Commission Regulation (EC) No 1005/2004 of 19 May 2004 on a special intervention measure for oats in Finland and Sweden
Date: 2004-05-19
Institutions: European Commission
Subjects: Finland, Sweden, award of contract, export licence, export refund, market intervention, oats

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Official Journal of the European Union

20.5.2004

COMMISSION REGULATION (EC) No 1005/2004

of 19 May 2004

on a special intervention measure for oats in Finland and Sweden

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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.

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of
in
cereals (1), and in particular Article 6 thereof,

the market

(5)

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
surpluses by exporting them to third
dispose of
the Community has not
countries. Membership of
altered the previously existing situation.

to other

Any reduction in the quantity of oats grown in Finland
and Sweden would be beneficial
cereals
qualifying for the intervention arrangements, especially
barley. Production of barley is in surplus both in those
countries and across the whole of the Community. A
switch from oats to barley would only worsen the
is necessary
situation and create further surpluses.
therefore
to third
countries can continue.

that exports of oats

to ensure

It

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
the production of oats in Finland and
therefore that
Sweden will give way increasingly to that of barley.
Consequently, in coming years, substantial quantities of

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
refund by
Sweden. The grant of
tendering
a
a
procedure,
to oats produced and
applicable only
exported from those two countries, would be the most
appropriate measure in the circumstances.

(6)

(7)

(8)

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
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 (2).

for

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
intervention
the Member States for which a special
measure was implemented. It is necessary therefore to
limit
licences to exports from the
Member State in which application for the licence was
made and to oats produced in Finland and Sweden.

the use of export

(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.

(1) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regu-

(2) OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regu-

lation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

lation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

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(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

(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.

(11)

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

HAS ADOPTED THIS REGULATION:

Where the undertaking referred to in (b) is not fulfilled, the
security referred to in Article 12 of Commission Regulation
(EC) No 1342/2003 (1) shall be forfeited, except in cases of
force majeure.

Article 1

Article 4

1.
A special intervention measure in the form of an export
refund shall be implemented in respect of 100 000 tonnes of
oats produced in Finland and Sweden and intended for export
from Finland and Sweden to all third countries, except Bulgaria
and Romania.

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.

The Finnish and Swedish intervention agencies shall be
implementing the measure referred to in

2.
responsible for
paragraph 1.

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 …/2004 – Todistus on voimassa ainoastaan

Suomessa ja Ruotsissa;

— Förordning (EG) nr …/2004 – Licensen giltig endast

i

Finland och Sverige.

Article 5

Article 2

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

Tenders shall be invited in order to determine the amount

1.
of the refund referred to in Article 1(1).

Article 6

The invitation to tender shall relate to the quantity of oats
for export to all third countries,

2.
referred to in Article 1(1)
except Bulgaria and Romania.

The security referred to in Article 5(3)(a) of Regulation (EC) No
1501/95 shall be EUR (12) per tonne.

The invitation shall remain open until 15 July 2004.
3.
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 invi-
tation to tender shall be 27 May 2004.

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:

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

2.
the tendering procedure
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.

Notwithstanding Article 11 of Regulation (EC) No 1291/
3.
licences issued under the tendering procedure
2000, export
referred to in Article 2 of this Regulation shall be valid in
Finland and Sweden only.

(a)

it relates to not less than 1 000 tonnes;

(1) OJ L 189, 29.7.2003, p. 12.
(2) OJ L 152, 24.6.2000, p. 1.

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Article 8

following expiry of

Tenders submitted must reach the Commission via the Finnish
and Swedish intervention agencies not later than one and a half
hours
the weekly
submission of tenders as specified in the notice of invitation
to tender. They must be communicated in accordance with the
model shown in the Annex.

the deadline

for

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

Article 9

Regulation (EC) No 1814/2003 is hereby repealed.

Article 10

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

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, 19 May 2004.

For the Commission

Franz FISCHLER
Member of the Commission

ANNEX

Tender for the refund for the export of oats from Finland and Sweden

(Regulation (EC) No 1005/2004 (*))

(Closing date for the submission of tenders)

1

2

3

Number of tender

Quantity in tonnes

Amount of export refund (in EUR per
tonne)

1

2

3

etc.

(*) To be sent to the following e-mail address: agri-c1-revente-marche-ue@cec.eu.int