Commission Regulation (EC) No 1565/2004 of 3 September 2004 on a special intervention measure for cereals in Finland and Sweden for the 2004/05 marketing year
Date: 2004-09-03
Institutions: European Commission
Subjects: Finland, Sweden, award of contract, export licence, export refund, intervention agency, oats

4.9.2004

EN

Official Journal of the European Union

L 285/3

COMMISSION REGULATION (EC) No 1565/2004

of 3 September 2004

on a special intervention measure for cereals in Finland and Sweden for the 2004/05 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1784/2003 of
29 September 2003 on the common organisation of
the
in cereals (1), and in particular Article 7 thereof,
market

Whereas:

(1)

(2)

(3)

(4)

Oats are one of the products covered by the common
organisation of
in cereals. They are not,
however,
included among the basic cereals referred to
in Article 5 of Regulation (EC) No 1784/2003 for
which provision is made for intervention buying-in.

the market

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

intervention arrangements,

Any reduction in the quantity of oats grown in Finland
and Sweden would increase that of other cereals which
do qualify for
especially
barley. Production of barley is in surplus not only in
those two countries but also across the whole of the
Community. 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 (EC) No 1784/2003. The
geographical 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 exports from other Member States. It
is anticipated therefore that the production of oats in
Finland and in Sweden will give way increasingly to
that of barley. Consequently, in coming years, substantial
quantities of barley must be expected to enter inter-
to
vention storage in Finland and Sweden pursuant
Article 5 of Regulation (EC) No 1784/2003, the only
possibility of disposal being export to third countries.
Exports from intervention storage are more costly to
the Community budget than direct exports.

(5)

These additional costs can be avoided under a special
intervention measure within the meaning of Article 7

(1) OJ L 270, 21.10.2003, p. 78.

of Regulation (EC) No 1784/2003. Such an intervention
measure may take 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 (EC) No 1784/2003 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
the Member States for which a special
intervention
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

Taking account of the ‘double profit’ agreements with
it is necessary to exclude these
Bulgaria and Romania,
destinations.
list
from the
countries
Furthermore, as these support measures are calculated
it is important to
in function of distant destinations,
exclude the close destinations most
likely to benefit
from the measure, i.e. Switzerland and Norway.

eligible

of

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

For the sake of satisfactory operation of export tendering
procedures, a minimum quantity should be set and the
time limit for the submission of tenders to the competent
authority and the form in which tenders are to be
forwarded should be specified.

(6)

(7)

(8)

(9)

(10)

(11)

(12)

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

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

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

L 285/4

EN

Official Journal of the European Union

4.9.2004

HAS ADOPTED THIS REGULATION:

Article 1

A special intervention measure in the form of an export
1.
refund shall be implemented for 400 000 tonnes of oats
produced in Finland and Sweden and intended for export
from Finland and Sweden to all
third countries, except
Bulgaria, Norway, Romania and Switzerland.

Article 13 of Regulation (EC) No 1784/2003 and the provisions
adopted for the application of that Article shall apply, mutatis
mutandis, to that refund.

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

2.
responsible for
paragraph 1.

Article 4

Under the tendering procedure laid down in Article 2, one of
the following entries shall be made in box 20 of applications
and export licences:

— Asetus

(EY) N:o 1565/2004 — Todistus on voimassa

ainoastaan Suomessa ja Ruotsissa,

— Förordning (EG) nr 1565/2004 — Licensen giltig endast i

Finland och Sverige.

Article 5

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

Article 6

Article 2

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

Tenders shall be invited in order to determine the amount

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

Article 7

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, Norway, Romania and Switzerland.

3.
The invitation shall remain open until 30 June 2005.
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 16 September 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

Offers shall not be valid unless:

(a)

they relate to not less than 1 000 tonnes;

(b) they are accompanied by a written undertaking from the
tenderer specifying that they relate 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 12 of Commission Regulation
(EC) No 1342/2003 (1) shall be forfeited, except in cases of
force majeure.

1.
Notwithstanding Article 23(1) of Commission Regulation
(EC) 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 according

tendering
2.
procedure laid down 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.

to the

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

Article 8

The Finnish and Swedish intervention agencies shall send the
tenders submitted to the Commission 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 using the form 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.

Article 9

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

(1) OJ L 189, 29.7.2003, p. 12.

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

4.9.2004

EN

Official Journal of the European Union

L 285/5

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

Done at Brussels, 3 September 2004.

For the Commission

Franz FISCHLER
Member of the Commission

ANNEX

FORM (*)

Tender for the refund for the export of oats from Finland and Sweden to all third countries, except Bulgaria,
Norway, Romania and Switzerland

(Regulation (EC) No 1565/2004)

(Closing date for the submission of tenders)

1

2

3

Serial numbers of tenderers

Quantity in tonnes

Amount of export refund
(EUR per tonne)

1

2

3

etc.

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