31992R1356
27 . 5. 92 No L 145/58 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 1356/92 of 26 May 1992 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 689/92 (3) ; however, it is necessary to foresee an exception concerning the specific weight, Having regard to the Treaty establishing the European having regard to the meteorological circumstances in Economic Community, 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 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 674/92 (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 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 amount of such refunds (4), and Commission Regulation Whereas the possibility of that surplus being absorbed by (EEC) No 279/75 of 4 February 1975 laying down the Community market is slight ; detailed rules for the application on the system of tendering for export refunds on cereals (*), as last amended Whereas the Spanish market can be relieved by the by Regulation (EEC) No 2788/86 (6) ; 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 the period that must elapse between the date of publica Whereas, however, the refund arrangements laid down in tion and the first closing date for the submission of Article 16 of Regulation (EEC) No 2727/75 apply to 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 may be ensured by requiring tenderers to lodge a Whereas, in the absence of adequate measures, massive tendering security of ECU 12 per tonne when they quantities of barley may be expected to enter intervention submit their tenders ; storage in Spain during the marketing year in accordance with Article 7 of Regulation (EEC) No 2727/75, the only possibility of disposal being in any case export to non Whereas, in order to ensure equal treatment of all member countries ; whereas, to avoid the abovementioned concerned, it is necessary to make provision for the intervention, a special intervention measure intended to licences issued to have an identical period of validity ; relieve the Spanish market should be taken under Article 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 (3) OJ No L 74, 20. 3 . 1992, p. 18 . (4) OJ No L 281 , 1 . 11 . 1975, p. 78 . (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (0 OJ No L 31 , 5. 2. 1975, p. 8. 2) OJ No L 73, 19. 3 . 1992, p. 7. («) OJ No L 257, 10. 9. 1986, p. 32.
27. 5. 92 Official Journal of the European Communities No L 145/59
HAS ADOPTED THIS REGULATION : Regulation (EEC) No 279/75 shall, for the purpose of determining their period of validity, be deemed to have Article 1 been issued on the day on which the tender was submitted . 1 . A special intervention measure in the form of an export refund shall be applied in respect of 400 000 2. Export licences issued in connection with the invita tonnes of barley produced in Spain . tion to tender pursuant to this Regulation shall be valid Article 16 of Regulation (EEC) No 2727/75 and the provi from their date of issue, as defined in paragraph 1 , until sions adopted for the application of that Article shall the end of the fourth month following that of the issue. apply mutatis mutandis to the said refund. 2. The Spanish intervention agency shall be respon Article 6 sible for implementing the measure referred to in para graph 1 . 1 . The Commission shall decide, under the procedure laid down in Article 26 of Regulation (EEC) No 2727/75, Article 2 either :
1 . Tenders shall be invited in order to determine the — to fix a maximum export refund, taking account in amount of the refund referred to in Article 1 . particular of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2746/75, or 2. The invitation to tender shall relate to the quantity — to make no award . of barley referred to in Article 1 ( 1 ) for export to the countries in zones I to VIII listed in Annex I to Commis 2. Where a maximum export refund is fixed, a contract sion Regulation (EEC) No 11 24/77 ('). shall be awarded to any tenderer whose tender indicates a 3. The invitation shall remain open until 17 December rate of refund equal to or less than such maximum export 1992. 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 at least intervention quality in Spain as defined in Article 2 (2) of Regulation (EEC) No 689/92. 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 4 June 1991 . 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. 4. Where the quality does not correspond to that defined in paragraph 3, the refund shall be reduced by Article 3 ECU 15 per tonne . A tender shall be valid only if : — it relates to not less than 1 000 tonnes, Article 7 — it is accompanied by : Tenders submitted must reach the Commission through — advance fixing of the Spanish monetary compen the intervention of the Spanish intervention agency at the satory amount valid on each closing date for the latest one and a half hours after expiry of the period for submission of tenders, the weekly submission of tenders as specified in the — the undertaking provided for in Article 2 (3) (b) of notice of invitation to tender. They must be communi Regulation (EEC) No 279/75 that the export cated in the form indicated in Annex I, to the telephone, licence will be applied for in Spain. telex or telefax numbers in Annex II.
Article 4 If no tenders are received, the Spanish intervention agency shall inform the Commission of this within the The security referred to in Article 3 of Regulation (EEC) period indicated in the first paragraph . No 279/75 shall be ECU 12 per tonne. The times fixed for the submission of tenders shall corre Article 5 spond to Belgian time. 1 . By way of derogation from Article 21 (1 ) of Commission Regulation (EEC) No 3719/88 (2), export Article 8 licences issued in accordance with Article 8 (1 ) of This Regulation shall enter into force on the day of its (') OJ No L 134, 28. 5. 1977, p. 53. publication in the Official Journal of the European (2) OJ No L 331 , 2. 12. 1988, p. 1 . Communities.
27. 5. 92 No L 145/60 Official Journal of the European Communities
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 May 1992.
For the Commission Ray MAC SHARRY Member of the Commission
27. 5. 92 Official Journal of the European Communities No L 145/61
ANNEX I
Weekly tender for the refund for the export of Spanish barley to countries in zones I to VIII
(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 : — 235 01 32, — 236 10 97, — 236 20 05, — 236 20 08 .