CELEX: 31991R1145
Language: en
Date: 1991-05-04 00:00:00
Title: Commission Regulation (EEC) No 1145/91 of 3 May 1991 on a special intervention measure for barley in Spain

No L 112/26                             Official Journal of the European Communities                                    4. 5. 91
                                    COMMISSION REGULATION (EEC) No 1145/91
                                                        of 3 May 1991
                                 on a special intervention measure for barley in Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Regulation (EEC) No 1 569/77 ('), as last amended by
                                                                  Regulation (EEC) No 1022/90 (4) ; however, it is necessary
Having regard to the Treaty establishing the European             to foresee an exception concerning the specific weight,
Economic Community,                                               having regard to the meteorological circumstances in
                                                                  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 3577/90 (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
Whereas the possibility of that surplus being absorbed by         amount of such refunds (5), 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 (7);
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 ECU 12 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         (') OJ  No  L 174, 14. 7. 1977, p.    15.
                                                                  (4) OJ  No  L 106, 26. 4. 1990, p.    11 .
                                                                  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 353 , 17. 12. 1990, p. 23 .                             0   OJ  No  L 257, 10. 9 . 1986, p.   32.
 ---pagebreak--- 4. 5 . 91                              Official Journal of the European Communities                             No L 112/27
 HAS ADOPTED THIS REGULATION :                                                              Article 5
                                                                  1 . By way of derogation from Article 21 ( 1 ) of
                          Article 1
                                                                 Commission Regulation (EEC) No 3719/88 (2), export
                                                                 licences issued in accordance with Article 8 ( 1 ) of
 1 . A special intervention measure in the form of an            Regulation (EEC) No 279/75 shall, for the purpose of
export refund shall be applied in respect of 300 000             determining their period of validity, be deemed to have
 tonnes of barley produced in Spain.                             been issued on the day on which the tender was
                                                                 submitted.
Article 16 of Regulation (EEC) No 2727/75 and the provi­
 sions adopted for the application of that Article shall         2. Export licences issued in connection with the invita­
apply mutatis mutandis to the said refund.                       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 fourth month following that of the issue.
graph 1 .
                                                                                            Article 6
                          Article 2                               1 . The Commission shall decide, under the procedure
                                                                 laid down in Article 26 of Regulation (EEC) No 2727/75,
 1.    Tenders shall be invited in order to determine the        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 1 1 24/77 ('), and the Canary
 Islands.                                                        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 21 May 1992.           rate of refund equal to or less than such maximum export
 During the period of its validity weekly awards shall be        refund.
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
                                                                 Article 2 (2) of Regulation (EEC) No 1569/77, with the
By way of derogation from Article 1 (2) of Regulation            exception of a specific minimum weight of 62 kg/hi.
(EEC) No 279/75, the time limit for submission of
tenders under the first partial invitation to tender shall       The competent agency shall have an analysis made, by an
expire on 16 May 1991 .                                          approved body or company, of the landed goods and shall
                                                                 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.                                                                                     Article 7
                                                                 Tenders submitted must reach the Commission through
                          Article 3
                                                                 the intervention of the Spanish intervention agency at the
A tender shall be valid only if :                                latest one and a half hours after expiry of the period for
                                                                 the weekly submission of tenders as specified in the
— it relates to not less than 1 000 tonnes,                      notice of invitation to tender. They must be communi­
                                                                 cated in the form indicated in the Annex.
— it is accompanied by :
     — advance fixing of the Spanish monetary compen­            If no tenders are received, the Spanish intervention
        satory amount valid on each closing date for the         agency shall inform the Commission of this within the
        submission of tenders,                                   period indicated in the first paragraph.
     — the undertaking provided for in Article 2 (3) (b) of      The times fixed for the submission of tenders shall corre­
        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
The security referred to in Article 3 of Regulation (EEC)        publication in the Official Journal of the European
No 279/75 shall be ECU 12 per tonne.                             Communities.
(') OJ No L 134, 28 . 5. 1977, p. 53.                            (2) OJ No L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak--- No L 112/28                     Official Journal of the European Communities                              4 . 5 . 91
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 3 May 1991 .
                                                                       For the Commission
                                                                         Ray MAC SHARRY
                                                                    Member of the Commission
                                                        ANNEX
            Weekly tender for the refund for the export of barley to countries in zones I to VIII and the
                                                     Canary Islands
                                             (Regulation (EEC) No 1145/91 )
                               (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.