31989R3949
No L 379 /38 28 . 12. 89 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 3949/89 of 22 December 1989 on a special intervention measure for common wheat in Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES, required for acceptance for intervention, as defined in Commission Regulation (EEC) No 1 569/77 (3), as last amended by Regulation (EEC) No 1663/89 (4); whereas Having regard to the Treaty establishing the European the competent agency must make certain common wheat Economic Community, exported is of this standard ;
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 3707/89 (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 Whereas production of common wheat in Spain exceeds October 1975 laying down general rules for granting that country'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 the Community market is slight ; tendering for export refunds on cereals (*), as last amended by Regulation (EEC) No 2788/86 Q ; Whereas the Spanish market can be relieved by the export of part of this surplus quantity of common wheat to non-member countries ; whereas, in view of world Whereas, since the interested parties are already aware of the terms of the invitation, a derogation may be made market prices for common wheat, 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, however, 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 common wheat from Member States where the market include the obligation to lodge an application for an situation is different from that in Spain ; export licence ; whereas compliance with this obligation may be ensured by requiring tenderers to lodge a tendering security of ECU 12 per tonne when they Whereas, in the absence of adequate measures, massive submit their tenders ; quantities of common wheat may be expected to enter intervention storage in Spain during the marketing year in accordance with Article 7 of Regulation (EEC) No Whereas, in order to ensure equal treatment of all 2727/75, the only possibility of disposal being in any case concerned, it is necessary to make provision for the export to non-member countries ; whereas, to avoid the licences issued to have an identical period of validity ; abovementioned intervention, a special intervention measure intended to relieve the Spanish market should be taken under Article 8 of the said Regulation ; whereas, Whereas, in order to ensure the smooth operation of the furthermore, such a measure should take the form of a export tendering procedure, it is appropriate to prescribe a direct export incentive, which would avoid the high cost minimum quantity to be tendered for and a time limit to the Community budget of buying in and storing and form for the communication of tenders submitted to products which would in any case then have to be the competent authorities ; exported ; whereas the granting of a refund, the amount of which would be determined by tendering and which would apply only to products exported from Spain, would Whereas, the measures provided for in this Regulation are be an appropriate measure for this purpose ; 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 common wheat of the quality 3 OJ No L 174, 14. 7. 1977, p. 15. (4) OJ No L 163, 14. 6. 1989, p. 13. O - 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 363, 13. 12. 1989, p. 1 . 0 OJ No L 257, 10. 9. 1986, p. 32.
28 . 12. 89 Official Journal of the European Communities No L 379 / 39
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 250 000 determining their period of validity, be deemed to have tonnes of common wheat 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 common wheat referred to in Article 1 ( 1 ) for export to of Regulation (EEC) No 2746/75, or the countries in zones I to VIII listed in Annex I to — to make no award. Commission Regulation (EEC) No 11 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 29 March rate of refund equal to or less than such maximum export 1990. 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 tenders shall be as prescribed in the notice of invitation to tender. common wheat exported is of at least intervention quality as defined in Article 2 (2) of Regulation (EEC) No By way of derogation from Article 1 (2) of Regulation 1 569/77. (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 4 January 1990. 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.
5. The tendering procedure shall take place in Sampling and analysis costs shall be met by the tenderer. 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 379/40 28 . 12 . 89 Official Journal of the European Communities
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 December 1989.
For the Commission Ray MAC SHARRY Member of the Commission
ANNEX
Weekly tender for the refund for the export of common wheat 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 .