article 1 ( 1 ) for export to    2727/75, either :
the Iberian Peninsula, Switzerland, Austria and Liech­
tenstein .
                                                              — to fix a maximum export refund, taking account in
                                                                   particular of the criteria laid down in Articles 2
                                                                   and 3 of Regulation (EEC) No 2746/75,
3 . The invitation shall remain open until 31
                                                              or
October 1985. During the period of its validity weekly
awards shall be made, for which the time limits for the       — to make no award.
submission of tenders shall be as prescribed in the
notice of invitation to tender.                               2. Where a maximum export refund is fixed, a
                                                              contract shall be awarded to any tenderer whose tender
4.      Tenders must be submitted to the French inter­        indicates a rate of refund equal to or less than such
vention agency named in the notice of invitation.             maximum export refund.
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)          maize exported is of at least intervention quality as
No 279/75.                                                    defined in Regulation (EEC) No 1569/77. The compe­
                                                              tent agency shall have an analysis made of the landed
                                                              goods and shall hold at the Commission's disposal an
                          Article 3                           additional sample from each consignment taken and
                                                              sealed in the presence of the tenderer or his represen­
A tender shall be valid only if :                             tative.
— it relates to not less than 1 000 tonnes,
                                                              Sampling and analysis costs shall be met by the
— it is accompanied by :                                      tenderer.
     — advance fixing of the French monetary
          compensatory amount valid on each closing                                   Article 7
          date for the submission of tenders ;
                                                              Tenders     submitted   must    reach  the  Commssion
     — the undertaking provided for in Article 2(3)(b)
          of Regulation (EEC) No 279/75 that the export       through the intermediary of the French intervention
          licence will be applied for in France.              agency at the leatest 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
                          Article 4                           must be communicated in the form indicated in the
                                                              Annex.
The security referred to in Article 3 of Regulation
                                                              If no tenders are received, the French intervention
(EEC) No 279/75 shall be 12 ECU per tonne.
                                                              agency shall inform the Commission of this within the
                                                              period indicated in the first paragraph.
                          Article 5
                                                              The times fixed for the submission of tenders shall
1 . By way of derogation from Article 21 ( 1 ) of             correspond to Belgian time.
Commission Regulation (EEC) No 3183/80 0, export
licences issued in accordance with Article 8 ( 1 ) of                                 Article 8
Regulation (EEC) No 279P5 shall, for the purpose of
determining their period of validity, be deemed to            This Regulation shall enter into force on the day
                                                              following its publication in the Official Journal of the
(') OJ No L 338 , 13 . 12. 1980, p. 1 .                       European Communities.
 ---pagebreak--- No L 203/74                   Official Journal of the European Communities                            1 . 8 . 85
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 31 July 1985.
                                                                     For the Commission
                                                                      Frans ANDRIESSEN
                                                                          Vice-President
                                                     ANNEX
          Weekly tender for the refund for the export of maize to the Iberian Peninsula, Switzerland,
                                            Austria and Liechtenstein
                             (Closing date for the submission of tenders (date/time))
                      1               2                                     3
                  Number           Quantity            Amount of export refund in francs per tonne
                of tenderer       in tonnes
                     1
                     2
                     3
                    etc.