31985R2185

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 of this standard ; Having regard to the Treaty establishing the European 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 last amended by Regulation (EEC) No 2944/78 Q ; Whereas the French market can be relieved by the export of part of this surplus quantity of maize to Whereas, under the abovementioned Regulation (EEC) non-member countries ; whereas, in view of world No 279/75, the commitments on the part of the market prices for durum wheat, export is possible only tenderer include the obligation to lodge an application with the aid of a refund ; 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 a time limit and form for the communication of storage in France, in accordance with Article 7 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 HAS ADOPTED THIS REGULATION : Community budget of buying in and storing products which would in any case then have to be exported ; whereas the granting of a refund, the amount of which Article 1 would be determined by tendering and which would 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 .

1 . 8 . 85 No L 203/73 Official Journal of the European Communities

Article 16 of Regulation (EEC) No 2727/75 and the have been issued on the day on which the tender was submitted . provisions adopted for the application of that Article 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 2727/75, either : tity of maize referred to in Article 1 ( 1 ) for export to the Iberian Peninsula, Switzerland, Austria and Liech­ — to fix a maximum export refund, taking account in tenstein . 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 tenderer. — it is accompanied by :

— advance fixing of the French monetary Article 7 compensatory amount valid on each closing date for the submission of tenders ; Tenders submitted must reach the Commssion — the undertaking provided for in Article 2(3)(b) through the intermediary of the French intervention of Regulation (EEC) No 279/75 that the export agency at the leatest one-and-a-half hours after expiry licence will be applied for in France. of the period for the weekly submission of tenders as specified in the notice of invitation to tender. They must be communicated in the form indicated in the Article 4 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 correspond to Belgian time. 1 . By way of derogation from Article 21 ( 1 ) of 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.

No L 203/74 1 . 8 . 85 Official Journal of the European Communities

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 in tonnes Amount of export refund in francs per tonne of tenderer

1

2

3

etc.