CELEX: 31994R1082
Language: en
Date: 1994-05-11 00:00:00
Title: Commission Regulation (EC) No 1082/94 of 10 May 1994 on a special intervention measure for barley in Spain

No L 120 /24                              Official Journal of the European Communities                                  11 . 5. 94
                                         COMMISSION REGULATION (EC) No 1082/94
                                                          of 10 May 1994
                                   on a special intervention measure for barley in Spain
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          agency must make certain barley exported is of this stan­
                                                                      dard ;
 Having regard to the Treaty establishing the European
 Community,                                                           Whereas the nature and objectives of the said measures
                                                                      make it appropriate to apply in respect of it mutatis
 Having regard to Council Regulation (EEC) No 1766/92                  mutandis Article 13 of Regulation (EEC) No 1766/92 and
 of 30 June 1992 on the common organization of the                    the Regulations adopted for the application thereof, in
 market in cereals ('), as amended by Commission Regula­              particular Commission Regulation (EEC) No 1533/93 of
 tion (EEC) No 2193/93 (2), and in particular Article 6 (2)           22 June 1993 laying down certain detailed rules under
 thereof,                                                             Council Regulation (EEC) No 1766/92 on the granting of
                                                                      export refunds on cereals and the measures to be taken in
 Whereas production of barley in Spain exceeds that coun­             the event of disturbance on the market for cereals (*), as
 try's requirements ;                                                 amended by Regulation (EC) No 1 20/94 (6) ;
 Whereas the possibility of that surplus being absorbed by            Whereas, since the interested parties are already aware of
 the Community market is slight ;                                     the terms of the invitation, a derogation may be made
                                                                      from the provisions of Regulation (EEC) No 1533/93 on
 Whereas the Spanish market can be relieved by the                    the period that must elapse between the date of publica­
 export of part of this surplus quantity of barley to non­            tion and the first closing date for the submission of
 member countries ; whereas, in view of world market                  tenders ;
 prices for barley, export is possible only with the aid of a
 refund ;                                                             Whereas compliance with this obligation may be ensured
                                                                      by requiring tenderers to lodge a tendering security of
Whereas, however, the refund arrangements laid down in                ECU 1 2 per tonne when they submit their tenders ;
Article 13 of Regulation (EEC) No 1766/92 apply to
 export from any Member State ; whereas such arrange­                Whereas the cereals in question should be actually
 ments, therefore, are not only unsuitable for solving the            exported from the Member State for which a particular
 problem in question but may also favour the export of                intervention measure was implemented ; whereas it is,
 barley from Member States where the market situation is              therefore, necessary to restrict the use of export licences
 different from that in Spain ;                                       to exports from the Member State in which the licence
                                                                     was applied for ;
Whereas, in the absence of adequate measures, massive
quantities of barley may be exptected to enter interven­              Whereas, in order to ensure equal treatment of all
tion storage in Spain during the marketing year in                    concerned, it is necessary to make provision for the
accordance with Article 4 of Regulation (EEC) No                      licences issued to have an identical period of validity ;
 1766/92, the only possibility of disposal being in any case
export to non-member countries ; whereas, to avoid the               Whereas, in order to ensure the smooth operation of the
abovementioned intervention, a special intervention                   export tendering procedure, it is appropriate to prescribe a
measure intended to relieve the Spanish market should be              minimum quantity to be tendered for and a time limit
taken pursuant to Article 6 of the said Regulation ;                  and form for the communication of tenders submitted to
whereas, furthermore, such a measure should take the                  the competent authorities ;
form of a direct export incentive, which would avoid the
high cost to the Community budget of buying in and                   Whereas the measures provided for in this Regulation are
storing products which would in any case then have to be             in accordance with the opinion of the Management
exported ; whereas the granting of a refund, the amount of           Committee for Cereals,
which would be determined by tendering and which
would apply only to products exported from Spain, would
be an appropriate measure for this purpose ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas the purpose of the measure is such that refunds
should be granted only on barley of the quality required
                                                                                                Article 1
for acceptance for intervention, as defined in Commission
Regulation (EEC) No 689/92 (3), as last amended by Regu­
lation (EC) No 3134/93 (4); whereas the competent                     1 . A special intervention measure in the form of an
                                                                     export refund shall be applied in respect of 300 000
                                                                     tonnes of barley produced in Spain.
(') OJ  No  L 181 , 1 . 7. 1992, p. 21 .
 2  OJ  No  L 196, 5. 8. 1993, p. 22.
 3) OJ  No  L 74, 20. 3. 1992, p. 18 .                               0 OJ No L 151 , 23. 6. 1993, p. 15.
0   OJ  No  L 280, 13. 11 . 1993, p. 15.                             (6) OJ No L 21 , 26. 1 . 1994, p. 1 .
 ---pagebreak---   11 . 5. 94                               Official Journal of the European Communities                           No L 120/25
 Article 13 of Regulation (EEC) No 1766/92 and the provi­            2. Export licences issued in connection with the invita­
  sions adopted for the application of that Article shall            tion to tender pursuant to this Regulation shall be valid
  apply mutatis mutandis to the said refund.                         from their date of issue, as defined in paragraph 1 , until
                                                                     the end of the fourth month following that of the issue.
 2. The Spanish intervention agency shall be respon­
 sible for implementing the measure referred to in para­             3 . Notwithstanding Article 1 1 of Regulation (EEC) No
 graph 1 .                                                           3719/88 , export licences under this tendering procedure
                                                                     shall be valid in Spain only.
                            Article 2
                                                                                               Article 7
  1.    Tenders shall be invited in order to determine the
 amount of the refund referred to in Article 1 .                     1 . The Commission shall decide, under the procedure
                                                                     laid down in Article 23 of Regulation (EEC) No 1766/92,
                                                                     either :
 2. The invitation to tender shall relate to the quantity
 of barley referred to in Article 1 ( 1 ) for export to all third    — to fix a maximum export refund, taking account in
 countries.                                                               particular of the criteria laid down in Article 2 of
                                                                         Regulation (EEC) No 1533/93, or
 3.     The invitation shall remain open until 18 May 1995.          — to make no award.
 During the period of its validity weekly awards shall be
 made, for which the time limits for the submission of
                                                                     2. Where a maximum export refund is fixed, a contract
 tenders shall be as prescribed in the notice of invitation to       shall be awarded to any tenderer whose tender indicates a
 tender.
                                                                     rate of refund equal to or less than such maximum export
                                                                     refund .
 4. Tenders must be submitted to the Spanish interven­
 tion agency named in the notice of invitation.                      3 . A refund awarded shall not be paid unless the barley
                                                                     exported is of at least intervention quality in Spain as
 5. The tendering procedure shall take place in                      defined in Article 2 (2) of Regulation (EEC) No 689/92.
accordance with this Regulation and Regulation (EEC) No
 1533/93 .                                                           The competent agency shall have an analysis made, by an
                                                                     approved body or company, of the landed goods and shall
                                                                     hold at the Commission's disposal an additional sample
                           Article 3                                 from each consignment taken and sealed in the presence
                                                                     of the tenderer or his representative.
A tender shall be valid only if it relates to not less than
 1 000 tonnes.                                                       Sampling and analysis costs shall be met by the tenderer.
                                                                     4. Where the quality does not correspond to that
                           Article 4                                 defined in paragraph 3, the refund shall be reduced by
                                                                     ECU 15 per tonne.
Under the tendering procedure referred to in Article 2,
box 20 of applications and the export licences shall indi­                                     Article 8
cate the fcllowing :
      'Reglamento (CE) n° 1082/94 certificado valido exclu­          Tenders submitted must reach the Commission through
      sivamente en España.'                                          the intervention of the Spanish intervention agency at the
                                                                     latest one and a half hours after expiry of the period for
                                                                     the weekly submission of tenders as specified in the
                           Article 5                                 notice of invitation to tender. They must be communi­
                                                                     cated in the form indicated in Annex I, to the telex or
The security referred to in Article 6 of Regulation (EEC)            telefax numbers in Annex II.
No 1533/93 shall be ECU 12 per tonne.
                                                                     If no tenders are received, the Spanish intervention
                                                                     agency shall inform the Commission of this within the
                           Article 6                                 period indicated in the first paragraph.
                                                                     The times fixed for the submission of tenders shall
1 . By way of derogation from Article 21 ( 1 ) of
Commission Regulation (EEC) No 3719/88 ('), export                   correspond to Belgian time.
licences issued in accordance with Article 9 ( 1 ) of Regula­
tion (EEC) No 1533/93 shall, for the purpose of determi­                                       Article 9
ning their period of validity, be deemed to have been
issued on the day on which the tender was submitted.                 This Regulation shall enter into force on the day of its
                                                                     publication in the Official Journal of the European
(') OJ No L 331 , 2. 12. 1988 , p. 1 .                               Communities.
 ---pagebreak--- No L 120/26                        Official Journal of the European Communities                               11 . 5. 94
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 10 May 1994.
                                                                             For the Commission
                                                                               Rene STEICHEN
                                                                        Member of the Commission
                                                          ANNEX I
             Weekly tender for the refund for the export of Spanish barley to all third countries
                                                (Regulation (EC) No 1082/94)
                                (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 .
                                                         ANNEX II
            The only numbers to use to call Brussels (DG VI-C-1 (Attention : Messrs Thibault and Brus)) are :
            — telex :           22037 AGREC B
                                22070 AGREC B (Greek characters)
            — telefax :         — 295 01 32, 296 10 97, 236 25 15.