31987R3308

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 agency must make certain that maize exported is of this Having regard to the Treaty establishing the European 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 Whereas, under the abovementioned Regulation (EEC) ments, therefore, are not only unsuitable for solving the No 279/75, the commitments on the part of the tenderer problem in question but may also favour the export of 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.

4. 11 . 87 No L 313/ 17 Official Journal of the European Communities

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 .

1 . By way of derogation from Article 21 (1 ) of Article 16 of Regulation (EEC) No 2727/75 and the provi­ Commission Regulation (EEC) No 3183/80 (2), export sions adopted for the application of that Article shall licences issued in accordance with Article 8 (1 ) of Regula­ apply mutatis mutandis to the said refund . tion (EEC) No 279/75 shall, for the purpose of determining their period of validity, be deemed to have 2. The Spanish intervention agency shall be respon­ been issued on the day on which the tender was sible for implementing the measure referred to in para­ 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 shall be awarded to any tenderer whose tender indicates a By way of derogation from Article 1 (2) of Regulation (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 .

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 .