Commission Regulation (EC) No 1897/1999 of 2 September 1999 on a special intervention measure for cereals in Finland and Sweden
Date: 1999-09-02
Institutions: European Commission
Subjects: Finland, Sweden, cereals, export refund, market intervention, over-production

L 233/10

EN

Official Journal of the European Communities

3. 9. 1999

COMMISSION REGULATION (EC) No 1897/1999

of 2 September 1999

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 the market in
cereals (1), as last amended by Commission Regulation (EC) No
1253/1999 (2), and in particular Article 6 thereof,

(1) Whereas oats are one of the products covered by the
common organisation of the market in cereals; whereas
it is not, however,
included among the basic cereals
referred to in Article 4 of Regulation (EEC) No 1766/92
for which provision is made for intervention buying in;

(2) Whereas oats is a major traditional crop in Finland and
Sweden which is well suited to the weather conditions
obtaining in those countries; whereas production far
exceeds requirements in those countries with the result
that
surpluses by
exporting them to third countries; whereas membership
of
the Community has not altered the previously
existing situation;

they are required to dispose of

(3) Whereas any reduction in the quantity of oats grown in
Finland and Sweden would be beneficial to other cereals
qualifying for the intervention arrangements, especially
barley; whereas production of barley is in surplus both
in the two Nordic countries and across the whole of the
Community; whereas a switch from oats to barley would
only worsen the situation and create further surpluses;
whereas it is necessary therefore to ensure that exports
of oats to third countries can continue;

the geographical

(4) Whereas refunds may be granted in respect of oats
pursuant to Article 13 of Regulation (EEC) No 1766/92;
situation of Finland and
whereas
Sweden places them in a less favourable position from
the point of view of exporting than other Member
States; whereas the fixing of refunds on the basis of
Article 13 favours primarily those other Member States;
whereas it is anticipated therefore that the production of
oats in the two Nordic countries will give way increas-
ingly to that of barley; whereas, consequently, in coming
years, substantial quantities of barley must be expected
to enter intervention storage in Finland and Sweden
pursuant to Article 4 of Regulation (EEC) No 1766/92,
the only possibility of disposal being export to third
countries; whereas exports from intervention storage are

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 160, 26.6.1999, p. 18.

more costly to the Community budget
exports;

than direct

(5) Whereas these additional costs can be avoided under a
special
intervention measure within the meaning of
Article 6 of that Regulation; whereas this intervention
measure may be taken in the form of a measure
intended to relieve the market in oats in Finland and
Sweden; whereas the grant of a refund by a tendering
procedure which would apply only to oats produced and
exported from those two countries would be the most
appropriate measure in the circumstances; whereas this
approach was followed in the 1998/99 marketing year
pursuant
to Commission Regulation (EC) No 2007/
98 (3), as last amended by Regulation (EC) No 567/
1999 (4);

(6) 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
Regulations adopted for its implementation, in particular
Commission Regulation (EC) No 1501/95 of 29 June
1995 laying down certain detailed rules 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
2513/98 (6);

(7) 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
EUR 12 per tonne when they submit their tenders;

(8) Whereas the cereals in question should actually be
exported from the Member States for which a special
intervention measure was implemented; whereas it is
necessary therefore to limit the use of export licences to
exports from the Member State in which application for
the licence was made and to oats produced in Finland
and Sweden;

(9) Whereas,

in order to ensure equal

for all
it is necessary to make provision that the

concerned,
licences issued have an identical period of validity;

treatment

(10) Whereas, in order to ensure the smooth operation of the
export tendering procedure, it is necessary to prescribe a
minimum quantity and a time limit and form for the
submission of tenders to the competent agencies;

(11) Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Management
Committee for Cereals,

(3) OJ L 258, 22.9.1998, p. 13.
(4) OJ L 70, 17.3.1999, p. 10.
(5) OJ L 147, 30.6.1995, p. 7.
(6) OJ L 313, 21.11.1998, p. 16.

3. 9. 1999

EN

Official Journal of the European Communities

L 233/11

HAS ADOPTED THIS REGULATION:

Article 5

Article 1

The refund shall be valid only for exports from Finland and
Sweden.

A special intervention measure in the form of an export
1.
refund shall be implemented in respect of 300 000 tonnes of
oats produced in Finland and Sweden and intended for export
from Finland and Sweden to all third countries.

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

2.
The Finnish and Swedish intervention agencies shall be
responsible for implementing the measure referred to in para-
graph 1.

Article 2

Tenders shall be invited in order to determine the amount

1.
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 third countries.

3.
The invitation shall remain open until 29 June 2000.
During its period of validity weekly awards shall be made, for
which the time limits for the submission of tenders shall 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 the first partial
invitation to tender shall be 9 September 1999.

Tenders must be submitted to the Finnish and Swedish

4.
intervention agencies named in the notice of invitation.

The tendering procedure shall take place in accordance

5.
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 grown in
Finland and Sweden which are to be exported from those
countries.

Where the undertaking referred to in paragraph (b)
is not
fulfilled, the security provided for in Article 10 of Commission
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 of applications
and export licences:
— ‘Asetus (EY) N:o 1897/1999 — Todistus on voimassa

ainoastaan Suomessa ja Ruotsissa’,

— ‘Förordning (EG) nr 1897/1999 — Licensen giltig endast i

Finland och Sverige’.

Article 6

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

Article 7

1.
Notwithstanding Article 21(1) of Commission 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.

2.
Export licences issued under this tendering procedure
shall be valid from their date of issue, as defined in paragraph
1, until the end of the fourth month following that of issue.

3.
Notwithstanding Article 11 of Regulation (EEC) No
3719/88, export licences issued under this tendering procedure
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 down in Article
23 of Regulation (EEC) No 1766/92, either:
— to fix a maximum export refund, taking into account in
particular 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 specifies a rate of
refund not exceeding such maximum export refund.

Article 9

Tenders submitted must reach the Commission via the Finnish
and Swedish intervention agencies not later than one and a half
hours following expiry of the deadline for the weekly submis-
sion of tenders as specified in the notice of invitation to tender.
They must be communicated in the form shown in Annex I to
the telex or fax numbers given in Annex II.

If no tenders are received, the Finnish and Swedish intervention
agencies shall
inform the Commission thereof within the
period specified in the first paragraph.

The times fixed for the submission of tenders shall correspond
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.

(1) OJ L 117, 24.5.1995, p. 2.

(2) OJ L 331, 2.12.1988, p. 1.

L 233/12

EN

Official Journal of the European Communities

3. 9. 1999

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

Done at Brussels, 2 September 1999.

For the Commission

Neil KINNOCK

Member of the Commission

3. 9. 1999

EN

Official Journal of the European Communities

L 233/13

Weekly tender for the refund for the export of oats from Finland and Sweden to all third countries

ANNEX I

(Regulation (EC) No 1897/1999)

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

2

Quantity
in tonnes

3

Amount of export refund
(in EUR per tonne)

1

Number
of tenderer

1

2

3

etc.

The only numbers to use to call Brussels (DG VI-C-1, (Attention: Messrs Thibault and Brus)) are:

ANNEX II

— fax:

— telex:

295 25 15,
296 49 56.

22037 AGREC B,
22070 AGREC B (Greek characters).