31987R0404

No L 41 /20 Official Journal of the European Communities 11 . 2. 87

COMMISSION REGULATION (EEC) No 404/87 of 10 February 1987 on a special intervention measure for maize in France

THE COMMISSION OF THE EUROPEAN COMMUNITIES, for acceptance for intervention, as defined in Commission Regulation (EEC) No 1 569/77 (3), as last amended by Regulation (EEC) No 2134/86 (4); whereas the competent Having regard to the Treaty establishing the European agency must make certain that maize exported is of this Economic Community, standard ;

Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the Whereas the nature and objectives of the said measures market in cereals ('), as last amended by Regulation (EEC) make it appropriate to apply in respect of it mutatis mutandis Article 16 of Regulation (EEC) No 2727/75 and No 1579/86 (2), and in particular Article 8 (4) thereof, the Regulations adopted for the application thereof, in particular Council Regulation (EEC) No 2746/75 of 29 Whereas production of maize in France exceeds that October 1975 laying down general rules for granting country's requirements ; export refunds on cereals and criteria for fixing the 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 tende­ the Community market is slight ; ring for export refunds on cereals (6), as last amended by Regulation (EEC) No 2944/78 0 ; Whereas the French market in the south-west can be relieved by the export of part of this surplus quantity of maize to non-member countries ; whereas, in view of Whereas, since the interested parties are already aware of the terms of the invitation, a derogation may be made world market prices for maize, export is possible only with the aid of a refund ; from the provisions of Regulation (EEC) No 279/75 on the period that must elapse between the date of publica­ tion and the first closing date for the submission of Whereas, however, the refund arrangements laid down in tenders ; 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 France ; export licence ; whereas compliance with this obligation may be ensured by requiring tenderers to lodge a tendering security of 12 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 the south west of France in accordance with Article 7 of Regulation (EEC) No 2727/75, the only possi­ Whereas, in order to ensure equal treatment of all bility of disposal being in any case export to non-member concerned, it is necessary to make provision for the countries ; whereas, to avoid the abovementioned inter­ licences issued to have an identical period of validity ; vention, a special intervention measure intended to relieve the French 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 and which would apply only to products exported from certain French ports would be an appro­ Whereas the Management Committee for Cereals has not priate measure for this purpose ; 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 (3) OJ No L 174, 14. 7. 1977, p. 15 . (4) OJ No L 187, 9 . 7. 1986, p. 23 . j5) OJ No L 281 , 1 . 11 . 1975, p. 78. (<) OJ No L 281 , 1 . 11 . 1975, p . 7. Is) OJ No L 31 , 5. 2. 1975, p. 8. Ì1) OJ No L 139, 24. 5. 1986, p. 29. 0 OJ No L 351 , 15. 12. 1978 , p. 16.

11 . 2. 87 Official Journal of the European Communities No L 41 /21

HAS ADOPTED THIS REGULATION : — the undertaking that the export will be made from ports as in Article 1 ( 1 ).

Article 1 Article 4 1 . A special intervention measure in the form of an The security referred to in Article 3 of Regulation (EEC) export refund shall be applied in respect of 500 000 No 279/75 shall be 12 ECU per tonne. tonnes of maize exported from France from ports indi­ cated in Annex II . Article 5 Article 16 of Regulation (EEC) No 2727/75 and the provi­ sions adopted for the application of that Article shall 1 . By way of derogation from Article 21 ( 1 ) of apply mutatis mutandis to the said refund. Commission Regulation (EEC) No 3183/80 (2), export licences issued in accordance with Article 8 ( 1 ) of Regula­ 2. The French intervention agency shall be responsible tion (EEC) No 279/75 shall, for the purpose of for implementing the measure referred to in paragraph 1 . determining their period of validity, be deemed to have been issued on the day on which the tender was submitted . Article 2 2. Export licences issued in connection with the invita­ tion to tender pursuant to this Regulation shall be valid 1 . Tenders shall be invited in order to determine the from their date of issue, as defined in paragraph 1 , until amount of the refund referred to in Article 1 . the end of the fourth month following that of issue .

2. The invitation to tender shall relate to the quantity of maize referred to in Article 1 ( 1 ) for export to the Article 6 countries in zones I, II, III, IV, V, VI and VII listed in Annex I to Commission Regulation (EEC) No 1124/77 ('). 1 . The Commission shall decide, under the procedure laid down in Article 26 of Regulation (EEC) No 2727/75, 3. The invitation shall remain open until 28 May 1987. either : During the period of its validity weekly awards shall be — to fix a maximum export refund, taking account in made, for which the time limits for the submission of particular of the criteria laid down in Articles 2 and 3 tenders shall be as prescribed in the notice of invitation to tender. of Regulation (EEC) No 2746/75, or — to make no award . By way of derogation from Article 1 (2) of Regulation (EEC) No 279/75, the time limit for submission of 2. Where a maximum export refund is fixed, a contract tenders under the first partial invitation to tender shall shall be awarded to any tenderer whose tender indicates a expire on 19 February 1987. rate of refund equal to or less than such maximum export refund . 4. Tenders must be submitted to the French interven­ 3 . A refund awarded shall not be paid unless the maize tion agency named in the notice of invitation. exported is of at least intervention quality as defined in Article 2 (2) of Regulation (EEC) No 1569/77. In addition 5. The tendering procedure shall take place in accor­ the export has to be made from ports provided in Article dance with this Regulation and Regulation (EEC) No 1 ( 1 ). The competent agency shall have an analysis made, 279/75 . by an approved body or company, of the landed goods and shall hold at the Commission's disposal an additional sample from each consignment taken and sealed in the , Article 3 presence of the tenderer or his representative .

A tender shall be valid only if : Sampling and analysis costs shall be met by the tenderer.

— it relates to not less than 1 000 tonnes, Article 7 — it is accompanied by : — advance fixing of the French monetary compensa­ Tenders submitted must reach the Commission through tory amount valid on each closing date for the the intermediary of the French intervention agency at the submission of tenders, latest one and a half hours after expiry of the period for — the undertaking provided for in Article 2 (3) (b) of 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 cated in the form indicated in Annex I. licence will be applied for in France,

(') OJ No L 134, 28 . 5. 1977, p. 53 . (2) OJ No L 338 , 13 . 12. 1980 , p. 1 .

No L 41 /22 11 . 2 . 87 Official Journal of the European Communities

If no tenders are received, the French intervention agency Article 8 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, 10 February 1987.

For the Commission Frans ANDRIESSEN Vice-President

ANNEX I

Weekly tender for the refund for the export of maize to countries in zones I, II, III, IV, V, VI and VII

(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

— Ports of the Atlantic Ocean from Hendaye to Nantes — Saint Nazaire, — Ports of the Mediterranean Sea.