31989R1623
No L 159 /24 Official Journal of the European Communities 10 . 6. 89
COMMISSION REGULATION (EEC) No 1623/89 of 9 June 1989 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 3495/88 (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 1213/89 (2), and in particular Article 8 (3) thereof, make it appropriate to apply in respect of it mutatis mutandis Article 16 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 ECU 12 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 member countries ; whereas, to avoid the abovementioned Whereas, in order to ensure equal treatment of all 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 (3) OJ No L 174, 14. 7. 1977, p. 15. (4) OJ No L 306, 11 . 11 . 1988 , p. 26. 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 . 4 OJ No L 128, 11 . 5. 1989, p. 1 . 0 OJ No L 257, 10 . 9. 1986, p. 32.
10 . 6 . 89 Official Journal of the European Communities No L 159/25
HAS ADOPTED THIS REGULATION : Article 5
1 . By way of derogation from Article 21 (1 ) of Article 1 Commission Regulation (EEC) No 3719/88 (2), export licences issued in accordance with Article 8 (1 ) of 1 . A special intervention measure in the form of an Regulation (EEC) No 279/75 shall, for the purpose of export refund shall be applied in respect of 300 000 determining their period of validity, be deemed to have tonnes of barley produced in Spain. 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 the end of the third month following that of the issue; 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 1 1 24/77 ('), the German Democratic Republic and the Canary Islands. 2. Where a maximum export refund is fixed, a contract shall be awarded to any tenderer whose tender indicates a 3. The invitation shall remain open until 1 June 1990. rate of refund equal to or less than such maximum export During the period of its validity weekly awards shall be refund. 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 at least intervention quality as defined in Article 2 (2) of Regulation (EEC) No 1569/77, with the By way of derogation from Article 1 (2) of Regulation exception of a specific minimum weight of 62 kg/hi. (EEC) No 279/75, the time limit for submission of The competent agency shall have an analysis made, by an tenders under the first partial invitation to tender shall approved body or company, of the landed goods and shall expire on 15 June 1989. hold at the Commission's disposal an additional sample 4. Tenders must be submitted to the Spanish interven from each consignment taken and sealed in the presence tion agency named in the notice of invitation. of the tenderer or his representative.
Sampling and analysis costs shall be met by the tenderer. 5. The tendering procedure shall take place in accordance with this Regulation and Regulation (EEC) No 279 /75 . Article 7
Tenders submitted must reach the Commission through Article 3 the intervention of the Spanish intervention agency at the latest one and a half hours after expiry of the period for A tender shall be valid only if : the weekly submission of tenders as specified in the — it relates to not less than 1 000 tonnes, notice of invitation to tender. They must be communi cated in the form indicated in the Annex. — it is accompanied by : — advance fixing of the Spanish monetary compen If no tenders are received, the Spanish intervention satory amount valid on each closing date for the agency shall inform the Commission of this within -the submission of tenders, period indicated in the first paragraph. — the undertaking provided for in Article 2 (3) (b) of The times fixed for the submission of tenders shall corre Regulation (EEC) No 279/75 that the export spond to Belgian time. licence will be applied for in Spain.
Article 8 Article 4 This Regulation shall enter into force on the day of its The security referred to in Article 3 of Regulation (EEC) publication in the Official Journal of the European No 279/75 shall be ECU 12 per tonne. Communities.
(') OJ No L 134, 28 . 5. 1977, p. 53. (2) OJ No L 331 , 2. 12. 1988 , p. 1 .
No L 159/26 Official Journal of the European Communities 10 . 6 . 89
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 9 June 1989.
For the Commission Ray MAC SHARRY Member of the Commission
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 .