Commission Regulation (EC) No 1564/98 of 20 July 1998 on a special intervention measure for barley in Spain
Date: 1998-07-20
Institutions: European Commission
Subjects: Spain, award of contract, barley, export refund, intervention agency

L 203/6

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Official Journal of the European Communities

21. 7. 98

COMMISSION REGULATION (EC) No 1564/98

of 20 July 1998

on a special intervention measure for barley in Spain

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 the
market in cereals (1), as amended by Commission Regula-
tion (EEC) No 923/96 (2), and in particular Article 6
thereof,

Whereas production of barley in Spain exceeds that
country’s requirements;

Whereas the possibility of that surplus being absorbed by
the Community market is slight;

Whereas the Spanish market can be relieved by the
export of part of this surplus quantity of barley to non-
in view of world market
member countries; whereas,
prices for barley, export is possible only with the aid of a
refund;

Whereas, however, the refund arrangements laid down in
Article 13 of Regulation (EEC) No 1766/92 apply to
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
barley from Member States where the market situation is
different from that in Spain;

Whereas, in the absence of adequate measures, massive
quantities of barley may be expected to enter intervention
storage in Spain during the marketing year in accordance
with Article 4 of Regulation (EEC) No 1766/92, the only
possibility of disposal being in any case export to non-
member countries; whereas, to avoid the abovementioned
intervention, a special intervention measure intended to
relieve the Spanish market should be taken pursuant to
Article 6 of the said Regulation; whereas, furthermore,
such a measure should take the form of a direct export
incentive, which would avoid the high cost
to the
Community budget of buying in and storing products
which would in any case then have to be 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 be an
appropriate measure for this purpose;

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

(1) OJ L 181, 1. 7. 1992, p. 21.
(2) OJ L 126, 24. 5. 1996, p. 37.

Regulation (EEC) No 689/92 (3), as last amended by Regu-
lation (EC) No 1424/98 (4); whereas the competent agency
must make certain barley exported is of this standard;

Whereas the nature and objectives of the said measures
make it appropriate to apply in respect of it, mutatis
mutandis, Article 13 of Regulation (EEC) No 1766/92
and the regulations adopted for the application thereof, in
particular Commission Regulation (EC) No 1501/95 of 29
June 1995 laying down certain detailed for the applica-
tion of Council Regulation (EEC) No 1766/92 on the
granting of export refunds on cereals and the measures to
be taken in the event of disturbance on the market for
cereals (5), as
last amended by Regulation (EC) No
2052/97 (6);

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 be
ensured by requiring tenderers to lodge a security of ECU
12 per tonne when they submit their tenders;

the cereals

Whereas
in question should be actually
exported from the Member State for which a particular
intervention measure was implemented; whereas it
is,
therefore, necessary to restrict the use of export licences
to exports from the Member State in which the licence
was applied for;

in order

Whereas,
concerned,
licences issued to have an identical period of validity;

treatment of all
is necessary to make provision for the

to ensure equal

it

Whereas, in order to ensure the smooth operation of the
export tendering procedure, it is appropriate to prescribe a
minimum quantity to be tendered for and a time limit
and form for the communication of tenders submitted to
the competent authorities;

Whereas the Management Committee for Cereals has not
delivered an opinion within the time limit set by its
chairman,

HAS ADOPTED THIS REGULATION:

Article 1

1.
A special intervention measure in the form of an
export refund shall be applied in respect of 250 000
tonnes of barley produced in Spain.

(3) OJ L 74, 20. 3. 1992, p. 18.
(4) OJ L 190, 4. 7. 1998, p. 14.
(5) OJ L 147, 30. 6. 1995, p. 7.
(6) OJ L 287, 21. 10. 1997, p. 14.

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Article 13 of Regulation (EEC) No 1766/92 and the provi-
sions adopted for the application of that Article shall
apply mutatis mutandis to the said refund.

The Spanish intervention agency shall be respon-
2.
sible for implementing the measure referred to in para-
graph 1.

Article 2

Tenders shall be invited in order to determine the

1.
amount of the refund referred to in Article 1.

The invitation to tender shall relate to the quantity
2.
of barley referred to in Article 1(1) for export to all third
countries.

3.
The invitation shall remain open until 27 May 1999.
During the period of its validity weekly awards shall be
made, for which the time limits for the submission of
tenders shall be as prescribed 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
the first partial invitation to tender shall be 23 July 1998.

Tenders must be submitted to the Spanish interven-

4.
tion agency named in the notice of invitation.

The

tendering procedure

5.
in
accordance with this Regulation and Regulation (EC) No
1501/95.

take place

shall

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
it relates solely to barley

tenderer specifying that
grown in Spain, which is to be exported from Spain.

Where the undertaking referred to in paragraph (b) is not
fulfilled,
in Article 10 of
Commission Regulation (EC) No 1162/95 (1) shall be
forfeited, except in cases of force majeure.

the security provided for

Article 4

Under the tendering procedure referred to in Article 2,
box 20 of applications and the export licences shall indi-
cate the following:

‘Reglamento (CE) no 1564/98 certificado v ´alido exclu-
sivamente en Espa ˜na.’

Article 5

Article 6

By way of derogation from Article 21(1) of Commis-
1.
sion Regulation (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 of validity, be deemed to have been issued on the
day on which the tender was submitted.

Export licences issued in connection with the invita-
2.
tion to tender pursuant to this Regulation shall be valid
from their date of issue, as defined in paragraph 1, until
the end of the fourth month following that of the issue.

3. Notwithstanding Article 11 of Regulation (EEC) No
3719/88, export licences under this tendering procedure
shall be valid in Spain only.

Article 7

1.
The Commission shall decide, under the procedure
laid down in Article 23 of Regulation (EEC) No 1766/92,
either:

— to fix a maximum export refund, taking account in
particular of the criteria laid down in Article 1 of
Regulation (EC) No 1501/95, or

— to make no award.

2. Where a maximum export refund is fixed, a contract
shall be awarded to any tenderer whose tender indicates a
rate of refund equal to or less than such maximum export
refund.

A refund awarded shall not be paid unless the barley
3.
exported is of at least intervention quality in Spain as
defined in Article 2(2) of Regulation (EEC) No 689/92.

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
from each consignment taken and sealed in the presence
of the tenderer or his representative.

Sampling and analysis costs shall be met by the tenderer.

4. Where the quality does not correspond to that
defined in paragraph 3, the refund shall be reduced by
ECU 15 per tonne.

Article 8

Tenders submitted must reach the Commission through
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
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.

If no tenders are received,
the Spanish intervention
agency shall inform the Commission of this within the
period indicated in the first paragraph.

The security referred to in Article 5 of Regulation (EC)
No 1501/95 shall be ECU 12 per tonne.

The times fixed for
correspond to Belgian time.

the submission of

tenders shall

(1) OJ L 117, 24. 5. 1995, p. 2.

(2) OJ L 331, 2. 12. 1988, p. 1.

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This Regulation shall enter into force on the day of its publication in the Official Journal
of the European Communities.

Article 9

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 20 July 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

Weekly tender for the refund for the export of Spanish barley to all third countries

(Regulation (EC) No 1564/98)

(Closing date for the submission of tenders (date/time))

1

2

3

Number
of tender

Quantity
in tonnes

Amount of export refund
in ecu per tonne

1

2

3

etc.

ANNEX II

The only numbers to use to call Brussels (DG VI-C-1) are:

— telex:

22037 AGREC B
22070 AGREC B (Greek characters)

— telefax:

— 296 49 56/236 25 15.