31987R1401

No L 133/34 Official Journal of the European Communities 22 . 5 . 87

COMMISSION REGULATION (EEC) No 1401 /87 of 21 May 1987 on a special intervention measure for barley in Spain

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 714/87 (4) ; whereas the competent Having regard to the Treaty establishing the European agency must make certain barley exported is of this stan­ Economic Community, dard ;

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 2727US 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 barley in Spain exceeds that coun­ October 1975 laying down general rules for granting try'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 on the system of tende­ the Community market is slight ; ring for export refunds on cereals (% as last amended by Regulation (EEC) No 2944/78 Q ; Whereas the Spanish market can be relieved by the export of part of this surplus quantity of barley to non­ member countries ; whereas, in view of world market Whereas, since the interested parties are already aware of the terms of the invitation, a derogation may be made prices for barley, 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, hovewer, 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 barley 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 campliance with this obligation may be ensured by requiring tenderers to lodge a tende­ ring security of 12 ECU per tonne when they submit Whereas, in the absence of adequate measures, massive their tenders ; quantities of barley may be excepted to enter intervention storage in Spain during the marketing year in accordance with Article 7 of Regulation (EEC) No 2727/75, the only Whereas, in order to ensure equal treatment of all possibility of disposal being in any case export to non­ concerned, it is necessary to make provision for the member countries ; whereas, to avoid the abovementioned licences issued to have an identical period of validity ; intervention, a special intervention measure intended to relieve the Spanish market should be taken under Article 8 of the said Regulation ; whereas, furthermore, such a Whereas, in order to ensure the smooth operation of the measure should take the form of a direct export incentive, export tendering procedure, it is appropriate to prescribe a which would avoid the high cost to the Community minimum quantity to be tendered for and a time limit budget of buying in and storing products which would in and form for the communication of tenders submitted to any case then have to be exported ; whereas the granting the competent authorities ; of a refund, the amount of which would be determined by tendering and which would apply only to products exported from Spain, would be an appropriate measure for Whereas, the measures provided for in this Regulation are this purpose ; in accordance with the opinion of the Management Committee for Cereals, Whereas the purpose of the measure is such that refunds (3) OJ No L 174, 14. 7. 1977, p. 15. should be granted only on barley of the quality required (<) OJ No L 42, 12. 2. 1987, p. 24. (*) OJ No L 281 , 1 . 11 . 1975, p. 78 . (') OJ No L 281 , 1 . 11 . 1975, p . 1 . (j OJ No L 31 , 5. 2. 1975, p. 8. (2 OJ No L 139, 24. 5 . 1986, p. 29 . O OJ No L 351 , 15 . 12. 1978 , p. 16.

22. 5 . 87 No L 133/35 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : Article 5

1 . By way of derogation from Article 21 ( 1 ) of Article 1 Commission Regulation (EEC) No 3183/80 (2), as last amended by Regulation (EEC) No 391 3/86 (3), export 1 . A special intervention measure in the form of an licences issued in accordance with Article 8 ( 1 ) of Regula­ export refund shall be applied in respct of 500 000 tonnes tion (EEC) No 279/75 shall, for the purpose of determi­ of barley exported form Spain. ning their period of validity, be deemed to have been issued on the day on which the tender was submitted. Article 16 of Regulation (EEC) No 2727/75 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 Spanish intervention agency shall be respon­ 30 June 1987 inclusive. sible for implementing the measure referred to in para­ graph 1 . Article 6

Article 2 1 . The Commission shall decide, under the procedure laid down in Article 26 of Regulation (EEC) No 2727/75, 1 . Tenders shall be invited in order to determine the either : amount of the refund referred to in Article 1 . — to fix a maximum export refund, taking account in 2. The invitation to tender shall relate to the quantity particular of the criteria laid down in Articles 2 and 3 of barley referred to in Article 1 ( 1 ) for export to the of Regulation (EEC) No 2746/75, or countries in zone I to VIII listed in Annex I to Commis­ — to make no award . sion Regulation (EEC) No 1 1 24/77 ('), the Germany 2. Where a maximum export refund is fixed, a contract Democratic Republic and the Canary Islands. shall be awarded to any tenderer whose tender indicates a 3. The invitation shall remain open until 25 June rate of refund equal to or less than such maximum export 1987. During the period of its validity weekly awards shall refund . be made, for which the time limits for the submission of 3 . A refund awarded shall not be paid unless the barley tenders shall be as prescribed in the notice of invitation to tender. exported is of a least intervention quality as defined in Article 2 (2) of Regulation (EEC) No 1569/77. By way of derogation from Article 1 (2) of Regulation The competent agency shall have an analysis made, by an (EEC) No 279/75, the time limit for submission of approved body or company, of the landed goods and shall tenders under the first partial invitation to tender shall hold at the Commission's disposal an additional sample expire on 27 May 1987. form each consignment taken and sealed in the presence 4. Tenders must be submitted to the Spanish interven­ of the tenderer or his representative. tion agency named in the notice of invitation. Sampling and analysis costs shall be met by the tenderer. 5. The tendering procedure shall take place in accor­ dance with this Regulation and Regulation (EEC) No Article 7 279/75. Tenders submitted must reach the Commission through the intervention of the Spanish intervention agency at the Article 3 latest one and a half hours after expiry of the period for the weekly submission of tenders as specified in the A tender shall be valid only if : notice of invitation to tender. They must be communi­ — it relates to not less than 1 000 tonnes, cated in the form indicated in the Annex .

— it is accompanied by : If no tenders are received, the Spanish intervention — advance fixing of the Spanish monetary compen­ agency shall inform the Commission of this within the satory amount valid on each closing date for the period indicated in the first paragraph. submission of tenders, The times fixed for the submission of tenders shall corres­ — the undertaking provided for in Article 2 (3) (b) of pond to Belgian time. Regulation (EEC) No 279/75 that the export licence will be applied for in Spain. Article 8

Article 4 This Regulation shall enter into force on the day of its publication in the Official Journal of the European The security referred to in Article 3 of Regulation (EEC) Communities. No 273/75 shall be 12 ECU per tonne . o OJ No L 338 , 13 . 12. 1980, p . 1 . (') OJ No L 134, 28 . 5. 1977, p. 53 . O OJ No L 364, 23 . 12. 1986, p. 31 .

No L 133/36 22 . 5. 87 Official Journal of the European Communities

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 21 May 1987.

For the Commission Frans ANDRIESSEN Vice-President

ANNEX

Weekly tender for the refund for the export of barley to countries in zones I to VIII, the German {Democratic Republic and the Canary Islands

(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 .