Commission Regulation (EC) No 1582/2002 of 5 September 2002 on a special intervention measure for cereals in Finland and Sweden
Date: 2002-09-05
Institutions: European Commission
Subjects: Finland, Sweden, award of contract, export refund, market intervention, oats

6.9.2002

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 1582/2002

of 5 September 2002

on a special intervention measure for cereals in Finland and Sweden

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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 Regulation (EC) No 1666/
2000 (2), and in particular Article 6 thereof,

Whereas:

Oats are one of the products covered by the common
organisation of the market in cereals. 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.

Oats is a major traditional crop in Finland and Sweden
and is well suited to the weather conditions obtaining in
those countries. Production far exceeds requirements in
those countries with the result that they are required to
dispose of surpluses by exporting them to third coun-
tries. Membership of the Community has not altered the
previously existing situation.

the

intervention arrangements,

Any reduction in the quantity of oats grown in Finland
and Sweden would be beneficial to other cereals quali-
fying for
especially
barley. Production of barley is in surplus both in the two
Nordic countries and across the whole of the Commu-
nity. A switch from oats to barley would only worsen
the situation and create further surpluses. It is necessary
therefore to ensure that exports of oats to third countries
can continue.

(1)

(2)

(3)

(4)

These additional costs can be avoided under a special
intervention measure within the meaning of Article 6 of
that Regulation. This intervention measure may be taken
in the form of a measure intended to relieve the market
in oats in Finland and Sweden. 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.
This
followed in the 2001/2002
marketing year pursuant to Commission Regulation (EC)
No 1789/2001 (3).

approach was

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 Commis-
sion Regulation (EC) No 1501/95 of 29 June 1995
laying down certain detailed rules for the application 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 (4),
as last amended by Regulation (EC) No 1163/2002 (5).

Regulation (EC) No 1501/95 requires tenderers to apply
for an export licence among their other undertakings.
Compliance with this obligation may be ensured by
requiring tenderers to lodge a security of EUR 12 per
tonne when they submit their tenders.

The cereals in question should actually be exported from
the Member States for which a special
intervention
measure was implemented. 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.

(6)

(7)

(8)

Refunds may be granted in respect of oats pursuant to
Article 13 of Regulation (EEC) No 1766/92. The geogra-
phical situation of Finland and Sweden places them in a
less favourable position from the point of view of
exporting than other Member States. The fixing of
refunds on the basis of Article 13 favours primarily
those other Member States. It is anticipated therefore
that the production of oats in the two Nordic countries
will give way increasingly to that of barley. Conse-
quently, 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
to third countries. Exports from intervention
export
storage are more costly to the Community budget than
direct exports.

(9)

In order to ensure equal treatment for all concerned, it is
necessary to make provision that the licences issued have
an identical period of validity.

(10)

In order to ensure the smooth operation of the export
tendering procedure,
is necessary to prescribe a
minimum quantity and a time limit and form for the
submission of tenders to the competent agencies.

it

(11)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Cereals,

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.

(3) OJ L 243, 13.9.2001, p. 15.
(4) OJ L 147, 30.6.1995, p. 7.
(5) OJ L 170, 29.6.2002, p. 46.

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Official Journal of the European Communities

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HAS ADOPTED THIS REGULATION:

Article 4

Article 1

1.
A special intervention measure in the form of an export
refund shall be implemented in respect of 400 000 tonnes of
oats produced in Finland and Sweden and intended for export
from Finland and Sweden to all third countries, except Estonia,
Lithuania, Latvia and Hungary.

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.

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 1582/2002 — Todistus on voimassa

ainoastaan Suomessa ja Ruotsissa’

— ‘Förordning (EG) nr 1582/2002 — Licensen giltig endast i

Finland och Sverige’

Article 5

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

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

Article 2

Article 6

Tenders shall be invited in order to determine the amount

1.
of the refund referred to in Article 1.

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

The invitation to tender shall relate to the quantity of oats
2.
referred to in Article 1(1) for export to all third countries,
except Estonia, Lithuania, Latvia and Hungary.

3.
The invitation shall remain open until 26 June 2003.
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 19 September 2002.

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 7

1.
Notwithstanding Article 23(1) of Commission Regulation
(EEC) No 1291/2000 (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

2.
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 (EC) No 1291/
2000, export licences issued under this tendering procedure
shall be valid in Finland and Sweden only.

Article 3

Article 8

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.

On the basis of tenders notified, the Commission shall
1.
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.

Where the undertaking referred to in subparagraph (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.

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.

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

(2) OJ L 152, 24.6.2000, p. 1.

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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 submission 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.

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

Article 10

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

Done at Brussels, 5 September 2002.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX I

Tender for the refund for the export of oats from Finland and Sweden to all third countries, except Estonia,
Lithuania, Latvia and Hungary

(Regulation (EC) No 1582/2002)

ANNEX II

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

— fax:

(32-2) 296 49 56
(32-2) 295 25 15.