31994R1386
18 . 6. 94 Official Journal of the European Communities No L 152/7
COMMISSION REGULATION (EC) No 1386/94 of 17 June 1994 on a special intervention measure for maize in Greece
THE COMMISSION OF THE EUROPEAN COMMUNITIES, for acceptance for intervention, as defined in Commission Regulation (EEC) No 689/92 (3), as last amended by Regu lation (EC) No 3134/93 (4) ; whereas the competent Having regard to the Treaty establishing the European agency must make certain maize exported is of this stan Community, dard ;
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the Whereas the nature and objectives of the said measures market in cereals ('), as amended by Commission Regula make it appropriate to apply in respect of it mutatis tion (EEC) No 2193/93 (2), and in particular Article 6 (2) mutandis Article 13 of Regulation (EEC) No 1766/92 and thereof, the Regulations adopted for the application thereof, in particular Commission Regulation (EEC) No 1533/93 of Whereas production of maize in Greece exceeds that 22 June 1993 laying down certain detailed rules under country's requirements ; Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals ^, as Whereas the possibility of that surplus being absorbed by amended by Regulation (EC) No 120/94 (*); the Community market is slight ;
Whereas the Greek market can be relieved by the export Whereas, since the interested parties are already aware of of part of this surplus quantity of maize to the countries the terms of the invitation, a derogation may be made of zones I, II (a) (b) (c), III (a) (b), V, VI, VIII and to Cuba ; from the provisions of Regulation (EEC) No 1533/93 on whereas, in view of world market prices for maize, export the period that must elapse between the date of publica is possible only with the aid of a refund ; tion and the first closing date for the submission of tenders ; Whereas, however, the refund arrangements laid down in Article 13 of Regulation (EEC) No 1766/92 apply to Whereas, pursuant to the abovementioned Regulation export from any Member State ; whereas such arrange (EEC) No 1533/93, the commitments on the part of the ments, therefore, are not only unsuitable for solving the tenderer include the obligation to lodge an appliction for problem in question but may also favour the export of maize from Member States where the market situation is an export licence ; whereas compliance with this obliga tion may be ensured by requiring tenderers to lodge a different from that in Greece ; tendering security of ECU 12 per tonne when they submit their tenders ; Whereas, in the absence of adequate measures, significant quantities of maize may be expected to enter intervention storage in Greece during the marketing year in Whereas the cereals in question should be actually accordance with Article 4 of Regulation (EEC) No exported from the Member State for which a particular 1766/92, the only possibility of disposal being in any case intervention measure was implemented ; whereas it is, export to the countries of zones I, II (a) (b) (c), III (a) (b), therefore, necessary to restrict the use of export licences V, VI, VIII and to Cuba ; whereas, to avoid the abovemen to exports from the Member State in which the licence tioned intervention, a special intervention measure was applied for ; intended to relieve the Greek market should be taken urgently pursuant to Article 6 of the said Regulation ; whereas, furthermore, such a measure should take the Whereas, in order to ensure equal treatment of all form of a direct export incentive, which would avoid the concerned, it is necessary to make provision for the high cost to the Community budget of buying in and licences issued to have an identical period of validity ; storing products which would in any case then have to be exported ; whereas the granting of a refund, the amount of which would be determined by tendering and which Whereas, in order to ensure the smooth operation of the would apply only to products exported from Greeece, export tendering procedure, it is appropriate to prescribe a would be an appropriate measure for this purpose ; minimum quantity to be tendered for and a time limit and form for the communication of tenders submitted to the competent authorities ; Whereas the purpose of the measure is such that refunds should be granted only on maize of the quality required (') OJ No L 74, 20. 3. 1992, p. 18 . (4) OJ No L 280, 13. 11 . 1993, p. 15. (■) OJ No L 181 , 1 . 7. 1992, p. 21 . 0 OJ No L 151 , 23. 6. 1993, p. 15. 0 OJ No L 196, 5. 8. 1993, p. 22. (6) OJ No L 21 , 26. 1 . 1994, p. 1 .
No L 152/8 18 . 6 . 94 Official Journal of the European Communities
Article "> Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, The security referred to in Article 6 of Regulation (EEC) No 1533/93 shall be ECU 12 per tonne.
HAS ADOPTED THIS REGULATION : Article 6
Article 1 1 . By way of derogation from Article 21 (1 ) of Commission Regulation (EEC) No 3719/88 ('), export 1 . A special intervention measure in the form of an licences issued in accordance with Article 9 ( 1 ) of Regula export refund shall be applied in respect of 100 000 tion (EEC) No 1533/93 shall, for the purpose of determi tonnes of maize produced in Greece. ning their period of validity, be deemed to have been issued on the day on which the tender was submitted. Article 13 of Regulation (EEC) No 1766/92 and the provi sions adopted for the application of that Article shall 2. Export licences issued in connection with the invita apply mutatis mutandis to the said refund. tion to tender pursuant to this Regulation shall be valid from their date of issue, as defined in paragraph 1 , until 2. The Greek intervention agency shall be responsible 30 September 1994. for implementing the measure referred to in paragraph 1 . However, licences issued before 1 July 1994 may be used only from that date. Article 2 1 . Tenders shall be invited in order to determine the 3 . Notwithstanding Article 11 of Regulation (EEC) No amount of the refund referred to in Article 1 . 3719/88, export licences under this tendering procedure shall be valid in Greece only. 2. The invitation to tender shall relate to the quantity of maize referred to in Article 1 (1 ) for export to all the Article 7 countries of zones I, II (a) (b) (c), III (a) (b), V, VI, VIII and to Cuba. 1 . The Commission shall decide, under the procedure 3. The invitation shall remain open until 27 July 1994. laid down in Article 23 of Regulation (EEC) No 1766/92, During the period of its validity weekly awards shall be either : made, for which the time limits for the submission of tenders shall be as prescribed in the notice of invitation to — to fix a maximum export refund, taking account in tender. particular of the criteria laid down in Article 2 of Regulation (EEC) No 1533/93, or By way of derogation from Article 5 (4) of Regulation — to make no award. (EEC) No 1533/93, the time limit for submission of tenders under the first partial invitatin to tender shall 2. Where a maximum export refund is fixed, a contract expire on 22 June 1994. shall be awarded to any tenderer whose tender indicates a rate of refund equal to or less than such maximum export 4. Tenders must be submitted to the Greek interven refund. tion agency named in the notice of invitation. 3 . A refund awarded shall not be paid unless the 5. The tendering procedure shall take place in maizey exported is of at least intervention quality in accordance with this Regulation and Regulation (EEC) No 1533/93 . Greece as defined in Article 2 (2) of Regulation (EEC) No 689/92.
Article 3 The competent agency shall have an analysis made, by an approved body or company, of the landed goods and shall A tender shall be valid only if it relates to not less than hold at the Commission's disposal an additional sample 1 000 tonnes . from each consignment taken and sealed in the presence of the tenderer or his representative.
Article 4 Sampling and analysis costs shall be met by the tenderer.
Under the tendering procedure referred to in Article 2, 4. Where the quality does not correspond to that box 20 of applications and the export licences shall indi defined in paragraph 3, the refund shall be reduced by cate the following : ECU 15 per tonne .
'Κανονισμός (ΕΚ) αριθ. 1386/94, πιστοποιητικό ισχύον αποκλειστικά στην Ελλάδα'. (') OJ No L 331 , 2. 12. 1988 , p. 1 .
18 . 6. 94 Official Journal of the European Communities No L 152/9
Article 8 The times fixed for the submission of tenders shall correspond to Belgian time. Tenders submitted must reach the Commission through the intervention of the Greek intervention agency at the latest one and a half hours after expiry of the period for the weekly submission of tenders as specified in the notice of invitation to tender. They must be communi Article 9 cated in the form indicated in Annex I, to the telex or telefax numbers in Annex II.
If no tenders are received, the Greeksh intervention This Regulation shall enter into force on the day of its agency shall inform the Commission of this within the publication in the Official Journal of the European period indicated in the first paragraph. Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 17 June 1994.
For the Commission Rene STEICHEN Member of the Commission
No L 152/ 10 18 . 6. 94 Official Journal of the European Communities
ANNEX I
Weekly tender for the refund for the export of Greek maize to the countries of zones I, II (a) (b) (c), III (a) (b), V, VI VIII and to Cuba
(Closing date for the submission of tenders (date/time))
1 2 3
Number Quantity Amount of export refund of tender 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) — telefax : — 295 01 32, 296 10 97, 295 25 15.