CELEX: 31987R1401
Language: en
Date: 1987-05-22 00:00:00
Title: Commission Regulation (EEC) No 1401/87 of 21 May 1987 on a special intervention measure for barley in Spain

No L 133/34                             Official Journal of the European Communities                                 22. 5 . 87
                                    COMMISSION REGULATION (EEC) No 1401 /87
                                                        of 21 May 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 714/87 (4) ; whereas the competent
Having regard to the Treaty establishing the European              agency must make certain barley exported is of this stan­
Economic Community,                                                dard ;
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 1579/86 (2), and in particular Article 8 (4) thereof,           mutandis Article 16 of Regulation (EEC) No 2727US 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 coun­          October 1975 laying down general rules for granting
try'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 tende­
the Community market is slight ;
                                                                  ring for export refunds on cereals (% as last amended by
                                                                  Regulation (EEC) No 2944/78 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, hovewer, 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 campliance with this obligation
                                                                  may be ensured by requiring tenderers to lodge a tende­
                                                                   ring security of 12 ECU per tonne when they submit
Whereas, in the absence of adequate measures, massive              their tenders ;
quantities of barley may be excepted 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.
                                                                   (<) OJ No L 42, 12. 2. 1987, p. 24.
                                                                   (*) OJ No L 281 , 1 . 11 . 1975, p. 78 .
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .                            (j OJ No L 31 , 5. 2. 1975, p. 8.
(2 OJ No L 139, 24. 5. 1986, p. 29.                                O OJ No L 351 , 15. 12. 1978, p. 16.
 ---pagebreak--- 22. 5. 87                             Official Journal of the European Communities                            No L 133/35
 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 391 3/86 (3), export
 1 . A special intervention measure in the form of an           licences issued in accordance with Article 8 ( 1 ) of Regula­
export refund shall be applied in respct of 500 000 tonnes      tion (EEC) No 279/75 shall, for the purpose of determi­
of barley exported form Spain.                                  ning their period of validity, be deemed to have been
Article 16 of Regulation (EEC) No 2727/75 and the provi­        issued on the day on which the tender was submitted.
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
                                                                30 June 1987 inclusive.
sible for implementing the measure referred to in para­
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 zone I to VIII listed in Annex I to Commis­        — to make no award .
sion Regulation (EEC) No 1 1 24/77 ('), the Germany
Democratic Republic 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 25 June               rate of refund equal to or less than such maximum export
1987. 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 a least intervention quality as defined in
                                                                Article 2 (2) of Regulation (EEC) No 1569/77.
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 27 May 1987.                                          hold at the Commission's disposal an additional sample
                                                                form 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 accor­
dance with this Regulation and Regulation (EEC) No                                        Article 7
279/75.
                                                                Tenders submitted must reach the Commission through
                                                                the intervention of the Spanish intervention agency at the
                         Article 3
                                                                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 corres­
    — the undertaking provided for in Article 2 (3) (b) of      pond to Belgian time.
        Regulation (EEC) No 279/75 that the export
        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 273/75 shall be 12 ECU per tonne.
                                                                o OJ No L 338 , 13 . 12. 1980, p . 1 .
(') OJ No L 134, 28 . 5. 1977, p. 53.                           O OJ No L 364, 23. 12. 1986, p. 31 .
 ---pagebreak--- No L 133/36                      Official Journal of the European Communities                          22. 5. 87
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 21 May 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 .