31993R2147
31 . 7 . 93 Official Journal of the European Communities No L 191 / 109
COMMISSION REGULATION (EEC) No 2147/93 of 30 July 1993 on a special intervention measure for barley in Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the nature and objectives of the said measures make it appropriate to apply in respect of it mutatis Having regard to the Treaty establishing the European mutandis Article 13 of Regulation (EEC) No 1766/92 and Economic Community, the Regulations adopted for the application thereof, in particular Commission Regulation (EEC) No 1533/93 of Having regard to Council Regulation (EEC) No 1766/92 22 June 1993 laying down certain detailed rules under of 30 June 1992 on the common organization of the Council Regulation (EEC) No 1766/92 on the granting of market in cereals ('), and in particular Article 6 (2) thereof, export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (4) ; Whereas production of barley in Spain exceeds that coun try's requirements ; Whereas, since the interested parties are already aware of the terms of the invitation, a derogation may be made Whereas the possibility of that surplus being absorbed by from the provisions of Regulation (EEC) No 1533/93 on the Community market is slight ; the period that must elapse between the date of publica tion and the first closing date for the submission of Whereas the Spanish market can be relieved by the tenders ; export of part of this surplus quantity of barley to non member countries ; whereas, in view of world market Whereas, pursuant to the abovementioned Regulation prices for barley, export is possible only with the aid of a (EEC) No 1533/93, the commitments on the part of the refund ; tenderer include the obligation to lodge an application for an export licence ; whereas compliance with this obliga Whereas, however, the refund arrangements laid down in tion may be ensured by requiring tenderers to lodge a Article 13 of Regulation (EEC) No 1766/92 apply to tendering security of ECU 12 per tonne when they export from any Member State ; whereas such arrange submit their tenders ; ments, therefore, are not only unsuitable for solving the problem in question but may also favour the export of Whereas the cereals in question should be actually barley from Member States where the market situation is exported from the Member State for which a particular different from that in Spain ; intervention measure was implemented ; whereas it is, therefore, necessary to restrict the use of export licences Whereas, in the absence of adequate measures, massive to exports from the Member State in which the licence quantities of barley may be exptected to enter interven was applied for ; tion storage in Spain during the marketing year in accor dance with Article 4 of Regulation (EEC) No 1766/92, the Whereas, in order to ensure equal treatment of all only possibility of disposal being in any case export to concerned, it is necessary to make provision for the non-member countries ; whereas, to avoid the abovemen licences issued to have an identical period of validity ; tioned intervention, a special intervention measure intended to relieve the Spanish market should be taken Whereas, in order to ensure the smooth operation of the pursuant to Article 6 of the said Regulation ; whereas, export tendering procedure, it is appropriate to prescribe a furthermore, such a measure should take the form of a minimum quantity to be tenderer for and a time limit and form for the communication of tenders submitted to direct export incentive, which would avoid the high cost to the Community budget of buying in and storing the competent authorities ; products which would in any case then have to be exported ; whereas the granting of a refund, the amount of Whereas, the measures provided for in this Regulation are which would be determined by tendering and which in accordance with the opinion of the Management would apply only to products exported from Spain, would Committee for Cereals, be an appropriate measure for this purpose ;
Whereas the purpose of the measure is such that refunds HAS ADOPTED THIS REGULATION : should be granted only on barley of the quality required for acceptance for intervention, as defined in Commission Regulation (EEC) No 689/92 (2), as last amended by Regu Article 1 lation (EEC) No 1715/93 ('); whereas the competent agency must make certain barley exported is of this stan dard ; 1 . A special intervention measure in the form of an export refund shall be applied in respect of 400 000 tonnes of barley produced in Spain . (') OJ No L 181 , 1 . 7. 1992, p. 21 . (2) OJ No L 74, 20 . 3 . 1992, p. 18 . (') OJ No L 159, 1 . 7. 1993, p. 100 . (4) OJ No L 151 , 23 . 6. 1993 , p. 15.
No L 191 / 110 Official Journal of the European Communities 31 . 7 . 93
Article 13 of Regulation (EEC) No 1766/92 and the provi ning their period of validity, be deemed to have been sions adopted for the application of that Article shall issued on the day on which the tender was submitted. apply mutatis mutandis to the said refund . , 2. Export licences issued in connection with the invita 2. The Spanish intervention agency shall be respon tion to tender pursuant to this Regulation shall be valid sible for implementing the measure referred to in para from their date of issue, as defined in paragraph 1 , until graph 1 . the end of the fourth month following that of the issue.
3 . Notwithstanding Article 1 1 of Regulation (EEC) Article 2 No 3719/88, export licences under this tendering proce dure shall be valid in Spain only. 1 . Tenders shall be invited in order to determine the amount of the refund referred to in Article 1 . Article 7 2. The invitation to tender shall relate to the quantity 1 . The Commission shall decide, under the procedure of barley referred to in Article 1 ( 1 ) for export to all third laid down in Article 23 of Regulation (EEC) No 1766/92, countries . either : 3. The invitation shall remain open until 26 May 1994. — to fix a maximum export refund, taking account in During the period of its , validity weekly awards shall be particular of the criteria laid down in Article 2 of made, for which the time limits for the submission of Regulation (EEC) No 1533/93 , or tenders shall be as prescribed in the notice of invitation to — to make no award . tender. 2. Where a maximum export refund is fixed, a contract By way of derogation from Article 5 (4) of Regulation shall be awarded to any tenderer whose tender indicates a (EEC) No 1533/93, the time limit for submission of rate of refund equal to or less than such maximum export tenders under the first partial invitation to tender shall refund . expire on 5 August 1993. 3. A refund awarded shall not be paid unless the barley 4. Tenders must be submitted to the Spanish interven exported is of at least intervention quality in Spain as tion agency named in the notice of invitation . defined in Article 2 (2) of Regulation (EEC) No 689/92.
5. The tendering procedure shall take place in accor The competent agency shall have an analysis made, by an dance with this Regulation and Regulation (EEC) approved body or company, of the landed goods and shall No 1533/93 . hold at the Commission's disposal an additional sample from each consignment taken and sealed in the presence of the tenderer or his representative. Article 3 Sampling and analysis costs shall be met by the tenderer. A tender shall be valid only if it relates to not less than 1 000 tonnes . 4. Where the quality does not correspond to that defined in paragraph 3, the refund shall be reduced by ECU 15 per tonne. Article 4 Article 8 Under the tendering procedure referred to in Article 2, box 20 of applications and the export licences shall indi Tenders submitted must reach the Commission through cate the following : the intervention of the Spanish intervention agency at the Reglamento (CEE) n° 2147/93 certificado válido latest one and a half hours after expiry of the period for exclusivamente en España.' the weekly submission of tenders as specified in the notice of invitation to tender. They must be communi cated in the form indicated in Annex I, to the telex or Article 5 telefax numbers in Annex II .
The security referred to in Article 6 of Regulation (EEC) If no tenders are received, the Spanish intervention No 1533/93 shall be ECU 12 per tonne. agency shall inform the Commission of this within the period indicated in the first paragraph .
Article 6 The times fixed for the submission of tenders shall corres pond to Belgian time. 1 . By way of derogation from Article 21 ( 1 ) of Commission Regulation (EEC) No 3719/88 ('), export Article 9 licences issued in accordance with Article 9 ( 1 ) of Regula tion (EEC) No 1533/93 shall, for the purpose of determi This Regulation shall enter into force on the day of its publication in the Official Journal of the European (') OJ No L 331 , 2. 12. 1988, p. 1 . Communities.
31 . 7 . 93 Official Journal of the European Communities No L 191 / 111
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 30 July 1993 .
For the Commission Rene STEICHEN Member of the Commission
ANNEX I
Weekly tender for the refund for the export of Spanish barley to all third countries
(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, 236 25 15.