CELEX: 31987R1983
Language: en
Date: 1987-07-07 00:00:00
Title: Commission Regulation (EEC) No 1983/87 of 6 July 1987 on a special intervention measure for barley in Spain

7:7. 87                                 Official Journal of the European Communities                               No L 187/9
                                    COMMISSION REGULATION (EEC) No 1983/87
                                                        of 6 July 1987
                                 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 1 569/77 (3), as last amended by
                                                                   Regulation (EEC) No 417/87 (4) ; whereas the competent
Having regard to the Treaty establishing the European              agency must make certain barley exported is of this
Economic Community,                                                standard ;
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the              Whereas the nature and objectives of the said measures
market in cereals ('), as last amended by Regulation (EEC)         make it appropriate to apply in respect of it mutatis
No 1900/87 (2), and in particular Article 8 (4) thereof,           mutandis Article 16 of Regulation (EEC) No 2727/75 and
                                                                   the Regulations adopted for the application thereof, in
                                                                   particular Council Regulation (EEC) No 2746/75 of 29
Whereas production of barley in Spain exceeds that                 October 1975 laying down general rules for granting
country's requirements ;                                           export refunds on cereals and criteria for fixing the
                                                                   amount of such refunds (*), and Commission Regulation
                                                                   (EEC) No 279/75 of 4 February 1975 laying down
Whereas the possibility of that surplus being absorbed by          detailed rules for the application on the system of
the Community market is slight ;                                   tendering for export refunds on cereals (*), as last amended
                                                                   by Regulation (EEC) No 2788 /86 Q ;
Whereas the Spanish market can be relieved by the
export of part of this surplus quantity of barley to non­
member countries ; whereas, in view of world market                Whereas, since the interested parties are already aware of
prices for barley, export is possible only with the aid of a       the terms of the invitation, a derogation may be made
refund ;                                                           from the provisions of Regulation (EEC) No 279/75 on
                                                                   the period that must elapse between the date of publica­
                                                                   tion and the first closing date for the submission of
Whereas, however, the refund arrangements laid down in             tenders ;
Article 16 of Regulation (EEC) No 2727/75 apply to
export from any Member State ; whereas such arrange­
ments, therefore, are not only unsuitable for solving the          Whereas, under the abovementioned Regulation (EEC)
problem in question but may also favour the export of              No 279/75, the commitments on the part of the tenderer
barley from Member States where the market situation is            include the obligation to lodge an application for an
different from that in Spain ;                                     export licence ; whereas compliance with this obligation
                                                                   may be ensured by requiring tenderers to lodge a
                                                                   tendering security of 12 ECU per tonne when they
Whereas, in the absence of adequate measures, massive              submit their tenders ;
quantities of barley may be expected to enter intervention
storage in Spain during the marketing year in accordance
with Article 7 of Regulation (EEC) No 2727/75, the only            Whereas, in order to ensure equal treatment of all
possibility of disposal being in any case export to non­           concerned, it is necessary to make provision for the
member countries ; whereas, to avoid the abovementioned            licences issued to have an identical period of validity ;
intervention, a special intervention measure intended to
relieve the Spanish market should be taken under Article
8 of the said Regulation ; whereas, furthermore, such a            Whereas, in order to ensure the smooth operation of the
measure should take the form of a direct export incentive,         export tendering procedure, it is appropriate to prescribe a
which would avoid the high cost to the Community                   minimum quantity to be tendered for and a time limit
budget of buying in and storing products which would in            and form for the communication of tenders submitted to
any case then have to be exported ; whereas the granting           the competent authorities ;
of a refund, the amount of which would be determined by
tendering and which would apply only to products
exported from Spain, would be an appropriate measure for           Whereas, the measures provided for in this Regulation are
this purpose ;                                                     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 174, 14. 7. 1977, p. 15.
                                                                   (4) OJ No L 42, 12. 2. 1987, p. 24.
                                                                   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,
 2) OJ No L 182, 3. 7. 1987, p. 40.                                0 OJ No L 257, 10. 9. 1986, p. 32.
 ---pagebreak--- No L 187/ 10                          Official Journal of the European Communities                                    7. 7. 87
HAS ADOPTED THIS REGULATION :                                                               Article 5
                                                                 1 . By way of derogation from Article 21 ( 1 ) of
                         Article 1                               Commission Regulation (EEC) No 3183/80 (2), as last
                                                                 amended by Regulation (EEC) No 3913/86 (?), export
1 . A special intervention measure in the form of an             licences issued in accordance with Article 8 (1 ) of
export refund shall be applied in respect of 500 000             Regulation (EEC) No 279/75 shall, for the purpose of
tonnes of barley exported from Spain.                            determining their period of validity, be deemed to have
                                                                 been issued on the day on which the tender was
Article 16 of Regulation (EEC) No 2727/75 and the provi­         submitted.
sions adopted for the application of that Article shall
apply mutatis mutandis to the said refund.                       2. Export licences issued in connection with the invita­
                                                                 tion to tender pursuant to this Regulation shall be valid
2. The Spanish intervention agency shall be respon­              from their date of issue, as defined in paragraph 1 , until
sible for implementing the measure referred to in para­          the end of the second month following that of the issue.
graph 1 .
                                                                                            Article 6
                         Article 2
           v                                                     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,
amount of the refund referred to in Article 1 .                  either :
2. The invitation to tender shall relate to the quantity         — to fix a maximum export refund, taking account in
of barley referred to in Article 1 ( 1 ) for export to the            particular of the criteria laid down in Articles 2 and 3
countries in zones I to VIII listed in Annex I to Commis­             of Regulation (EEC) No 2746/75, or
                                                                 — to make no award.
sion Regulation (EEC) No 11 24/77 ('), the Germany
Democratic Republic and the Canary Islands.                      2. Where a maximum export refund is fixed, a contract
3 . The invitation shall remain open until 24 September          shall be awarded to any tenderer whose tender indicates a
1987. During the period of its validity weekly awards shall      rate of refund equal to or less than such maximum export
                                                                 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 as defined in
By way of derogation from Article 1 (2) of Regulation            Article 2 (2) of Regulation (EEC) No 1569/77.
(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 9 July 1987.                                           hold at the Commission's disposal an additional sample
                                                                 from each consignment taken and sealed in the presence
4. Tenders must be submitted to the Spanish interven­            of the tenderer or his representative.
tion agency named in the notice of invitation.
                                                                 Sampling and analysis costs shall be met by the tenderer.
5. The tendering procedure shall take place in
accordance with this Regulation and Regulation (EEC) No                                      Article 7
279/75..
                                                                 Tenders submitted must reach the Commission through
                         Article 3                               the intervention of the Spanish intervention agency at the
                                                                 latest one and a half hours after expiry of the period for
A tender shall be valid only if :                                the weekly submission of tenders as specified in the
                                                                 notice of invitation to tender. They must be communi­
— it relates to not less than 1 000 tonnes,                      cated in the form indicated in the Annex.
— it is accompanied by :
                                                                 If no tenders are received, the Spanish intervention
    — advance fixing of the Spanish monetary compen­             agency shall inform the Commission of this within the
        satory amount valid on each closing date for the         period indicated in the first paragraph.
        submission of tenders,
                                                                 The times fixed for the submission of tenders shall corre­
    — the undertaking provided for in Article 2 (3) (b) of
        Regulation (EEC) No 279/75 that the export               spond to Belgian time.
        licence will be applied for in Spain.
                                                                                             Article 8
                         Article 4                               This Regulation shall enter into force on the day of its
                                                                 publication in the Official Journal of the European
The security referred to in Article 3 of Regulation (EEC)        Communities.
No 279/75 shall be 12 ECU per tonne.
                                                                 (2) OJ No L 338, 13. 12. 1980, p. 1 .
(<) OJ No L 134, 28 . 5. 1977, p. 53.                            0 OJ No L 364, 23. 12. 1986, p. 31 .
 ---pagebreak--- 7. 7. 87                     Official Journal of the European Communities                           No L 187/ 11
         This Regulation shall be binding in its entirety and directly applicable in all Member
         States.
         Done at Brussels, 6 July 1987.
                                                                    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
                     3
                    etc.