CELEX: 31987R3308
Language: en
Date: 1987-11-04 00:00:00
Title: Commission Regulation (EEC) No 3308/87 of 3 November 1987 on a special intervention measure for maize in Spain

No L 313 / 16                          Official Journal of the European Communities                                   4. 11 . 87
                                    COMMISSION REGULATION (EEC) No 3308/87
                                                    of 3 November 1987
                                 on a special intervention measure for maize in Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Regulation (EEC) No 1 569/77 (3), as last amended by
                                                                 Regulation (EEC) No 3104/87 (4) ; whereas the competent
Having regard to the Treaty establishing the European            agency must make certain that maize exported is of this
                                                                 standard ;
Economic Community,
Having regard to Council Regulation (EEC) No 2727/75             Whereas the nature and objectives of the said measures
of 29 October 1975 on the common organization of the              make it appropriate to apply in respect of it mutatis
market in cereals ('), as last amended by Regulation (EEC)        mutandis Article 16 of Regulation (EEC) No 2727/75 and
No 1900/87 (2), and in particular Article 8 (3) thereof,          the Regulations adopted for the application thereof, in
                                                                  particular Council Regulation (EEC) No 2746/75 of 29
                                                                  October 1975 laying down general rules for granting
Whereas the quantities of maize available in Spain exceed         export refunds on cereals and criteria for fixing the
that country's requirements ;                                     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
the Community market is slight ;                                  tendering for export refunds on cereals (*), as last amended
                                                                  by Regulation (EEC) No 2788/86 H ;
Whereas the Spanish market can be relieved by the
export of part of this surplus quantity of maize to non­           Whereas, since the interested parties are already aware of
member countries ; whereas, in view of world market               the terms of the invitation, a derogation may be made
prices for maize , export is possible only with the aid of a      from the provisions of Regulation (EEC) No 279/75 on
refund ;                                                          the period that must elapse between the date of publica­
                                                                  tion and the first closing date for the submission of
                                                                  tenders ;
Whereas, however, the refund arrangements laid down in
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 Spain ;                                    export licence ; whereas compliance with this obligation
                                                                   may be ensured by requiring tenderers to lodge a
                                                                   tendering security of 15 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 Spain in accordance with Article 7 of Regula­
tion (EEC) No 2727/75, the only possibility of disposal           Whereas, in order to ensure equal treatment of all
being in any case export to non-member countries ;                concerned, it is necessary to make provision for the
whereas, to avoid the abovementioned intervention, a               licences issued to have an identical period of validity ;
special intervention measure intended to relieve the
Spanish 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, would be an appropriate measure for this
purpose ;                                                          Whereas the Management Committee for Cereals has not
                                                                   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
for acceptance for intervention , as defined in Commission         (3) OJ No  L 174, 14. 7 . 1977, p. 15 .
                                                                   (4) OJ No  L 294, 17 . 10 . 1987, p. 14.
                                                                   0   OJ No  L 281 , 1 . 11 . 1975, p. 78 .
(') OJ No L 281 , 1 . 11 . 1975, p. 7.                             (*) OJ No  L 31 , 5 . 2. 1975, p. 8 .
(2) OJ No L 182, 3. 7. 1987 , p. 40 .                              P) OJ No L 257, 10 . 9 . 1986, p. 32.
 ---pagebreak--- 4. 11 . 87                              Official Journal of the European Communities                             No L 313/ 17
HAS ADOPTED THIS REGULATION :                                                                 Article 4
                                                                  The security referred to in Article 3 of Regulation (EEC)
                          Article 1                                No 279/75 shall be 15 ECU per tonne.
1 . A special intervention measure in the form of an
export refund shall be applied in respect of 200 000                                          Article 5
tonnes of maize exported from Spain .
Article 16 of Regulation (EEC) No 2727/75 and the provi­           1 . By way of derogation from Article 21 (1 ) of
sions adopted for the application of that Article shall            Commission Regulation (EEC) No 3183/80 (2), export
apply mutatis mutandis to the said refund .                        licences issued in accordance with Article 8 (1 ) of Regula­
                                                                   tion (EEC) No 279/75 shall, for the purpose of
2. The Spanish intervention agency shall be respon­                determining their period of validity, be deemed to have
sible for implementing the measure referred to in para­            been issued on the day on which the tender was
                                                                   submitted .
graph 1 .
                                                                   2.     Export licences issued in connection with the invita­
                          Article 2                                tion to tender pursuant to this Regulation shall be valid
                                                                   from their date of issue, as defined in paragraph 1 , until
 1.    Tenders shall be invited in order to determine the          the end of the fourth month following that of issue.
amount of the refund referred to in Article 1 .
2. The invitation to tender shall relate to the quantity                                      Article 6
of maize referred to in Article 1 ( 1 ) for export to the
countries in zones I, II, III, IV, V, VI , VII, VIII, the
                                                                    1 . The Commission shall decide, under the procedure
German Democratic Republic and the Canary Islands,                 laid down in Article 26 of Regulation (EEC) No 2727/75,
 listed in Annex I to Commission Regulation (EEC) No               either :
 1 1 24/77 (').
                                                                   — to fix a maximum export refund, taking account in
 3 . The invitation shall remain open until 24 March                    particular of the criteria laid down in Articles 2 and 3
 1988 . During the period of its validity weekly awards shall           of Regulation (EEC) No 2746/75, or
 be made, for which the time limits for the submission of
                                                                   — to make no award .
 tenders shall be as prescribed in the notice of invitation to
 tender.
                                                                    2. Where a maximum export refund is fixed, a contract
 By way of derogation from Article 1 (2) of Regulation              shall be awarded to any tenderer whose tender indicates a
 (EEC) No 279/75, the time limit for submission of                  rate of refund equal to or less than such maximum export
                                                                    refund .
 tenders under the first partial invitation to tender shall
 expire on 12 November 1987.
                                                                    3 . A refund awarded shall not be paid unless the maize
 4. Tenders must be submitted to the Spanish interven­              exported is of at least intervention quality as defined in
 tion agency named in the notice of invitation .                    Article 2 (2) of Regulation (EEC) No 1569/77.
 5. The tendering procedure shall take place in accor­              The competent agency shall have an analysis made, by an
 dance with this Regulation and Regulation (EEC) No                 approved body or company, of the landed goods and shall
 279/75 .                                                           hold at the Commission's disposal an additional sample
                                                                    from each consignment taken and sealed in the presence
                                                                    of the tenderer or his representative.
                           Article 3
                                                                    Sampling and analysis costs shall be met by the tenderer.
 A tender shall be valid only if :
 — it relates to not less than 1 000 tonnes,
                                                                                               Article 7
 — it is accompanied by :
      — advance fixing of the Spanish monetary compen­              Tenders submitted must reach the Commission through
          satory amount valid on each closing date for the          the intermediary of the Spanish intervention agency at
          submission of tenders,
                                                                    the latest one and a half hours after expiry of the period
      — the undertaking provided for in Article 2 (3) (b) of        for 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 Spain .                    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 313/ 18                          Official Journal of the European Communities                                4. 11 . 87
If no tenders are received, the Spanish intervention                                          Article 8
agency 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, 3 November 1987.
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
                                                            ANNEX
                Weekly tender for the refund for the export of maize to countries in zones I, II, III, IV, V,
                          VI, VII, VIII, the German Democratic Republic and the Canary Islands
                                     (Closing date for the submission of tenders (date/time))
                           l                   2                                   3
                         Number             Quantity                    Amount of export refund
                      of tenderer          in tonnes                       in ECU per tonne
                           1
                           2
                           3
                          etc .