CELEX: 31996R2517
Language: en
Date: 1996-12-27 00:00:00
Title: COMMISSION REGULATION (EC) No 2517/96 of 27 December 1996 on a special intervention measure for maize in Greece

No L 345/58        lENI                Official Journal of the European Communities                               31 . 12. 96
                                     COMMISSION REGULATION (EC) No 2517 /96
                                                   of 27 December 1996
                                on a special intervention measure for maize in Greece
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      would apply only to products exported from the Greek
                                                                 region of Orestiada, would be an appropriate measure for
                                                                 this purpose;
Having regard to the Treaty establishing the European
Community,
                                                                 Whereas the purpose of the measure is such that refunds
                                                                 should be granted only on maize of the quality required
Having regard to Council Regulation (EEC) No 1766/92             for acceptance for intervention, as defined in Commission
of 30 June 1992 on the common organization of the                Regulation (EEC) No 689/92 (3), as last amended by Regu­
market in cereals ('), as last amended by Commission             lation (EC) No 21 05/96 (4); whereas the competent agency
Regulation (EC) No 923/96 (2), and in particular Article 6       must make certain maize exported is of this standard;
thereof,
                                                                 Whereas the nature and objectives of the said measures
                                                                 make it appropriate to apply in respect of it, mutatis
Whereas maize production in the Orestiada region
                                                                  mutandis, Article 13 of Regulation (EEC) No 1766/92
exceeds local consumption requirements; whereas maize
                                                                 and the regulations adopted for the application thereof, in
prices in this region are at the intervention price level;       particular Commission Regulation (EC) No 1501 /95 of 29
whereas the geographical situation and local logistics
                                                                 June 1995 laying down certain detailed rules under
restrict the possibilities for the other Greek regions and
indeed the other Community markets to absorb this
                                                                 Council Regulation (EEC) No 1766/92 on the granting of
                                                                 export refunds on cereals and the measures to be taken in
surplus in an year ( 1996/97) of high production;
                                                                 the event of disturbance on the market for cereals Q, as
                                                                 last amended by Regulation (EC) No 95/96 (6);
Whereas the Greek market can be relieved by the export
of part of this surplus quantity of maize to non-member          Whereas Regulation (EC) No 1501 /95 requires tenderers
countries; whereas, in view of world market prices for           to apply for an export licence among their other under­
maize, export is possible only with the aid of a refund;         takings; whereas compliance with this obligation may be
                                                                 ensured by requiring tenderers to lodge a security of ECU
                                                                  12 per tonne when they submit their 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 the cereals in question should be actually
ments, therefore, are not only unsuitable for solving the        exported from the Member State for which a particular
problem in question but may also favour the export of            intervention measure was implemented; whereas it is
maize from Member States where the market situation is
                                                                  therefore necessary to limit the use of export licences to
different from that in the Orestiada region;                     exports from the Member State in which the licence was
                                                                 applied for and to maize produced in the Orestiada
                                                                 region; whereas the exit points from Greece should be
Whereas, in the absence of adequate measures, massive            stipulated;
quantities of maize may be expected to enter intervention
storage in Greece during the marketing year in accord­
ance with Article 4 of Regulation (EEC) No 1766/92, the          Whereas, in order to ensure equal treatment of all
only possibility of disposal being in any case export to         concerned, it is necessary to make provision for the
non-member countries; whereas, to avoid the abovemen­            licences issued to have an identical period of validity;
tioned intervention, a special intervention measure
intended to relieve the Greek regional market should be
taken pursuant to Article 6 of the said Regulation;              Whereas, in order to ensure the smooth operation of the
whereas, furthermore, such a measure should take the             export tendering procedure, it is appropriate to prescribe a
form of a direct export incentive, which would avoid the         minimum quantity to be tendered for and a time limit
high cost to the Community budget of buying in and               and form for the communication of tenders submitted to
storing products which would in any case then have to be         the competent authorities;
exported; whereas the granting of a refund, the amount of
which would be determined by tendering and which
                                                                 0 OJ No L 74, 20. 3. 1992, p. 18 .
                                                                 («) OJ No L 282, 1 . 11 . 1996, p. 50.
(') OJ No L 181 , 1 . 7. 1992, p. 21 .                           0 OJ No L 147, 30. 6. 1995, p. 7.
(2) OJ No L 126, 24. 5. 1996, p. 37.                             (j OJ No L 18, 24. 1 . 1996, p. 10.
 ---pagebreak--- 31 . 12. 96           EN                Official Journal of the European Communities                            No L 345/ 59
Whereas the measures provided for in this Regulation are                                    Article 5
in accordance with the opinion of the Management
Committee for Cereals,                                            The refund shall be valid
                                                                  — in the case of exports over land, only the following
                                                                       exit points: Ormenion, Kipi and Kastanies,
HAS ADOPTED THIS REGULATION:
                                                                  — in the case of exports by sea, only for the port of Alex­
                           Article 1                                   androupolis.
1 . A special intervention measure in the form of an
                                                                                            Article 6
export refund shall be applied in respect of 100 000
tonnes of maize produced in Greece, in the region of
Orestiada .                                                       The security referred to in Article 5 of Regulation (EC)
                                                                   No 1501 /95 shall be ECU 12 per tonne .
Article 13 of Regulation (EEC) No 1766/92 and the provi­
sions adopted for the application of that Article shall
apply, mutatis mutandis, to the said refund.                                                Article 7
2. The Greek intervention agency shall be responsible              1 . By way of derogation from Article 21 ( 1 ) of
for implementing the measure referred to in paragraph 1 .          Commission Regulation (EEC) No 3719/88 ('), export
                                                                   licences issued in accordance with Article 8 ( 1 ) of Regula­
                            Article 2                              tion (EC) No 1501 /95 shall, for the purpose of determin­
                                                                   ing their period of validity, be deemed to have been
1.     Tenders shall be invited in order to determine the          issued on the day on which the tender was submitted.
amount of the refund referred to in Article 1 .
                                                                   2.    Export licences issued in connection with the invita­
2. The invitation to tender shall relate to the quantity           tion to tender pursuant to this Regulation shall be valid
of maize referred to in Article 1 ( 1 ) for export to all third    from their date of issue, as defined in paragraph 1 , until
countries                                                          the end of the fourth month following that of the issue .
3 . The invitation shall remain open until 29 May 1997.            3 . Notwithstanding Article 1 1 of Regulation (EEC) No
During the period of its validity weekly awards shall be           3719/88 , export licence under this tendering procedure
made, for which the time limits for the submission of              shall be valid in Greece only.
tenders shall be as prescribed in the notice of invitation to
tender. Article 4 (4) of Regulation (EC) No 1501 /95
notwithstanding, the time limit for submitting bids for                                     Article 8
the first partial invitation to tender shall be 8 January
1997.                                                              1 . The Commission shall decide, under the procedure
4.     Tenders must be submitted to the Greek interven­
                                                                   laid down in Article 23 of Regulation (EEC) No 1766/92
                                                                  either:
tion agency named in the notice of invitation .
                                                                  — to fix a maximum export refund, taking account in
5. The tendering procedure shall take place in accord­                 particular of the criteria laid down in Article 1 of
ance with this Regulation and Regulation (EC) No                       Regulation (EC) No 1501 /95, or
1501 /95 .
                                                                  — to make no award .
                           Article 3
                                                                  2. Where a maxium export refund is fixed, a contract
A tender shall be valid only if:                                  shall be awarded to any tenderer whose tender indicates a
                                                                  rate of refund equal to or less than such maximum export
— it relates to not less than 1 000 tonnes,                       refund.
— it is accompanied by a written undertaking stipulating
     that it relates solely to maize produced in the Ores­        3 . A refund awarded shall not be paid unless the maize
                                                                  exported is of at least intervention quality defined in
    tiada region,
                                                                  Article 2 (2) of Regulation (EEC) No 689/92.
                           Article 4                              The competent agency shall have an analysis made, by an
                                                                  approved body or company of the landed goods and shall
Under the tendering procedure referred to in Article 2,           hold at the Commission's disposal an additional sample
box 20 of applications and the export licences shall indi­        from each consignment taken and sealed in the presence
cate the following:                                               of the tenderer or his representative .
    ' Κανονισμος (ΕΚ) αριθ            /96 — Πιστοποιητικο
    που ισχύει μόνο για το καλαμπόκι που έχει                     Sampling and analysis costs shall be met by the tenderer.
    παραχθεί στην περιοχή της Ορεστιάδας στην
    Ελλάδα.'                                                      (') OJ No L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak--- No L 345/60       I ENn              Official Journal of the European Communities                              31 . 12. 96
4. Where the quality does not correspond to that               icated in the form indicated in Annex I, to the telex or
defined in paragraph 3, the refund shall be reduced by         telefax numbers in Annex II.
ECU 15 per tonne.
                                                               If no tenders are received, the Greek intervention agency
                                                               shall inform the Commission of this within the period
                                                               indicated in the first paragraph .
                         Article 9                             The times fixed for the submission of tenders shall corres­
                                                               pond to Belgian time .
Tenders submitted must reach the Commission through                                    Article 10
the intervention of the Greek intervention agency at the
latest one-and-a-half hours after expiry of the period for     This Regulation shall enter into force on the day of its
the weekly submission of tenders as specified in the           publication in the Official Journal of the European
notice of invitation to tender. They must be commun­           Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 27 December 1996 .
                                                                        For the Commission
                                                                          Karel VAN MIERT
                                                                     Member of the Commission
 ---pagebreak--- 31 . 12 . 96    EN                Official Journal of the European Communities                                  No L 345/ 61
                                                          ANNEX I
               Weekly tender for the refund for the export of Greek maize to all third countries
                                                (Regulation (EC) No 2517/96)
                                 (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
             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);
             — fax :             — 236 25 15,
                                 — 296 49 56 .