CELEX: 31989R3949
Language: en
Date: 1989-12-28 00:00:00
Title: Commission Regulation (EEC) No 3949/89 of 22 December 1989 on a special intervention measure for common wheat in Spain

No L 379/38                             Official Journal of the European Communities                                 28 . 12. 89
                                    COMMISSION REGULATION (EEC) No 3949/89
                                                    of 22 December 1989
                           on a special intervention measure for common wheat in Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        required for acceptance for intervention, as defined in
                                                                   Commission Regulation (EEC) No 1 569/77 (3), as last
                                                                   amended by Regulation (EEC) No 1663/89 (4); whereas
Having regard to the Treaty establishing the European              the competent agency must make certain common wheat
Economic Community,                                                exported is of this 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 3707/89 (2), and in particular Article 8 (3) 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 common wheat in Spain exceeds                October 1975 laying down general rules for granting
that 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 common wheat
to non-member countries ; whereas, in view of world                Whereas, since the interested parties are already aware of
market prices for common wheat, export is possible only            the terms of the invitation, a derogation may be made
with the aid of a 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
common wheat from Member States where the market                   include the obligation to lodge an application for an
situation is different from that in Spain ;                        export licence ; whereas compliance with this obligation
                                                                   may be ensured by requiring tenderers to lodge a
                                                                   tendering security of ECU 12 per tonne when they
Whereas, in the absence of adequate measures, massive              submit their tenders ;
quantities of common wheat may be expected to enter
intervention storage in Spain during the marketing year
in accordance with Article 7 of Regulation (EEC) No                Whereas, in order to ensure equal treatment of all
2727/75, the only possibility of disposal being in any case        concerned, it is necessary to make provision for the
export to non-member countries ; whereas, to avoid the             licences issued to have an identical period of validity ;
abovementioned intervention, a special intervention
measure intended to relieve the Spanish market should be
taken under Article 8 of the said Regulation ; whereas,            Whereas, in order to ensure the smooth operation of the
furthermore, such a measure should take the form of a              export tendering procedure, it is appropriate to prescribe a
direct export incentive, which would avoid the high cost           minimum quantity to be tendered for and a time limit
to the Community budget of buying in and storing                   and form for the communication of tenders submitted to
products which would in any case then have to be                   the competent authorities ;
exported ; whereas the granting of a refund, the amount of
which would be determined by tendering and which
would apply only to products exported from Spain, would            Whereas, the measures provided for in this Regulation are
be an appropriate measure for 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 common wheat of the quality               3 OJ  No  L 174, 14. 7. 1977, p.    15.
                                                                   (4) OJ No  L 163, 14. 6. 1989, p.    13.
                                                                   O - 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 .
(4 OJ No L 363, 13. 12. 1989, p. 1 .                               0 OJ   No  L 257, 10. 9. 1986, p.    32.
 ---pagebreak--- 28. 12. 89                             Official Journal of the European Communities                            No L 379 /39
 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 250 000             determining their period of validity, be deemed to have
tonnes of common wheat 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
                                                                  from their date of issue, as defined in paragraph 1 , until
2. The Spanish intervention agency shall be respon­               the end of the third month following that of the issue.
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 common wheat referred to in Article 1 ( 1 ) for export to          of Regulation (EEC) No 2746/75, or
the countries in zones I to VIII listed in Annex I to            — to make no award.
 Commission Regulation (EEC) No 11 24/77 ('), the
German 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 29 March                rate of refund equal to or less than such maximum export
 1990. 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
tender.                                                           common wheat exported is of at least intervention quality
                                                                  as defined in Article 2 (2) of Regulation (EEC) No
 By way of derogation from Article 1 (2) of Regulation            1 569/77.
(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 4 January 1990.                                         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
                         Article 3
                                                                 Tenders submitted must reach the Commission through
                                                                 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 379/40                           Official Journal of the European Communities                 28 . 12 . 89
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 22 December 1989.
                                                                             For the Commission
                                                                              Ray MAC SHARRY
                                                                         Member of the Commission
                                                              ANNEX
            Weekly tender for the refund for the export of common wheat to countries in zones I to
                             VIII, the German Democratic Republic and the Canary Islands
                                                   (Regulation (EEC) No 3949/89)
                                     (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 .