31988R2444

4. 8 . 88 Official Journal of the European Communities No L 211 / 15

COMMISSION REGULATION (EEC) No 2444/88 of 3 August 1988 on a special intervention measure for barley in Spain

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 1 569/77 (3), as last amended by Regulation (EEC) No 2391 /88 (4) ; however, it is necessary to foresee an exception concerning the specific weight, Having regard to the Treaty establishing the European having regard to the meteorological circumstances in Economic Community, Spain this year ; whereas the competent agency must make certain barley exported is of this standard ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) Whereas the nature and objectives of the said measures No 2221 /88 (2), and in particular Article 8 (4) thereof, make it appropriate to apply in respect of it mutatis mutandis Article 1 6 of Regulation (EEC) No 2727/75 and the Regulations adopted for the application thereof, in Whereas production of barley in Spain exceeds that particular Council Regulation (EEC) No 2746/75 of 29 country's requirements ; October 1975 laying down general rules for granting export refunds on cereals and criteria for fixing the Whereas the possibility of that surplus being absorbed by amount of such refunds (*), and Commission Regulation the Community market is slight ; (EEC> No 279/75 of 4 February 1975 laying down detailed rules for the application on the system of tendering for export refunds on cereals (6), as last amended Whereas the Spanish market can be relieved by the by Regulation (EEC) No 2788/86 Q ; export of part of this surplus quantity of barley to non­ member countries ; whereas, in view of world market prices for barley, export is possible only with the aid of a Whereas, since the interested parties are already aware of refund ; the terms of the invitation, a derogation may be made from the provisions of Regulation (EEC) No 279/75 on the period that must elapse between the date of publica­ Whereas, however, the refund arrangements laid down in tion and the first closing date for the submission of Article 16 of Regulation (EEC) No 2727/75 apply to tenders ; export from any Member State ; whereas such arrange­ ments, therefore, are not only unsuitable for solving the problem in question but may also favour the export of Whereas, under the abovementioned Regulation (EEC) barley from Member States where the market situation is No 279/75, the commitments on the part of the tenderer different from that in Spain ; include the obligation to lodge an application for an export licence ; whereas compliance with this obligation Whereas, in the absence of adequate measures, massive may be ensured by requiring tenderers to lodge a quantities of barley may be expected to enter intervention tendering security of 12 ECU per tonne when they storage in Spain during the marketing year in accordance submit their tenders ; with Article 7 of Regulation (EEC) No 2727/75, the only possibility of disposal being in any case export to non­ Whereas, in order to ensure equal treatment of all member countries ; whereas, to avoid the abovementioned concerned, it is necessary to make provision for the intervention, a special intervention measure intended to licences issued to have an identical period of validity ; relieve the Spanish market should be taken under Article 8 of the said Regulation ; whereas, furthermore, such a measure should take the form of a direct export incentive, Whereas, in order to ensure the smooth operation of the which would avoid the high cost to the Community export tendering procedure, it is appropriate to prescribe a budget of buying in and storing products which would in minimum quantity to be tendered for and a time limit any case then have to be exported ; whereas the granting and form for the communication of tenders submitted to of a refund, the amount of which would be determined by the competent authorities ; tendering and which would apply only to products exported from Spain, would be an appropriate measure for this purpose ; Whereas, the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, Whereas the purpose of the measure is such that refunds should be granted only on barley of the quality required for acceptance for intervention, as defined in Commission 0 OJ No L 174, 14. 7. 1977, p. 15. 0 OJ No L 205, 30. 7. 1988 , p. 75. 0 OJ No L 281 , 1 . 11-. 1975, p. 78 . (■) OJ No L 281 , 1 . 11 . 1975, p. 1 , («) OJ No L 31 , 5. 2. 1975, p. 8 . 0 OJ No L 197, 26. 7. 1988, p. 16. n 01 No L 257, 10 . 9 . 1986, p. 32.

No L 211 / 16 Official Journal of the European Communities 4. 8 . 88

HAS ADOPTED THIS REGULATION : amended by Regulation (EEC) No 2082/87 (3), export licences issued in accordance with Article 8 (1 ) of Article 1 Regulation (EEC) No 279/75 shall, for the purpose of determining their period of validity, be deemed to have 1 . A special intervention measure in the form of an been issued on the day on which the tender was export refund shall be applied in respect of 500 000 submitted. tonnes of barley produced in Spain. Article 16 of Regulation (EEC) No 2727/75 and the provi­ 2. Export licences issued in connection with the invita­ sions adopted for the application of that Article shall tion to tender pursuant to this Regulation shall be valid apply mutatis mutandis to the said refund. from their date of issue, as defined in paragraph 1 , until the end of the fourth month following that of the issue. 2. The Spanish intervention agency shall be respon­ 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 zones I to VIII listed in Annex I to Commis­ — to make no award. sion Regulation (EEC) No 11 24/77 ('), the German Democratic Republic and the Canary Islands. 2. Where a maximum export refund is fixed, a contract 3 . The invitation shall remain open until 23 February shall be awarded to any tenderer whose tender indicates a 1989. During the period of its validity weekly awards shall rate of refund equal to or less than such maximum export be made, for which the time limits for the submission of refund. tenders shall be as prescribed in the notice of invitation to tender. 3. A refund awarded shall not be paid unless the barley exported is of at least intervention quality as defined in By way of derogation from Article 1 (2) of Regulation Article 2 (2) of Regulation (EEC) No 1569/77, with the (EEC) No 279/75, the time limit for submission of exception of a specific minimum wight of 60 kg/hi. tenders under the first partial invitation to tender shall expire on 11 August 1988 . The competent agency shall have an analysis made, by an 4. Tenders must be submitted to the Spanish interven­ approved body or company, of the landed goods and shall tion agency named in the notice of invitation. hold at the Commission's disposal an additional sample from each consignment taken and sealed in the presence 5. The tendering procedure shall take place in of the tenderer or his representative. accordance with this Regulation and Regulation (EEC) No 279/75. Sampling and analysis costs shall be met by the tenderer.

Article 3 Article 7 A tender shall be valid only if : — it relates to not less than 1 000 tonnes, Tenders submitted must reach the Commission through the intervention of the Spanish intervention agency at the — it is accompanied by : latest one and a half hours after expiry of the period for —■ advance fixing of the Spanish monetary compen­ the weekly submission of tenders as specified in the satory amount valid on each closing date for the notice of invitation to tender. They must be communi­ submission of tenders, cated in the form indicated in the Annex. — the undertaking provided for in Article 2 (3) (b) of If no tenders are received, the Spanish intervention Regulation (EEC) No 279/75 that the export agency shall inform the Commission of this within the licence will be applied for in Spain. period indicated in the first paragraph. Article 4 The times fixed for the submission of tenders shall corre­ The security referred to in Article 3 of Regulation (EEC) spond to Belgian time. No 279/75 shall be 12 ECU per tonne.

Article 8 Article 5 1 . By way of derogation from Article 21 ( 1 ) of This Regulation shall enter into force on the day of its Commission Regulation (EEC) No 3183/80 (2), as last publication in the Official Journal of the European Communities. (') OJ No L 134, 28 . 5. 1977, p. 53 . 0 OJ No L 338, 13. 12. 1980* p. 1 . 0 OJ No L 195, 16. 7. 1987, p. 11 .

4. 8 . 88 Official Journal of the European Communities No L 211 / 17

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

Done at Brussels, 3 August 1988 .

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 I

3 '

etc.