31994R1082
No L 120 /24 Official Journal of the European Communities 11 . 5. 94
COMMISSION REGULATION (EC) No 1082/94 of 10 May 1994 on a special intervention measure for barley in Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES, agency must make certain barley exported is of this stan dard ; Having regard to the Treaty establishing the European Community, Whereas the nature and objectives of the said measures make it appropriate to apply in respect of it mutatis Having regard to Council Regulation (EEC) No 1766/92 mutandis Article 13 of Regulation (EEC) No 1766/92 and of 30 June 1992 on the common organization of the the Regulations adopted for the application thereof, in market in cereals ('), as amended by Commission Regula particular Commission Regulation (EEC) No 1533/93 of tion (EEC) No 2193/93 (2), and in particular Article 6 (2) 22 June 1993 laying down certain detailed rules under thereof, Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in Whereas production of barley in Spain exceeds that coun the event of disturbance on the market for cereals (*), as try's requirements ; amended by Regulation (EC) No 1 20/94 (6) ;
Whereas the possibility of that surplus being absorbed by Whereas, since the interested parties are already aware of the Community market is slight ; the terms of the invitation, a derogation may be made from the provisions of Regulation (EEC) No 1533/93 on Whereas the Spanish market can be relieved by the the period that must elapse between the date of publica export of part of this surplus quantity of barley to non tion and the first closing date for the submission of member countries ; whereas, in view of world market tenders ; prices for barley, export is possible only with the aid of a refund ; Whereas compliance with this obligation may be ensured by requiring tenderers to lodge a tendering security of Whereas, however, the refund arrangements laid down in ECU 1 2 per tonne when they submit their tenders ; Article 13 of Regulation (EEC) No 1766/92 apply to export from any Member State ; whereas such arrange Whereas the cereals in question should be actually ments, therefore, are not only unsuitable for solving the exported from the Member State for which a particular problem in question but may also favour the export of intervention measure was implemented ; whereas it is, barley from Member States where the market situation is therefore, necessary to restrict the use of export licences different from that in Spain ; to exports from the Member State in which the licence was applied for ; Whereas, in the absence of adequate measures, massive quantities of barley may be exptected to enter interven Whereas, in order to ensure equal treatment of all tion storage in Spain during the marketing year in concerned, it is necessary to make provision for the accordance with Article 4 of Regulation (EEC) No licences issued to have an identical period of validity ; 1766/92, the only possibility of disposal being in any case export to non-member countries ; whereas, to avoid the Whereas, in order to ensure the smooth operation of the abovementioned intervention, a special intervention export tendering procedure, it is appropriate to prescribe a measure intended to relieve the Spanish market should be minimum quantity to be tendered for and a time limit taken pursuant to Article 6 of the said Regulation ; and form for the communication of tenders submitted to whereas, furthermore, such a measure should take the the competent authorities ; form of a direct export incentive, which would avoid the high cost to the Community budget of buying in and Whereas the measures provided for in this Regulation are storing products which would in any case then have to be in accordance with the opinion of the Management exported ; whereas the granting of a refund, the amount of Committee for Cereals, which would be determined by tendering and which would apply only to products exported from Spain, would be an appropriate measure for this purpose ; HAS ADOPTED THIS REGULATION : Whereas the purpose of the measure is such that refunds should be granted only on barley of the quality required Article 1 for acceptance for intervention, as defined in Commission Regulation (EEC) No 689/92 (3), as last amended by Regu 1 . A special intervention measure in the form of an lation (EC) No 3134/93 (4); whereas the competent export refund shall be applied in respect of 300 000 tonnes of barley produced in Spain. (') OJ No L 181 , 1 . 7. 1992, p. 21 . 2 OJ No L 196, 5. 8. 1993, p. 22. 3) OJ No L 74, 20 . 3. 1992, p. 18 . 0 OJ No L 151 , 23 . 6. 1993, p. 15. 0 OJ No L 280, 13. 11 . 1993, p. 15. (6) OJ No L 21 , 26. 1 . 1994, p. 1 .
11 . 5. 94 Official Journal of the European Communities No L 120/25
Article 13 of Regulation (EEC) No 1766/92 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 3 . Notwithstanding Article 1 1 of Regulation (EEC) No graph 1 . 3719/88 , export licences under this tendering procedure shall be valid in Spain only.
Article 2 Article 7 1 . Tenders shall be invited in order to determine the amount of the refund referred to in Article 1 . 1 . The Commission shall decide, under the procedure laid down in Article 23 of Regulation (EEC) No 1766/92, either : 2. The invitation to tender shall relate to the quantity of barley referred to in Article 1 ( 1 ) for export to all third — to fix a maximum export refund, taking account in countries . particular of the criteria laid down in Article 2 of Regulation (EEC) No 1533/93, or 3 . The invitation shall remain open until 18 May 1995. — to make no award. During the period of its validity weekly awards shall be made, for which the time limits for the submission of 2. Where a maximum export refund is fixed, a contract tenders shall be as prescribed in the notice of invitation to shall be awarded to any tenderer whose tender indicates a tender. rate of refund equal to or less than such maximum export refund . 4. Tenders must be submitted to the Spanish interven tion agency named in the notice of invitation. 3 . A refund awarded shall not be paid unless the barley exported is of at least intervention quality in Spain as 5. The tendering procedure shall take place in defined in Article 2 (2) of Regulation (EEC) No 689/92. accordance with this Regulation and Regulation (EEC) No 1533/93 . The competent agency shall have an analysis made, by an approved body or company, of the landed goods and shall hold at the Commission's disposal an additional sample Article 3 from each consignment taken and sealed in the presence of the tenderer or his representative. A tender shall be valid only if it relates to not less than 1 000 tonnes . Sampling and analysis costs shall be met by the tenderer.
4. Where the quality does not correspond to that Article 4 defined in paragraph 3, the refund shall be reduced by ECU 15 per tonne . Under the tendering procedure referred to in Article 2, box 20 of applications and the export licences shall indi Article 8 cate the fcllowing : 'Reglamento (CE) n° 1082/94 certificado valido exclu Tenders submitted must reach the Commission through sivamente en España.' the intervention of the Spanish intervention agency at the latest one and a half hours after expiry of the period for the weekly submission of tenders as specified in the Article 5 notice of invitation to tender. They must be communi cated in the form indicated in Annex I, to the telex or telefax numbers in Annex II . The security referred to in Article 6 of Regulation (EEC) No 1533/93 shall be ECU 12 per tonne. If no tenders are received, the Spanish intervention agency shall inform the Commission of this within the Article 6 period indicated in the first paragraph.
The times fixed for the submission of tenders shall 1 . By way of derogation from Article 21 ( 1 ) of correspond to Belgian time . Commission Regulation (EEC) No 3719/88 ('), export licences issued in accordance with Article 9 ( 1 ) of Regula tion (EEC) No 1533/93 shall, for the purpose of determi Article 9 ning their period of validity, be deemed to have been issued on the day on which the tender was submitted. 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.
No L 120/26 Official Journal of the European Communities 11 . 5 . 94
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 May 1994.
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.