EN Official Journal of the European Communities 22. 9. 98 L 258/13
COMMISSION REGULATION (EC) No 2007/98
of 21 September 1998
on a special intervention measure for cereals in Finland and Sweden
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Community,
Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of themarket in cereals (
1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article 6
thereof,
Whereas oats are one of the products covered by the
common organisation of the market in cereals; whereas itis not, however, included among the basic cereals referredto in Article 4 of Regulation (EEC) No 1766/92 for whichprovision is made for intervention buying-in;
Whereas oats is a major traditional crop in Finland and
Sweden which is well suited to the weather conditionsobtaining in those countries; whereas production farexceeds requirements in those countries with the resultthat they are required to dispose of surpluses by exportingthem to third countries; whereas membership of theCommunity has not altered the previously existing situa-tion;
Whereas any reduction in the quantity of oats grown in
Finland and Sweden would be beneficial to other cerealsqualifying for the intervention arrangements, especiallybarley; whereas production of barley is in surplus both inthe two Nordic countries and across the whole of theCommunity; whereas a switch from oats to barley wouldonly worsen the situation and create further surpluses;whereas it is necessary therefore to ensure that exports ofoats to third countries can continue;
Whereas refunds may be granted in respect of oats
pursuant to Article 13 of Regulation (EEC) No 1766/92;whereas the geographical situation of Finland and Swedenplaces them in a less favourable position from the pointof view of exporting than other Member States; whereasthe fixing of refunds on the basis of Article 13 favoursprimarily those other Member States; whereas it is anticip-ated therefore that the production of oats in the twoNordic countries will give way increasingly to that ofbarley; whereas, consequently, in coming years, substan-tial quantities of barley must be expected to enter inter-vention storage in Finland and Sweden pursuant toArticle 4 of Regulation (EEC) No 1766/92, the only poss-ibility of disposal being export to third countries; whereas
exports from intervention storage are more costly to theCommunity budget than direct exports;
Whereas a special intervention measure within the
meaning of Article 6 of that Regulation could preventthese additional costs; whereas this intervention measureshould be taken in the form of a measure intended torelieve the market in oats in Finland and Sweden; whereasthe grant of a refund by a tendering procedure whichwould apply only to oats produced and exported fromthose two countries would be the most appropriatemeasure in the circumstances;
Whereas the nature and objectives of the said measure
make it appropriate to apply to it, mutatis mutandis,
Article 13 of Regulation (EEC) No 1766/92 and the Regu-lations adopted for its implementation, in particularCommission Regulation (EC) No 1501/95 of 29 June1995 laying down certain detailed rules for the applica-tion of Council Regulation (EEC) No 1766/92 on thegranting of export refunds on cereals and the measures tobe taken in the event of disturbance on the market forcereals (
3), as last amended by Regulation (EC) No 2052/
97 (4);
Whereas Regulation (EC) No 1501/95 requires tenderers
to apply for an export licence among their other under-takings; whereas compliance with this obligation may beensured by requiring tenderers to lodge a security of ECU12 per tonne when they submit their tenders;
Whereas the cereals in question should actually be
exported from the Member States for which a specialintervention measure was implemented; whereas it isnecessary therefore to limit the use of export licences toexports from the Member State in which application forthe licence was made and to oats produced in Finlandand Sweden;
Whereas, in order to ensure equal treatment for all
concerned, it is necessary to make provision that thelicences issued have an identical period of validity;
Whereas, in order to ensure the smooth operation of the
export tendering procedure, it is necessary to prescribe aminimum quantity and a time limit and form for thesubmission of tenders to the competent agencies;
(1) OJ L 181, 1. 7. 1992, p. 21. (3) OJ L 147, 30. 6. 1995, p. 7.
(2) OJ L 126, 24. 5. 1996, p. 37. (4) OJ L 287, 21. 10. 1997, p. 14.
EN Official Journal of the European Communities 22. 9. 98 L 258/14
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the ManagementCommittee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. A special intervention measure in the form of an
export refund shall be implemented in respect of 250 000tonnes of oats produced in Finland and Sweden andintended for export from Finland and Sweden to all thirdcountries.
Article 13 of Regulation (EEC) No 1766/92 and the provi-
sions adopted for the application of that Article shallapply, mutatis mutandis, to the said refund.
2. The Finnish and Swedish intervention agencies shall
be responsible for implementing the measure referred toin paragraph 1.
Article 2
1. Tenders shall be invited in order to determine the
amount of the refund referred to in Article 1.
2. The invitation to tender shall relate to the quantity
of oats referred to in Article 1(1) for export to all thirdcountries.
3. The invitation shall remain open until 24 June 1999.
During its period of validity weekly awards shall be made,for which the time limits for the submission of tendersshall be specified in the notice of invitation to tender.
Notwithstanding Article 4(4) of Regulation (EC) No 1501/
95, the time limit for the submission of tenders for thefirst partial invitation to tender shall be 24 September1998.
4. Tenders must be submitted to the Finnish and
Swedish intervention agencies named in the notice ofinvitation.
5. The tendering procedure shall take place in accord-
ance with this Regulation and Regulation (EC) No 1501/95.
Article 3
A tender shall be valid only if:
(a) it relates to not less than 1 000 tonnes;(b) it is accompanied by a written undertaking from the
tenderer specifying that it relates solely to oats grownin Finland and Sweden which are to be exported fromthose countries.
Where the undertaking referred to in paragraph (b) is not
fulfilled, the security provided for in Article 10 ofCommission Regulation (EC) No 1162/95 (
1) shall be
forfeited, except in cases of force majeure .
Article 4
Under the tendering procedure referred to in Article 2,
one of the following entries shall be made in box 20 ofapplications and export licences:
¾‘Asetus (EY) N:o 2007/98 ¾Todistus on voimassa
ainoastaan Suomessa ja Ruotsissa',
¾‘Förordning (EG) nr 2007/98 ¾Licensen giltig endast
i Finland och Sverige'.
Article 5
The refund shall be valid only for exports from Finland
and Sweden.
Article 6
The security referred to in Article 5 of Regulation (EC)
No 1501/95 shall be ECU 12 per tonne.
Article 7
1. Notwithstanding Article 21(1) of Commission Regu-
lation (EEC) No 3719/88 (
2), export licences issued in
accordance with Article 8(1) of Regulation (EC) No 1501/95 shall, for the purpose of determining their period ofvalidity, be deemed to have been issued on the day onwhich the tender was submitted.
2. Export licences issued under this tendering proce-
dure shall be valid from their date of issue, as defined inparagraph 1, until the end of the fourth month followingthat of issue.
3. Notwithstanding Article 11 of Regulation (EEC) No
3719/88, export licences issued under this tenderingprocedure shall be valid in Finland and Sweden only.
Article 8
1. On the basis of tenders notified, the Commission
shall decide, in accordance with the procedure laid downin Article 23 of Regulation (EEC) No 1766/92, either:
¾to fix a maximum export refund, taking into account
in particular the criteria laid down in Article 1 ofRegulation (EC) No 1501/95, or
¾to make no award.
2. Where a maximum export refund is fixed, a contract
shall be awarded to any tenderer whose tender specifies arate of refund not exceeding such maximum exportrefund.
(1) OJ L 117, 24. 5. 1995, p. 2.
(2) OJ L 331, 2. 12. 1988, p. 1.
EN Official Journal of the European Communities 22. 9. 98 L 258/15
Article 9
Tenders submitted must reach the Commission via the
Finnish and Swedish intervention agencies not later thanone and a half hours following expiry of the deadline forthe weekly submission of tenders as specified in thenotice of invitation to tender. They must be commun-icated in the form shown in Annex I to the telex or faxnumbers given in Annex II.If no tenders are received, the Finnish and Swedish inter-
vention agencies shall inform the Commission thereofwithin the period specified in the first paragraph.
The times fixed for the submission of tenders shall corres-
pond to Belgian time.
Article 10
This Regulation shall enter into force on the day
following its publication in the Official Journal of the
European Communities .
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 21 September 1998.
For the Commission
Franz FISCHLER
Member of the Commission
EN Official Journal of the European Communities 22. 9. 98 L 258/16
ANNEX I
Weekly tender for the refund for the export of oats from Finland and Sweden to all third countries
(Regulation (EC) No 2007/98)
(Closing date for the submission of tenders (date/time))
1 2 3
Number
of tendererQuantity
in tonnesAmount of export refund
(in ecus 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:
¾fax 295 25 15,
296 49 56,
¾telex 22037 AGREC B,
22070 AGREC B (Greek characters).