Commission Regulation (EC) No 1814/2003 of 15 October 2003 on a special intervention measure for cereals in Finland and Sweden for the 2003/04 marketing year
Date: 2003-10-16
Institutions: European Commission
Subjects: Finland, Sweden, award of contract, export refund, market intervention, oats

16.10.2003

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Official Journal of the European Union

L 265/25

COMMISSION REGULATION (EC) No 1814/2003

of 15 October 2003

on a special intervention measure for cereals in Finland and Sweden for the 2003/04 marketing
year

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 Regulation (EC) No 1104/
2003 (2), and in particular Article 6 thereof,

Whereas:

(1)

(2)

(3)

(4)

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-
especially
fying for
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.

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 those
countries 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

export
to third countries. Exports from intervention
storage are more costly to the Community budget than
direct exports.

These additional costs can be avoided under a special
intervention measure within the meaning of Article 6 of
Regulation (EEC) No 1766/92. 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, applicable
only to oats produced and exported from those two
countries, would be the most appropriate measure in the
circumstances.

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 (3), as last amended by Regulation (EC) No 1431/
2003 (4).

Regulation (EC) No 1501/95 requires tenderers, among
their other undertakings, to apply for an export licence
and lodge a security. The amount of that security should
be laid down.

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.

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.

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

it

(5)

(6)

(7)

(8)

(9)

(10)

(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 158, 27.6.2003, p. 1.

(3) OJ L 147, 30.6.1995, p. 7.
(4) OJ L 203, 12.8.2003, p. 16.

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Official Journal of the European Union

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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 Bulgaria,
the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Romania, Slovenia and Slovakia.

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(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,
except Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Romania, Slovenia and
Slovakia.

3.
The invitation shall remain open until 24 June 2004.
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 invita-
tion to tender shall be 23 October 2003.

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

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 1814/2003 — Todistus on voimassa

ainoastaan Suomessa ja Ruotsissa;

— Förordning (EG) nr 1814/2003 — Licensen 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 EUR 12 per tonne.

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

licences issued under the tendering procedure
2.
referred to in Article 2 shall be valid from their date of issue, as
defined in paragraph 1 of this Article, 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 the tendering procedure
referred to in Article 2 of this Regulation shall be valid in
Finland and Sweden only.

Article 8

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 accordance with the model
shown in the Annex.

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

The times fixed for the submission of tenders shall be Belgian
time.

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

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

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Official Journal of the European Union

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Article 9

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 set 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 set, a contract shall
be awarded to any tenderer whose tender specifies a rate of
refund not exceeding such maximum export refund.

Article 10

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

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

Done at Brussels, 15 October 2003.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Union

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Tender for the refund for the export of oats from Finland and Sweden to all third countries, except Bulgaria,
the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia

ANNEX