CELEX: 31999R1897
Language: en
Date: 1999-09-02 00:00:00
Title: Commission Regulation (EC) No 1897/1999 of 2 September 1999 on a special intervention measure for cereals in Finland and Sweden

L 233/10               EN                      Official Journal of the European Communities                                      3. 9. 1999
                                          COMMISSION REGULATION (EC) No 1897/1999
                                                           of 2 September 1999
                              on a special intervention measure for cereals in Finland and Sweden
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                       more costly to the Community budget than direct
                                                                                  exports;
Having regard to the Treaty establishing the European                     (5)     Whereas these additional costs can be avoided under a
Community,                                                                        special intervention measure within the meaning of
                                                                                  Article 6 of that Regulation; whereas this intervention
                                                                                  measure may be taken in the form of a measure
Having regard to Council Regulation (EEC) No 1766/92 of 30                        intended to relieve the market in oats in Finland and
June 1992 on the common organisation of the market in                             Sweden; whereas the grant of a refund by a tendering
cereals (1), as last amended by Commission Regulation (EC) No                     procedure which would apply only to oats produced and
1253/1999 (2), and in particular Article 6 thereof,                               exported from those two countries would be the most
                                                                                  appropriate measure in the circumstances; whereas this
                                                                                  approach was followed in the 1998/99 marketing year
                                                                                  pursuant to Commission Regulation (EC) No 2007/
(1)     Whereas oats are one of the products covered by the                       98 (3), as last amended by Regulation (EC) No 567/
        common organisation of the market in cereals; whereas                     1999 (4);
        it is not, however, included among the basic cereals
        referred to in Article 4 of Regulation (EEC) No 1766/92
                                                                          (6)     Whereas the nature and objectives of the said measure
        for which provision is made for intervention buying in;
                                                                                  make it appropriate to apply to it, mutatis mutandis,
                                                                                  Article 13 of Regulation (EEC) No 1766/92 and the
                                                                                  Regulations adopted for its implementation, in particular
(2)     Whereas oats is a major traditional crop in Finland and                   Commission Regulation (EC) No 1501/95 of 29 June
        Sweden which is well suited to the weather conditions                     1995 laying down certain detailed rules for the applica-
        obtaining in those countries; whereas production far                      tion of Council Regulation (EEC) No 1766/92 on the
        exceeds requirements in those countries with the result                   granting of export refunds on cereals and the measures
        that they are required to dispose of surpluses by                         to be taken in the event of disturbance on the market
        exporting them to third countries; whereas membership                     for cereals (5), as last amended by Regulation (EC) No
        of the Community has not altered the previously                           2513/98 (6);
        existing situation;
                                                                          (7)     Whereas Regulation (EC) No 1501/95 requires tenderers
                                                                                  to apply for an export licence among their other under-
(3)     Whereas any reduction in the quantity of oats grown in                    takings; whereas compliance with this obligation may be
        Finland and Sweden would be beneficial to other cereals                   ensured by requiring tenderers to lodge a security of
        qualifying for the intervention arrangements, especially                  EUR 12 per tonne when they submit their tenders;
        barley; whereas production of barley is in surplus both
        in the two Nordic countries and across the whole of the           (8)     Whereas the cereals in question should actually be
        Community; whereas a switch from oats to barley would                     exported from the Member States for which a special
        only worsen the situation and create further surpluses;                   intervention measure was implemented; whereas it is
        whereas it is necessary therefore to ensure that exports                  necessary therefore to limit the use of export licences to
        of oats to third countries can continue;                                  exports from the Member State in which application for
                                                                                  the licence was made and to oats produced in Finland
                                                                                  and Sweden;
(4)     Whereas refunds may be granted in respect of oats
        pursuant to Article 13 of Regulation (EEC) No 1766/92;            (9)     Whereas, in order to ensure equal treatment for all
        whereas the geographical situation of Finland and                         concerned, it is necessary to make provision that the
        Sweden places them in a less favourable position from                     licences issued have an identical period of validity;
        the point of view of exporting than other Member
        States; whereas the fixing of refunds on the basis of             (10)    Whereas, in order to ensure the smooth operation of the
        Article 13 favours primarily those other Member States;                   export tendering procedure, it is necessary to prescribe a
        whereas it is anticipated therefore that the production of                minimum quantity and a time limit and form for the
        oats in the two Nordic countries will give way increas-                   submission of tenders to the competent agencies;
        ingly to that of barley; whereas, consequently, in coming
        years, substantial quantities of barley must be expected          (11)    Whereas the measures provided for in this Regulation
        to enter intervention storage in Finland and Sweden                       are in accordance with the opinion of the Management
        pursuant to Article 4 of Regulation (EEC) No 1766/92,                     Committee for Cereals,
        the only possibility of disposal being export to third
        countries; whereas exports from intervention storage are
                                                                          (3) OJ L  258, 22.9.1998, p. 13.
                                                                          (4) OJ L  70, 17.3.1999, p. 10.
( ) OJ L 181, 1.7.1992, p. 21.
 1
                                                                          (5) OJ L  147, 30.6.1995, p. 7.
(2) OJ L 160, 26.6.1999, p. 18.                                           (6) OJ L  313, 21.11.1998, p. 16.
 ---pagebreak--- 3. 9. 1999             EN                       Official Journal of the European Communities                                        L 233/11
HAS ADOPTED THIS REGULATION:                                                                             Article 5
                                                                           The refund shall be valid only for exports from Finland and
                              Article 1                                    Sweden.
1.     A special intervention measure in the form of an export
refund shall be implemented in respect of 300 000 tonnes of                                              Article 6
oats produced in Finland and Sweden and intended for export
from Finland and Sweden to all third countries.                            The security referred to in Article 5 of Regulation (EC) No
                                                                           1501/95 shall be EUR 12 per tonne.
Article 13 of Regulation (EEC) No 1766/92 and the provisions
adopted for the application of that Article shall apply, mutatis
mutandis, to the said refund.                                                                            Article 7
2.     The Finnish and Swedish intervention agencies shall be              1.     Notwithstanding Article 21(1) of Commission Regulation
responsible for implementing the measure referred to in para-              (EEC) No 3719/88 (2), export licences issued in accordance with
graph 1.                                                                   Article 8(1) of Regulation (EC) No 1501/95 shall, for the
                                                                           purpose of determining their period of validity, be deemed to
                              Article 2                                    have been issued on the day on which the tender was
                                                                           submitted.
1.     Tenders shall be invited in order to determine the amount
of the refund referred to in Article 1.                                    2.     Export licences issued under this tendering procedure
                                                                           shall be valid from their date of issue, as defined in paragraph
2.     The invitation to tender shall relate to the quantity of oats       1, until the end of the fourth month following that of issue.
referred to in Article 1(1) for export to all third countries.
                                                                           3.     Notwithstanding Article 11 of Regulation (EEC) No
3.     The invitation shall remain open until 29 June 2000.                3719/88, export licences issued under this tendering procedure
During its period of validity weekly awards shall be made, for             shall be valid in Finland and Sweden only.
which the time limits for the submission of tenders shall be
specified in the notice of invitation to tender.
                                                                                                         Article 8
Notwithstanding Article 4(4) of Regulation (EC) No 1501/95,
the time limit for the submission of tenders for the first partial         1.     On the basis of tenders notified, the Commission shall
invitation to tender shall be 9 September 1999.                            decide, in accordance with the procedure laid down in Article
                                                                           23 of Regulation (EEC) No 1766/92, either:
4.     Tenders must be submitted to the Finnish and Swedish
intervention agencies named in the notice of invitation.                   — to fix a maximum export refund, taking into account in
                                                                               particular the criteria laid down in Article 1 of Regulation
5.     The tendering procedure shall take place in accordance                  (EC) No 1501/95, or
with this Regulation and Regulation (EC) No 1501/95.                       — to make no award.
                                                                           2.     Where a maximum export refund is fixed, a contract shall
                              Article 3                                    be awarded to any tenderer whose tender specifies a rate of
                                                                           refund not exceeding such maximum export refund.
A tender shall be valid only if:
(a) it relates to not less than 1 000 tonnes;
                                                                                                         Article 9
(b) it is accompanied by a written undertaking from the
     tenderer specifying that it relates solely to oats grown in           Tenders submitted must reach the Commission via the Finnish
     Finland and Sweden which are to be exported from those                and Swedish intervention agencies not later than one and a half
     countries.                                                            hours following expiry of the deadline for the weekly submis-
                                                                           sion of tenders as specified in the notice of invitation to tender.
Where the undertaking referred to in paragraph (b) is not                  They must be communicated in the form shown in Annex I to
fulfilled, the security provided for in Article 10 of Commission           the telex or fax numbers given in Annex II.
Regulation (EC) No 1162/95 (1) shall be forfeited, except in
cases of force majeure.                                                    If no tenders are received, the Finnish and Swedish intervention
                                                                           agencies shall inform the Commission thereof within the
                              Article 4                                    period specified in the first paragraph.
Under the tendering procedure referred to in Article 2, one of             The times fixed for the submission of tenders shall correspond
the following entries shall be made in box 20 of applications              to Belgian time.
and export licences:
— ‘Asetus (EY) N:o 1897/1999 — Todistus on voimassa                                                     Article 10
     ainoastaan Suomessa ja Ruotsissa’,
— ‘Förordning (EG) nr 1897/1999 — Licensen giltig endast i                 This Regulation shall enter into force on the day following its
     Finland och Sverige’.                                                 publication in the Official Journal of the European Communities.
(1) OJ L 117, 24.5.1995, p. 2.                                             (2) OJ L 331, 2.12.1988, p. 1.
 ---pagebreak--- L 233/12  EN                     Official Journal of the European Communities                           3. 9. 1999
         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 2 September 1999.
                                                                        For the Commission
                                                                           Neil KINNOCK
                                                                    Member of the Commission
 ---pagebreak--- 3. 9. 1999          EN                    Official Journal of the European Communities                          L 233/13
                                                               ANNEX I
             Weekly tender for the refund for the export of oats from Finland and Sweden to all third countries
                                                   (Regulation (EC) No 1897/1999)
                                      (Closing date for the submission of tenders (date/time))
                       1                    2                                             3
                     Number              Quantity                             Amount of export refund
                  of tenderer           in tonnes                                 (in EUR 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:
           — fax:               295 25 15,
                                296 49 56.
           — telex:             22037 AGREC B,
                                22070 AGREC B (Greek characters).