CELEX: 31996R0420
Language: en
Date: 1996-03-07 00:00:00
Title: COMMISSION REGULATION (EC) No 420/96 of 7 March 1996 on the sale on the Portuguese domestic market of 150 000 tonnes of maize held by the Portuguese intervention agency

8 . 3 . 96             I EN               Official Journal of the European Communities                                No L 59 / 13
                                             COMMISSION REGULATION (EC) No 420/96
                                                              of 7 March 1996
                         on the sale on the Portuguese domestic market of 150 000 tonnes of maize held
                                                by the Portuguese intervention agency
    THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            is not to be released until proof has been furnished that
                                                                           the maize in question has been processed or used in
    Having regard to the Treaty establishing the European                  Portugal;
    Community,
                                                                           Whereas it is essential that Portugal take all the necessary
    Having regard to Council Regulation (EEC) No 1766/92                   measures which are compatible with Community rules,
    of 30 June 1992 on the common organization of the                      on the one hand to ensure that this Regulation is properly
    market in cereals ('), as last amended by Commission                   applied and, on the other hand, to ensure, by introducing
    Regulation (EC) No 1 863/95 (2), and in particular Article             effective control arrangements, that the Community
    12 ( 1 ) thereof,                                                      market is not disturbed;
                                                                          Whereas the measures provided for in this Regulation are
   Whereas the detailed rules for the application of the tariff           in accordance with the opinion of the Management
   quota for imports of maize into Portugal are laid down by              Committee for Cereals,
   Commission Regulation (EC) No 1839/95 (3), as amended
   by Regulation (EC) No 1963/95 (4);
                                                                          HAS ADOPTED THIS REGULATION:
   Whereas the Portuguese intervention agency (INGA) is to
   buy 1 50 000 tonnes of maize on the world market in
   accordance       with     the  Commission    Decision   on   the                                 Article 1
   purchase of the said maize; whereas INGA should sell the
   maize on the Portuguese domestic market; whereas, given                Notwithstanding Regulation (EEC) No 2131 /93, the
   the situation on the Portuguese market, it should be laid             Portuguese intervention agency (INGA) shall put up for
   down that the sales are to take place in April and May                sale on the Portuguese market 1 50 000 tonnes of maize
   1996; whereas any maize still remaining at 30 June 1996               purchased pursuant to the Commission Decision of 5
  should be sold in the following months;                                March 1996.
                                                                         The sale shall take place during April and May 1996 and,
  Whereas Regulation (EC) No 1839/95 provides that the
                                                                         where necessary, during the following months, in accor­
  purchase of this maize is to rank as intervention to stabi­            dance with the provisions laid down by INGA.
  lize the agricultural markets; whereas Commission Regu­
  lation (EEC) No 2131 /93 (*), as amended by Regulation
  (EC) No 1 20/94 (*), lays down the procedure and condi­                                          Article 2
  tions for the sale of cereals held by intervention agencies;
  whereas the sales of maize should, however, be carried out             INGA shall draw up a notice indicating, for each lot or,
  at a fixed price, increased where appropriate by monthly              where applicable, part of a lot:
  increases from the entry into force of this Regulation;               (a) the location; and
 whereas it is therefore necessary to derogate from Regula­
 tion (EEC) No 2131 /93; whereas additional rules are                   (b) at least the following information:
 needed for the sale of the imported maize;                                   — the specific weight,
                                                                              — the moisture content,
 Whereas, in view of the price advantage enjoyed by
 purchasers of the maize held by INGA, provision should                       — the percentage of broken grains and extraneous
                                                                                  matter.
 be made for strict control measures and it should be
 stipulated, in particular, who is authorized to purchase               INGA shall publish the said notice at least three days
 such imported maize;                                                   before the date fixed for the first submission of applica­
                                                                        tions.
 Whereas, in order to ensure that the sale of maize
 imported into Portugal does not create difficulties on the
 Community market, a system of tendering securities and                                            Article 3
 performance guarantees should be introduced and provi­
 sion should be made whereby the performance guarantee                  1 . The time limit for the first submission of applica­
                                                                       tions shall expire at 11 a.m., (Brussels time) on 12 April
                                                                       1996 and the time limit for the last submission of appli­
(')  OJ    No   L 181 , 1 . 7. 1992, p. 21 .                           cations shall expire on 10 May 1996.
(2)  OJ    No   L 179, 29. 7. 1995, p. 1 .
0    OJ    No   L 177, 28. 7. 1995, p. 4.                              If maize remains unsold at 30 June 1996, the following
(<)  OJ    No  L  189, 10. 8. 1995, p. 22.
0    OJ    No  L  191 , 31 . 7. 1993, p. 76.                           dates for submission shall be set by INGA until the quan­
(6)  OJ    No  L  21 , 26. 1 . 1994, p. 1 .                            tities available have been sold .
 ---pagebreak---  No L 59/ 14         rENl                Official Journal of the European Communities                                   8 . 3 . 96
 2. The decision to award the quantities applied for                corresponding to the number of months which have
 shall be taken by INGA by not later than 5 p.m., (Brussels         elapsed between the month of entry into force of this
 time) on the seventh day after the time limits fixed in            Regulation and the month of sale inclusive.
 paragraph 1 .
                                                                    2.     Purchasers shall pay for the maize before removing
 3.     Applications must be submitted to INGA:                     it and not later than one month after the date on which
                                                                    the contract has been awarded.
 INGA — Instituto Nacional de Garantia Agricola,
 Rua Castilho No 36 r/c,
 P-1250 Lisboa;                                                     3 . If the purchaser fails to pay for the maize awarded to
 tel.: 355 88 12:                                                   him within the deadline laid down in paragraph 2, the
 telex: 66209:                                                      contract shall be cancelled by INGA.
 fax: 353 32 51 .
                                                                                               Article 7
                           Article 4
                                                                    1 . The tendering security shall be released for quanti­
 1 . Interested parties shall participate in the sale either        ties in respect of which :
 by lodging a written application against proof of receipt
with INGA or by sending an application to the agency by            — the application was not accepted,
 telex, telegram or fax.                                           — a performance guarantee of ECU 30 per tonne has
                                                                        been lodged.
 2. Applications shall indicate the name and exact
 address of the purchaser, and his telephone, telex or fax          2. The performance guarantee shall be released for
 number.                                                            quantities in respect of which the purchaser has furnished
                                                                    proof that the maize has been processed or used in
 For the purposes of this Regulation, 'purchaser' means            Portugal. Such proof shall be furnished not later than 18
one natural or legal person per holding or per under­              months after the date of award.
taking whose business is purchasing in the cereals sector.
Purchasers may be represented by an authorized represen­           The performance guarantee shall also be released for
tative .
                                                                   quantities in respect of which proof has been furnished
                                                                   that the maize has become unfit for human or animal
3.      Applications shall be accompanied by:                      consumption.
— proof that a tendering security of ECU 5 per tonne
      has been lodged,
                                                                                               Article 8
— the purchaser's written undertaking to lodge a perfor­
      mance guarantee of ECU 30 per tonne not later than
      the time of removal of the purchased lot,                     1.    Portugal:
— proof that the purchaser is engaged in a business                — shall adopt, where necessary, additional conditions
      involving purchasing in the cereals sector,                       compatible with Community rules, particularly those
— the purchaser's written undertaking to process or use                 to be met by applicants in order to be able to partici­
      in Portugal the quantities of maize purchased.                    pate in the sales in question, including the minimum
                                                                        and maximum quantities for each instalment and the
4. Applications not submitted in accordance with para­                  sales schedule,
graphs 1 , 2 and 3 or which contain conditions other than          — shall take all the necessary measures to ensure the
those provided for in the notice shall not be valid.
                                                                        monitoring of all marketing operations up to final
5.      Applications may not be withdrawn.                              consumption in order to prevent possible disturbances
                                                                        on the Community market.
                           Article 5                               2.     INGA shall inform the Commission of the progress
                                                                   of the sale . In addition it shall forward to the Commission
Where the quantity available is exceeded, the quantity             without delay the data on the quantities sold and
applied for in the context of the sale in question shall be        marketed, up to final consumption .
reduced by applying a reduction coefficient fixed by
INGA.                                                              It shall closely monitor and keep the Commission
                                                                   informed of the impact of the maize sales on the prices of
Where the full quantity is not sold, the remaining quan­           other cereals in Portugal.
tity available shall be carried over to the following sale.
                           Article 6                                                           Article 9
1.      The selling price shall be ECU 157 per tonne for          This Regulation shall enter into force on the third day
goods ex-silo loaded onto a means of transport, plus the           following its publication in the Official Journal of the
number of monthly increases of ECU 1,3 per tonne                   European Communities.
 ---pagebreak--- 8 . 3 . 96   I EN             Official Journal of the European Communities                        No L 59/ 15
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 7 March 1996.
                                                                 For the Commission
                                                                    Franz FISCHLER
                                                              Member of the Commission