CELEX: 31998R2007
Language: en
Date: 1998-09-21 00:00:00
Title: Commission Regulation (EC) No 2007/98 of 21 September 1998 on a special intervention measure for cereals in Finland and Sweden

22. 9. 98            EN                Official Journal of the European Communities                                  L 258/13
                                  COMMISSION REGULATION (EC) No 2007/98
                                                  of 21 September 1998
                      on a special intervention measure for cereals in Finland and Sweden
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       ibility of disposal being export to third countries; whereas
                                                                  exports from intervention storage are more costly to the
                                                                  Community budget than direct exports;
Having regard to the Treaty establishing the European
Community,
                                                                  Whereas a special intervention measure within the
                                                                  meaning of Article 6 of that Regulation could prevent
Having regard to Council Regulation (EEC) No 1766/92              these additional costs; whereas this intervention measure
of 30 June 1992 on the common organisation of the                 should be taken in the form of a measure intended to
market in cereals (1), as last amended by Commission              relieve the market in oats in Finland and Sweden; whereas
Regulation (EC) No 923/96 (2), and in particular Article 6        the grant of a refund by a tendering procedure which
thereof,                                                          would apply only to oats produced and exported from
                                                                  those two countries would be the most appropriate
                                                                  measure in the circumstances;
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        Whereas the nature and objectives of the said measure
to in Article 4 of Regulation (EEC) No 1766/92 for which          make it appropriate to apply to it, mutatis mutandis,
provision is made for intervention buying-in;                     Article 13 of Regulation (EEC) No 1766/92 and the Regu-
                                                                  lations adopted for its implementation, in particular
                                                                  Commission Regulation (EC) No 1501/95 of 29 June
Whereas oats is a major traditional crop in Finland and           1995 laying down certain detailed rules for the applica-
Sweden which is well suited to the weather conditions             tion of Council Regulation (EEC) No 1766/92 on the
obtaining in those countries; whereas production far              granting of export refunds on cereals and the measures to
exceeds requirements in those countries with the result           be taken in the event of disturbance on the market for
that they are required to dispose of surpluses by exporting       cereals (3), as last amended by Regulation (EC) No 2052/
them to third countries; whereas membership of the                97 (4);
Community has not altered the previously existing situa-
tion;
                                                                  Whereas Regulation (EC) No 1501/95 requires tenderers
                                                                  to apply for an export licence among their other under-
Whereas any reduction in the quantity of oats grown in
                                                                  takings; whereas compliance with this obligation may be
Finland and Sweden would be beneficial to other cereals
                                                                  ensured by requiring tenderers to lodge a security of ECU
qualifying for the intervention arrangements, especially
                                                                  12 per tonne when they submit their tenders;
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 the cereals in question should actually be
whereas it is necessary therefore to ensure that exports of       exported from the Member States for which a special
oats to third countries can continue;                             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
Whereas refunds may be granted in respect of oats                 the licence was made and to oats produced in Finland
pursuant to Article 13 of Regulation (EEC) No 1766/92;            and Sweden;
whereas the geographical situation of Finland and Sweden
places them in a less favourable position from the point
of view of exporting than other Member States; whereas            Whereas, in order to ensure equal treatment for all
the fixing of refunds on the basis of Article 13 favours          concerned, it is necessary to make provision that the
primarily those other Member States; whereas it is anticip-       licences issued have an identical period of validity;
ated therefore that the production of oats in the two
Nordic countries will give way increasingly to that of
barley; whereas, consequently, in coming years, substan-          Whereas, in order to ensure the smooth operation of the
tial quantities of barley must be expected to enter inter-        export tendering procedure, it is necessary to prescribe a
vention storage in Finland and Sweden pursuant to                 minimum quantity and a time limit and form for the
Article 4 of Regulation (EEC) No 1766/92, the only poss-          submission of tenders to the competent agencies;
(1) OJ L 181, 1. 7. 1992, p. 21.                                  (3) OJ L 147, 30. 6. 1995, p. 7.
(2) OJ L 126, 24. 5. 1996, p. 37.                                 (4) OJ L 287, 21. 10. 1997, p. 14.
 ---pagebreak--- L 258/14              EN                 Official Journal of the European Communities                                  22. 9. 98
Whereas the measures provided for in this Regulation are            Commission Regulation (EC) No 1162/95 (1) shall be
in accordance with the opinion of the Management                    forfeited, except in cases of force majeure.
Committee for Cereals,
                                                                                               Article 4
HAS ADOPTED THIS REGULATION:                                        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:
                          Article 1
                                                                     ‘Asetus (EY) N:o 2007/98  Todistus on voimassa
1. A special intervention measure in the form of an                      ainoastaan Suomessa ja Ruotsissa',
export refund shall be implemented in respect of 250 000             ‘Förordning (EG) nr 2007/98  Licensen giltig endast
tonnes of oats produced in Finland and Sweden and                        i Finland och Sverige'.
intended for export from Finland and Sweden to all third
countries.
                                                                                               Article 5
Article 13 of Regulation (EEC) No 1766/92 and the provi-
sions adopted for the application of that Article shall
                                                                    The refund shall be valid only for exports from Finland
apply, mutatis mutandis, to the said refund.
                                                                    and Sweden.
2. The Finnish and Swedish intervention agencies shall
be responsible for implementing the measure referred to
in paragraph 1.                                                                                Article 6
                                                                    The security referred to in Article 5 of Regulation (EC)
                          Article 2                                 No 1501/95 shall be ECU 12 per tonne.
1. Tenders shall be invited in order to determine the
amount of the refund referred to in Article 1.                                                 Article 7
2. The invitation to tender shall relate to the quantity            1. Notwithstanding Article 21(1) of Commission Regu-
of oats referred to in Article 1(1) for export to all third         lation (EEC) No 3719/88 (2), export licences issued in
countries.                                                          accordance with Article 8(1) of Regulation (EC) No 1501/
                                                                    95 shall, for the purpose of determining their period of
3. The invitation shall remain open until 24 June 1999.             validity, be deemed to have been issued on the day on
During its period of validity weekly awards shall be made,          which the tender was submitted.
for which the time limits for the submission of tenders
shall be specified in the notice of invitation to tender.           2. Export licences issued under this tendering proce-
                                                                    dure shall be valid from their date of issue, as defined in
Notwithstanding Article 4(4) of Regulation (EC) No 1501/            paragraph 1, until the end of the fourth month following
95, the time limit for the submission of tenders for the            that of issue.
first partial invitation to tender shall be 24 September
1998.                                                               3. Notwithstanding Article 11 of Regulation (EEC) No
                                                                    3719/88, export licences issued under this tendering
4. Tenders must be submitted to the Finnish and                     procedure shall be valid in Finland and Sweden only.
Swedish intervention agencies named in the notice of
invitation.
                                                                                               Article 8
5. The tendering procedure shall take place in accord-
ance with this Regulation and Regulation (EC) No 1501/              1. On the basis of tenders notified, the Commission
95.                                                                 shall decide, in accordance with the procedure laid down
                                                                    in Article 23 of Regulation (EEC) No 1766/92, either:
                          Article 3                                  to fix a maximum export refund, taking into account
                                                                         in particular the criteria laid down in Article 1 of
A tender shall be valid only if:                                         Regulation (EC) No 1501/95, or
(a) it relates to not less than 1 000 tonnes;                        to make no award.
(b) it is accompanied by a written undertaking from the             2. Where a maximum export refund is fixed, a contract
     tenderer specifying that it relates solely to oats grown       shall be awarded to any tenderer whose tender specifies a
     in Finland and Sweden which are to be exported from            rate of refund not exceeding such maximum export
     those countries.                                               refund.
Where the undertaking referred to in paragraph (b) is not           (1) OJ L 117, 24. 5. 1995, p. 2.
fulfilled, the security provided for in Article 10 of               (2) OJ L 331, 2. 12. 1988, p. 1.
 ---pagebreak--- 22. 9. 98           EN               Official Journal of the European Communities                                L 258/15
                        Article 9                               If no tenders are received, the Finnish and Swedish inter-
                                                                vention agencies shall inform the Commission thereof
                                                                within the period specified in the first paragraph.
                                                                The times fixed for the submission of tenders shall corres-
Tenders submitted must reach the Commission via the             pond to Belgian time.
Finnish and Swedish intervention agencies not later than
one and a half hours following expiry of the deadline for                               Article 10
the weekly submission of tenders as specified in the
notice of invitation to tender. They must be commun-            This Regulation shall enter into force on the day
icated in the form shown in Annex I to the telex or fax         following its publication in the Official Journal of the
numbers given in Annex II.                                      European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 21 September 1998.
                                                                          For the Commission
                                                                             Franz FISCHLER
                                                                       Member of the Commission
 ---pagebreak--- L 258/16       EN                  Official Journal of the European Communities                             22. 9. 98
                                                        ANNEX I
         Weekly tender for the refund for the export of oats from Finland and Sweden to all third countries
                                              (Regulation (EC) No 2007/98)
                                (Closing date for the submission of tenders (date/time))
                     1                          2                                      3
                 Number                    Quantity                        Amount of export refund
                of tenderer                in tonnes                          (in ecus per tonne)
                     1
                     2
                     3
                    etc.
                                                       ANNEX II
           The only numbers to use to call Brussels (DG VI-C-1, (Attention: Messrs Thibault and Brus)) are:
            fax                      295 25 15,
                                      296 49 56,
            telex                    22037 AGREC B,
                                      22070 AGREC B (Greek characters).