CELEX: 31993R2147
Language: en
Date: 1993-07-31 00:00:00
Title: Commission Regulation (EEC) No 2147/93 of 30 July 1993 on a special intervention measure for barley in Spain

31 . 7. 93                              Official Journal of the European Communities                             No L 191 / 109
                                       COMMISSION REGULATION (EEC) No 2147/93
                                                           of 30 July 1993
                                  on a special intervention measure for barley in Spain
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas the nature and objectives of the said measures
                                                                       make it appropriate to apply in respect of it mutatis
  Having regard to the Treaty establishing the European                mutandis Article 13 of Regulation (EEC) No 1766/92 and
  Economic Community,                                                 the Regulations adopted for the application thereof, in
                                                                       particular Commission Regulation (EEC) No 1533/93 of
  Having regard to Council Regulation (EEC) No 1766/92                 22 June 1993 laying down certain detailed rules under
  of 30 June 1992 on the common organization of the                    Council Regulation (EEC) No 1766/92 on the granting of
  market in cereals ('), and in particular Article 6 (2) thereof,     export refunds on cereals and the measures to be taken in
                                                                      the event of disturbance on the market for cereals (4) ;
  Whereas production of barley in Spain exceeds that coun­
  try's requirements ;                                                Whereas, since the interested parties are already aware of
                                                                      the terms of the invitation, a derogation may be made
 Whereas the possibility of that surplus being absorbed by            from the provisions of Regulation (EEC) No 1533/93 on
 the Community market is slight ;                                     the period that must elapse between the date of publica­
                                                                      tion and the first closing date for the submission of
 Whereas the Spanish market can be relieved by the                    tenders ;
 export of part of this surplus quantity of barley to non­
  member countries ; whereas, in view of world market                 Whereas, pursuant to the abovementioned Regulation
  prices for barley, export is possible only with the aid of a        (EEC) No 1533/93, the commitments on the part of the
 refund ;                                                             tenderer include the obligation to lodge an application for
                                                                      an export licence ; whereas compliance with this obliga­
 Whereas, however, the refund arrangements laid down in               tion may be ensured by requiring tenderers to lodge a
 Article 13 of Regulation (EEC) No 1766/92 apply to                   tendering security of ECU 12 per tonne when they
 export from any Member State ; whereas such arrange­                 submit their tenders ;
 ments, therefore, are not only unsuitable for solving the
 problem in question but may also favour the export of                Whereas the cereals in question should be actually
 barley from Member States where the market situation is              exported from the Member State for which a particular
 different from that in Spain ;                                       intervention measure was implemented ; whereas it is,
                                                                      therefore, necessary to restrict the use of export licences
 Whereas, in the absence of adequate measures, massive                to exports from the Member State in which the licence
 quantities of barley may be exptected to enter interven­             was applied for ;
 tion storage in Spain during the marketing year in accor­
 dance with Article 4 of Regulation (EEC) No 1766/92, the             Whereas, in order to ensure equal treatment of all
 only possibility of disposal being in any case export to             concerned, it is necessary to make provision for the
 non-member countries ; whereas, to avoid the abovemen­               licences issued to have an identical period of validity ;
 tioned intervention, a special intervention measure
 intended to relieve the Spanish market should be taken              Whereas, in order to ensure the smooth operation of the
 pursuant to Article 6 of the said Regulation ; whereas,              export tendering procedure, it is appropriate to prescribe a
 furthermore, such a measure should take the form of a                minimum quantity to be tenderer for and a time limit
 direct export incentive, which would avoid the high cost             and form for the communication of tenders submitted to
 to the Community budget of buying in and storing                     the competent authorities ;
 products which would in any case then have to be
exported ; whereas the granting of a refund, the amount of           Whereas, the measures provided for in this Regulation are
which would be determined by tendering and which                     in accordance with the opinion of the Management
would apply only to products exported from Spain, would              Committee for Cereals,
be an appropriate measure for this purpose ;
Whereas the purpose of the measure is such that refunds
                                                                     HAS ADOPTED THIS REGULATION :
should be granted only on barley of the quality required
for acceptance for intervention, as defined in Commission
Regulation (EEC) No 689/92 (2), as last amended by Regu­
                                                                                               Article 1
lation (EEC) No 1715/93 ('); whereas the competent
agency must make certain barley exported is of this stan­
dard ;                                                                1.    A special intervention measure in the form of an
                                                                     export refund shall be applied in respect of 400 000
                                                                     tonnes of barley produced in Spain .
(') OJ No L 181 , 1 . 7. 1992, p. 21 .
(2) OJ No L 74, 20. 3. 1992, p. 18 .
(') OJ No L 159, 1 . 7. 1993, p. 100 .                               (4) OJ No L 151 , 23. 6. 1993, p. 15.
 ---pagebreak---    No L 191 / 110                           Official Journal of the European Communities                                 31 . 7 . 93
   Article 13 of Regulation (EEC) No 1766/92 and the provi­             ning their period of validity, be deemed to have been
   sions adopted for the application of that Article shall              issued on the day on which the tender was submitted.
   apply mutatis mutandis to the said refund .
                                                                     , 2.     Export licences issued in connection with the invita­
  2. The Spanish intervention agency shall be respon­                   tion to tender pursuant to this Regulation shall be valid
  sible for implementing the measure referred to in para­               from their date of issue, as defined in paragraph 1 , until
  graph 1 .                                                             the end of the fourth month following that of the issue.
                                                                        3.    Notwithstanding Article 1 1 of Regulation (EEC)
                            Article 2                                   No 3719/88, export licences under this tendering proce­
                                                                       dure shall be valid in Spain only.
   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 . The Commission shall decide, under the procedure
  of barley referred to in Article 1 ( 1 ) for export to all third     laid down in Article 23 of Regulation (EEC) No 1766/92,
  countries.                                                           either :
  3. The invitation shall remain open until 26 May 1994.               — to fix a maximum export refund, taking account in
  During the period of its , validity weekly awards shall be                particular of the criteria laid down in Article 2 of
  made, for which the time limits for the submission of                     Regulation (EEC) No 1533/93 , or
  tenders shall be as prescribed in the notice of invitation to        — to make no award .
  tender.
                                                                       2. Where a maximum export refund is fixed, a contract
  By way of derogation from Article 5 (4) of Regulation                shall be awarded to any tenderer whose tender indicates a
 (EEC) No 1533/93, the time limit for submission of                    rate of refund equal to or less than such maximum export
  tenders under the first partial invitation to tender shall           refund .
  expire on 5 August 1993.
                                                                       3. A refund awarded shall not be paid unless the barley
 4. Tenders must be submitted to the Spanish interven­                 exported is of at least intervention quality in Spain as
 tion agency named in the notice of invitation .                       defined in Article 2 (2) of Regulation (EEC) No 689/92.
 5. The tendering procedure shall take place in accor­                 The competent agency shall have an analysis made, by an
 dance with this Regulation and Regulation (EEC)                       approved body or company, of the landed goods and shall
 No 1533/93 .                                                          hold at the Commission's disposal an additional sample
                                                                       from each consignment taken and sealed in the presence
                                                                      of the tenderer or his representative.
                           Article 3
                                                                      Sampling and analysis costs shall be met by the tenderer.
 A tender shall be valid only if it relates to not less than
 1 000 tonnes.                                                        4. Where the quality does not correspond to that
                                                                      defined in paragraph 3, the refund shall be reduced by
                                                                      ECU 15 per tonne.
                           Article 4
                                                                                                 Article 8
 Under the tendering procedure referred to in Article 2,
 box 20 of applications and the export licences shall indi­           Tenders submitted must reach the Commission through
 cate the following :                                                 the intervention of the Spanish intervention agency at the
       Reglamento (CEE) n° 2147/93 certificado válido                 latest one and a half hours after expiry of the period for
      exclusivamente en España.'                                      the weekly submission of tenders as specified in the
                                                                      notice of invitation to tender. They must be communi­
                                                                      cated in the form indicated in Annex I, to the telex or
                           Article 5                                  telefax numbers in Annex II .
The security referred to in Article 6 of Regulation (EEC)             If no tenders are received, the Spanish intervention
No 1533/93 shall be ECU 12 per tonne.                                 agency shall inform the Commission of this within the
                                                                      period indicated in the first paragraph .
                           Article 6                                  The times fixed for the submission of tenders shall corres­
                                                                      pond to Belgian time.
 1 . By way of derogation from Article 21 ( 1 ) of
Commission Regulation (EEC) No 3719/88 ('), export                                               Article 9
licences issued in accordance with Article 9 ( 1 ) of Regula­
tion (EEC) No 1533/93 shall, for the purpose of determi­              This Regulation shall enter into force on the day of its
                                                                      publication in the Official Journal of the European
(') OJ No L 331 , 2. 12. 1988, p. 1 .                                 Communities.
 ---pagebreak--- 31 . 7. 93                       Official Journal of the European Communities                                No L 191 / 111
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 30 July 1993 .
                                                                           For the Commission
                                                                             Rene STEICHEN
                                                                     Member of the Commission
                                                         ANNEX I
            Weekly tender for the refund for the export of Spanish barley to all third countries
                                              (Regulation (EEC) No 2147/93)
                               (Closing date for the submission of tenders (date/time))
                        1               2                                       3
                    Number           Quantity                        Amount of export refund
                   of tender        in tonnes                          • in ecu 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 :
           — telex :           22037 AGREC B
                               22070 AGREC B (Greek characters)
           — telefax :         — 295 01 32, 296 10 97, 236 25 15.