CELEX: 31988R2444
Language: en
Date: 1988-08-04
Title: Commission Regulation (EEC) No 2444/88 of 3 August 1988 on a special intervention measure for barley in Spain

4. 8 . 88                               Official Journal of the European Communities                              No L 211 / 15
                                    COMMISSION REGULATION (EEC) No 2444/88
                                                      of 3 August 1988
                                 on a special intervention measure for barley in Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Regulation (EEC) No 1 569/77 (3), as last amended by
                                                                   Regulation (EEC) No 2391 /88 (4) ; 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 2221 /88 (2), and in particular Article 8 (4) thereof,          make it appropriate to apply in respect of it mutatis
                                                                   mutandis Article 1 6 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
Whereas the possibility of that surplus being absorbed by          amount of such refunds (*), and Commission Regulation
the Community market is slight ;                                   (EEC> No 279/75 of 4 February 1975 laying down
                                                                   detailed rules for the application on the system of
                                                                   tendering for export refunds on cereals (6), as last amended
Whereas the Spanish market can be relieved by the                  by Regulation (EEC) No 2788/86 Q ;
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
Whereas, however, the refund arrangements laid down in             the period that must elapse between the date of publica­
Article 16 of Regulation (EEC) No 2727/75 apply to                 tion and the first closing date for the submission of
                                                                   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
Whereas, in the absence of adequate measures, massive              may be ensured by requiring tenderers to lodge a
quantities of barley may be expected to enter intervention         tendering security of 12 ECU per tonne when they
storage in Spain during the marketing year in accordance           submit their tenders ;
with Article 7 of Regulation (EEC) No 2727/75, the only
possibility of disposal being in any case export to non­
member countries ; whereas, to avoid the abovementioned            Whereas, in order to ensure equal treatment of all
intervention, a special intervention measure intended to           concerned, it is necessary to make provision for the
relieve the Spanish market should be taken under Article           licences issued to have an identical period of validity ;
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
for acceptance for intervention, as defined in Commission          0   OJ No  L 174, 14. 7. 1977, p. 15.
                                                                   0   OJ No  L 205, 30. 7. 1988, p. 75.
                                                                   0   OJ No  L 281 , 1 . 11-. 1975, p. 78 .
(■) OJ No L 281 , 1 . 11 . 1975, p. 1 ,                            («) OJ No  L 31 , 5. 2. 1975, p. 8 .
0 OJ No L 197, 26. 7. 1988, p. 16.                                 n 01 No L 257, 10. 9. 1986, p. 32.
 ---pagebreak---   No L 211 / 16                         Official Journal of the European Communities                                    4. 8 . 88
  HAS ADOPTED THIS REGULATION :
                                                                   amended by Regulation (EEC) No 2082/87 (3), export
                                                                   licences issued in accordance with Article 8 (1 ) of
                           Article 1                               Regulation (EEC) No 279/75 shall, for the purpose of
  1.   A special intervention measure in the form of an            determining their period of validity, be deemed to have
 export refund shall be applied in respect of 500 000              been issued on the day on which the tender was
                                                                   submitted.
 tonnes of barley produced in Spain.
 Article 16 of Regulation (EEC) No 2727/75 and the provi­          2.    Export licences issued in connection with the invita­
 sions adopted for the application of that Article shall           tion to tender pursuant to this Regulation shall be valid
 apply mutatis mutandis to the said refund.                       from their date of issue, as defined in paragraph 1 , until
                                                                  the end of the fourth month following that of the issue.
 2. The Spanish intervention agency shall be respon­
 sible for implementing the measure referred to in para­
 graph 1 .                                                                                    Article 6
                           Article 2                               1 . The Commission shall decide, under the procedure
  1.   Tenders shall be invited in order to determine the
                                                                  laid down in Article 26 of Regulation (EEC) No 2727/75,
                                                                  either :
 amount of the refund referred to in Article 1 .
                                                                  — to fix a maximum export refund, taking account in
 2. The invitation to tender shall relate to the quantity              particular of the criteria laid down in Articles 2 and 3
 of barley referred to in Article 1 (1 ) for export to the             of Regulation (EEC) No 2746/75, or
 countries in zones I to VIII listed in Annex I to Commis­
                                                                  — to make no award.
 sion Regulation (EEC) No 11 24/77 ('), the German
 Democratic Republic and the Canary Islands.
                                                                  2. Where a maximum export refund is fixed, a contract
 3.    The invitation shall remain open until 23 February         shall be awarded to any tenderer whose tender indicates a
 1989. During the period of its validity weekly awards shall      rate of refund equal to or less than such maximum export
 be made, for which the time limits for the submission of         refund.
 tenders shall be as prescribed in the notice of invitation to
 tender.                                                          3. A refund awarded shall not be paid unless the barley
                                                                  exported is of at least intervention quality as defined in
 By way of derogation from Article 1 (2) of Regulation            Article 2 (2) of Regulation (EEC) No 1569/77, with the
(EEC) No 279/75, the time limit for submission of                 exception of a specific minimum wight of 60 kg/hi.
 tenders under the first partial invitation to tender shall
expire on 11 August 1988 .                                        The competent agency shall have an analysis made, by an
4.    Tenders must be submitted to the Spanish interven­          approved body or company, of the landed goods and shall
tion agency named in the notice of invitation.                    hold at the Commission's disposal an additional sample
                                                                  from each consignment taken and sealed in the presence
 5. The tendering procedure shall take place in                   of the tenderer or his representative.
accordance with this Regulation and Regulation (EEC) No
279/75.                                                           Sampling and analysis costs shall be met by the tenderer.
                          Article 3
                                                                                             Article 7
A tender shall be valid only if :
— it relates to not less than 1 000 tonnes,                       Tenders submitted must reach the Commission through
                                                                  the intervention of the Spanish intervention agency at the
— it is accompanied by :                                          latest one and a half hours after expiry of the period for
     —■ advance fixing of the Spanish monetary compen­            the weekly submission of tenders as specified in the
         satory amount valid on each closing date for the         notice of invitation to tender. They must be communi­
         submission of tenders,                                   cated in the form indicated in the Annex.
     — the undertaking provided for in Article 2 (3) (b) of
         Regulation (EEC) No 279/75 that the export               If no tenders are received, the Spanish intervention
         licence will be applied for in Spain.                    agency shall inform the Commission of this within the
                                                                  period indicated in the first paragraph.
                          Article 4
                                                                  The times fixed for the submission of tenders shall corre­
The security referred to in Article 3 of Regulation (EEC)         spond to Belgian time.
No 279/75 shall be 12 ECU per tonne.
                                                                                             Article 8
                          Article 5
1 . By way of derogation from Article 21 (1 ) of                  This Regulation shall enter into force on the day of its
Commission Regulation (EEC) No 3183/80 (2), as last               publication in the Official Journal of the European
                                                                  Communities.
(') OJ No L 134, 28. 5. 1977, p. 53.
0 OJ No L 338, 13. 12. 1980* p. 1 .                               0 OJ No L 195, 16. 7. 1987, p. 11 .
 ---pagebreak--- 4. 8. 88                     Official Journal of the European Communities                           No L 211 / 17
         This Regulation shall be binding in its entirety and directly applicable in all Member
         States.
         Done at Brussels, 3 August 1988 .
                                                                    For the Commission
                                                                     Frans ANDRIESSEN
                                                                        Vice-President
                                                  ANNEX
         Weekly tender for the refund for the export of barley to countries in zones I to VIII, the
                         German Democratic Republic and the Canary Islands
                           (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
                           I
                   3 '
                  etc.