6.9.2002 Official Journal of the European Communities L 239/3 COMMISSION REGULATION (EC) No 1582/2002 of 5 September 2002 on a special intervention measure for cereals in Finland and Sweden THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals (1), as last amended by Regulation (EC) No 1666/ 2000 (3, and in particular Article 6 thereof, Whereas: 1 Oats are one of the products covered by the common organisation of the market in cereals. It is not, however, included among the basic cereals referred to in Article 4 of Regulation (EEC) No 1766/92 for which provision is made for intervention buying in. Oats is a major traditional crop in Finland and Sweden and is well suited to the weather conditions obtaining in those countries. Production far exceeds requirements in those countries with the result that they are required to dispose of surpluses by exporting them to third coun- tries. Membership of the Community has not altered the previously existing situation. Any reduction in the quantity of oats grown in Finland and Sweden would be beneficial to other cereals quali- fying for the intervention arrangements, especially barley. Production of barley is in surplus both in the two Nordic countries and across the whole of the Commu- nity. A switch from oats to barley would only worsen the situation and create further surpluses. It is necessary therefore to ensure that exports of oats to third countries can continue. Refunds may be granted in respect of oats pursuant to Article 13 of Regulation (EEC) No 1766/92. The geogra- phical situation of Finland and Sweden places them in a less favourable position from the point of view of exporting than other Member States. The fixing of refunds on the basis of Article 13 favours primarily those other Member States. It is anticipated therefore that the production of oats in the two Nordic countries will give way increasingly to that of barley. Conse- quently, in coming years, substantial quantities of barley must be expected to enter intervention storage in Finland and Sweden pursuant to Article 4 of Regulation (EEC) No 1766/92, the only possibility of disposal being export to third countries. Exports from intervention storage are more costly to the Community budget than direct exports. () OJL 181, 1.7.1992, p. 21. () OJ L 193, 29.7.2000, p. 1. () (10) (11) () O 0) ] ] J These additional costs can be avoided under a special intervention measure within the meaning of Article 6 of that Regulation. This intervention measure may be taken in the form of a measure intended to relieve the market in oats in Finland and Sweden. The grant of a refund by a tendering procedure which would apply only to oats produced and exported from those two countries would be the most appropriate measure in the circumstances. This approach was followed in the 2001/2002 marketing year pursuant to Commission Regulation (EC) No 1789/2001 (). The nature and objectives of the said measure 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 Commis- sion Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (*), as last amended by Regulation (EC) No 1163/2002 (°). Regulation (EC) No 1501/95 requires tenderers to apply for an export licence among their other undertakings. Compliance with this obligation may be ensured by requiring tenderers to lodge a security of EUR 12 per tonne when they submit their tenders. The cereals in question should actually be exported from the Member States for which a special intervention measure was implemented. It is necessary therefore to limit the use of export licences to exports from the Member State in which application for the licence was made and to oats produced in Finland and Sweden. In order to ensure equal treatment for all concerned, it is necessary to make provision that the licences issued have an identical period of validity. In order to ensure the smooth operation of the export tendering procedure, it is necessary to prescribe a minimum quantity and a time limit and form for the submission of tenders to the competent agencies. The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, () OJ L 243, 13.9.2001, p. 15. L 147, 30.6.1995, p. 7. L 170, 29.6.2002, p. 46.