CELEX: 31992R1356
Language: en
Date: 1992-05-27 00:00:00
Title: Commission Regulation (EEC) No 1356/92 of 26 May 1992 on a special intervention measure for barley in Spain

No L 145/58                             Official Journal of the European Communities                                   27. 5. 92
                                    COMMISSION REGULATION (EEC) No 1356/92
                                                        of 26 May 1992
                                 on a special intervention measure for barley in Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        for acceptance for intervention, as defined in Commission
                                                                   Regulation (EEC) No 689/92 (3) ; however, it is necessary
                                                                   to foresee an exception concerning the specific weight,
Having regard to the Treaty establishing the European              having regard to the meteorological circumstances in
Economic Community,                                                Spain this year ; whereas the competent agency must
                                                                   make certain barley exported is of this standard ;
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)         Whereas the nature and objectives of the said measures
No 674/92 (2), and in particular Article 8 (3) thereof,            make it appropriate to apply in respect of it mutatis
                                                                    mutandis Article 16 of Regulation (EEC) No 2727/75 and
                                                                   the Regulations adopted for the application thereof, in
Whereas production of barley in Spain exceeds that                 particular Council Regulation (EEC) No 2746/75 of 29
country's requirements ;                                           October 1975 laying down general rules for granting
                                                                   export refunds on cereals and criteria for fixing the
                                                                   amount of such refunds (4), and Commission Regulation
Whereas the possibility of that surplus being absorbed by          (EEC) No 279/75 of 4 February 1975 laying down
the Community market is slight ;                                   detailed rules for the application on the system of
                                                                   tendering for export refunds on cereals (*), as last amended
Whereas the Spanish market can be relieved by the                  by Regulation (EEC) No 2788/86 (6) ;
export of part of this surplus quantity of barley to non­
member countries ; whereas, in view of world market
prices for barley, export is possible only with the aid of a       Whereas, since the interested parties are already aware of
refund ;                                                           the terms of the invitation, a derogation may be made
                                                                   from the provisions of Regulation (EEC) No 279/75 on
                                                                   the period that must elapse between the date of publica­
Whereas, however, the refund arrangements laid down in             tion and the first closing date for the submission of
Article 16 of Regulation (EEC) No 2727/75 apply to                 tenders ;
export from any Member State ; whereas such arrange­
ments, therefore; are not only unsuitable for solving the
problem in question but may also favour the export of              Whereas, under the abovementioned Regulation (EEC)
barley from Member States where the market situation is            No 279/75, the commitments on the part of the tenderer
different from that in Spain ;                                     include the obligation to lodge an application for an
                                                                   export licence ; whereas compliance with this obligation
                                                                   may be ensured by requiring tenderers to lodge a
Whereas, in the absence of adequate measures, massive              tendering security of ECU 12 per tonne when they
quantities of barley may be expected to enter intervention         submit their tenders ;
storage in Spain during the marketing year in accordance
with Article 7 of Regulation (EEC) No 2 727/75, the only
possibility of disposal being in any case export to non­           Whereas, in order to ensure equal treatment of all
member countries ; whereas, to avoid the abovementioned            concerned, it is necessary to make provision for the
intervention, a special intervention measure intended to           licences issued to have an identical period of validity ;
relieve the Spanish market should be taken under Article
8 of the said Regulation ; whereas, furthermore, such a
measure should take the form of a direct export incentive,         Whereas, in order to ensure the smooth operation of the
which would avoid the high cost to the Community                   export tendering procedure, it is appropriate to prescribe a
budget of buying in and storing products which would in            minimum quantity to be tendered for and a time limit
any case then have to be exported ; whereas the granting           and form for the communication of tenders submitted to
of a refund, the amount of which would be determined by            the competent authorities ;
tendering and which would apply only to products
exported from Spain, would be an appropriate measure for
this purpose ;                                                     Whereas, the measures provided for in this Regulation are
                                                                   in accordance with the opinion of the Management
                                                                   Committee for Cereals,
Whereas the purpose of the measure is such that refunds
should be granted only on barley of the quality required
                                                                   (3) OJ No L 74, 20. 3. 1992, p. 18.
                                                                   (4) OJ No L 281 , 1 . 11 . 1975, p. 78 .
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .                            (0 OJ No L 31 , 5. 2. 1975, p. 8.
 2) OJ No L 73, 19. 3. 1992, p. 7.                                 («) OJ No L 257, 10. 9. 1986, p. 32.
 ---pagebreak--- 27. 5. 92                             Official Journal of the European Communities                             No L 145/59
HAS ADOPTED THIS REGULATION :                                   Regulation (EEC) No 279/75 shall, for the purpose of
                                                                determining their period of validity, be deemed to have
                         Article 1                              been issued on the day on which the tender was
                                                                submitted .
1 . A special intervention measure in the form of an
export refund shall be applied in respect of 400 000            2.     Export licences issued in connection with the invita­
tonnes of barley produced in Spain .                            tion to tender pursuant to this Regulation shall be valid
Article 16 of Regulation (EEC) No 2727/75 and the provi­        from their date of issue, as defined in paragraph 1 , until
sions adopted for the application of that Article shall         the end of the fourth month following that of the issue.
apply mutatis mutandis to the said refund.
2. The Spanish intervention agency shall be respon­                                         Article 6
sible for implementing the measure referred to in para­
graph 1 .                                                        1 . The Commission shall decide, under the procedure
                                                                laid down in Article 26 of Regulation (EEC) No 2727/75,
                         Article 2                              either :
1.    Tenders shall be invited in order to determine the        — to fix a maximum export refund, taking account in
amount of the refund referred to in Article 1 .                      particular of the criteria laid down in Articles 2 and 3
                                                                     of Regulation (EEC) No 2746/75, or
2. The invitation to tender shall relate to the quantity
                                                                — to make no award.
of barley referred to in Article 1 ( 1 ) for export to the
countries in zones I to VIII listed in Annex I to Commis­
sion Regulation (EEC) No 11 24/77 (').                           2. Where a maximum export refund is fixed, a contract
                                                                shall be awarded to any tenderer whose tender indicates a
3. The invitation shall remain open until 17 December            rate of refund equal to or less than such maximum export
1992. During the period of its validity weekly awards shall      refund.
be made, for which the time limits for the submission of
tenders shall be as prescribed in the notice of invitation to    3. A refund awarded shall not be paid unless the barley
tender.                                                         exported is of at least intervention quality in Spain as
                                                                 defined in Article 2 (2) of Regulation (EEC) No 689/92.
By way of derogation from Article 1 (2) of Regulation
(EEC) No 279/75, the time limit for submission of               The competent agency shall have an analysis made, by an
tenders under the first partial invitation to tender shall       approved body or company, of the landed goods and shall
expire on 4 June 1991 .                                          hold at the Commission's disposal an additional sample
4. Tenders must be submitted to the Spanish interven­            from each consignment taken and sealed in the presence
tion agency named in the notice of invitation.                   of the tenderer or his representative.
5. The tendering procedure shall take place in                   Sampling and analysis costs shall be met by the tenderer.
accordance with this Regulation and Regulation (EEC) No
279/75.                                                         4. Where the quality does not correspond to that
                                                                defined in paragraph 3, the refund shall be reduced by
                          Article 3                              ECU 15 per tonne.
A tender shall be valid only if :
— it relates to not less than 1 000 tonnes,                                                 Article 7
— it is accompanied by :                                        Tenders submitted must reach the Commission through
    — advance fixing of the Spanish monetary compen­             the intervention of the Spanish intervention agency at the
        satory amount valid on each closing date for the         latest one and a half hours after expiry of the period for
        submission of tenders,                                   the weekly submission of tenders as specified in the
    — the undertaking provided for in Article 2 (3) (b) of       notice of invitation to tender. They must be communi­
        Regulation (EEC) No 279/75 that the export               cated in the form indicated in Annex I, to the telephone,
        licence will be applied for in Spain.                    telex or telefax numbers in Annex II.
                          Article 4                              If no tenders are received, the Spanish intervention
                                                                 agency shall inform the Commission of this within the
The security referred to in Article 3 of Regulation (EEC)        period indicated in the first paragraph .
No 279/75 shall be ECU 12 per tonne.
                                                                The times fixed for the submission of tenders shall corre­
                          Article 5                              spond to Belgian time.
 1 . By way of derogation from Article 21 (1 ) of
Commission Regulation (EEC) No 3719/88 (2), export                                          Article 8
licences issued in accordance with Article 8 (1 ) of
                                                                 This Regulation shall enter into force on the day of its
(') OJ No L 134, 28. 5. 1977, p. 53.                             publication in the Official Journal of the European
(2) OJ No L 331 , 2. 12. 1988, p. 1 .                            Communities.
 ---pagebreak--- No L 145/60                    Official Journal of the European Communities                        27. 5. 92
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 26 May 1992.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission
 ---pagebreak--- 27. 5. 92                      Official Journal of the European Communities                                 No L 145/61
                                                      ANNEX I
          Weekly tender for the refund for the export of Spanish barley to countries in zones I to
                                                          VIII
                                            (Regulation (EEC) No 1356/92)
                              (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 :         — 235 01 32,
                              — 236 10 97,
                              — 236 20 05,
                              — 236 20 08 .