EN Official Journal of the European Communities 14. 10. 98 L 277/9
COMMISSION REGULATION (EC) No 2198/98
of 13 October 1998
opening a standing invitation to tender for the export of barley held by the
German intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of themarket in cereals (
1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article 5
thereof,
Whereas Commission Regulation (EEC) No 2131/93 (3),
as last amended by Regulation (EC) No 2193/96 (4), lays
down the procedure and conditions for the disposal ofcereals held by intervention agencies;
Whereas, given the current market situation, a standing
invitation to tender should be opened for the export of249 775 tonnes of barley held by the German interven-tion agency;
Whereas special procedures must be laid down to ensure
that the operations and their monitoring are properlyeffected; whereas, to that end, provision should be madefor a security lodgement scheme which ensures that aimsare met while avoiding excessive costs for the operators;whereas derogations should accordingly be made tocertain rules, in particular those laid down in Regulation(EEC) No 2131/93;
Whereas, where removal of the barley is delayed by more
than five days or the release of one of the securitiesrequired is delayed for reasons imputable to the interven-tion agency the Member State concerned must paycompensation;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the ManagementCommittee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Subject to the provisions of this Regulation the German
intervention agency issues a standing invitation to tenderfor the export of barley held by it in accordance withRegulation (EEC) No 2131/93.Article 2
1. The invitation to tender shall cover a maximum of
249 775 tonnes of barley for export to third countries,with the exception of the United States, Canada andMexico.
2. The regions in which the 249 775 tonnes of barley
are stored are set out in Annex I.
Article 3
1. Notwithstanding the third paragraph of Article 16 of
Regulation (EEC) No 2131/93, the price to be paid for theexport shall be that quoted in the tender.
2. No export refund or tax or monthly increase shall be
granted on exports carried out pursuant to this Regula-tion.
3. Article 8(2) of Regulation (EEC) No 2131/93 shall
not apply.
Article 4
1. The export licences shall be valid from their date of
issue within the meaning of Article 9 of Regulation (EEC)No 2131/93 until the end of the fourth month thereafter.
2. Tenders submitted in response to this invitation to
tender may not be accompanied by export licenceapplications submitted pursuant to Article 44 of Commis-sion Regulation (EEC) No 3719/88 (
5).
Article 5
1. Notwithstanding Article 7(1) of Regulation (EEC) No
2131/93, the time limit for submission of tenders inrespect of the first partial invitation to tender shall be 9a.m. (Brussels time) on 15 October 1998.
2. The time limit for submission of tenders in respect
of subsequent partial invitations to tender shall be 9 a.m.(Brussels time) each Thursday thereafter.
3. The last partial invitation to tender shall be 9 a.m.
(Brussels time) on 27 May 1999.
4. Tenders shall be lodged with the German interven-
tion agency.
(1) OJ L 181, 1. 7. 1992, p. 21.
(2) OJ L 126, 24. 5. 1996, p. 37.
(3) OJ L 191, 31. 7. 1993, p. 76.
(4) OJ L 293, 16. 11. 1996, p. 1. (5) OJ L 331, 2. 12. 1988, p. 1.
EN Official Journal of the European Communities 14. 10. 98 L 277/10
Article 6
1. The intervention agency, the storer and the
successful tenderer shall, at the request of the latter andby common agreement, either before or at the time ofremoval from storage as the successful tenderer chooses,take reference samples for counter-analysis at the rate ofat least one sample for every 500 tonnes and shall analysethe samples. The intervention agency may be representedby a proxy, provided this is not the storer.
The analysis results shall be forwarded to the Commission
in the event of a dispute.
Reference samples for counter-analysis shall be taken and
analysed within seven working days of the date of thesuccessful tenderer’s request or within three working daysif the samples are taken on removal from storage. Wherethe final result of sample analyses indicates a quality:
(a) higher than that specified in the notice of invitation
to tender, the successful tenderer must accept the lotas established;
(b) higher than the minimum characteristics laid down
for intervention but below the quality described in thenotice of invitation to tender, providing that thedifferences having regard to those criteria do notexceed the following limits:
— two kilograms per hectolitre as regards specific
weight, which must not, however, be less than 60kg/hl,
— one percentage point as regards moisture content,— half a percentage point as regards impurities as
specified in points B.2 and B.4 of the Annex toCommission Regulation (EEC) No 689/92 (
1), and
— half a percentage point as regards impurities as
specified in point B.5 of the Annex to Regulation(EEC) No 689/92, the percentages admissible fornoxious grains and ergot, however, remainingunchanged,
the successful tenderer must accept the lot as estab-
lished;
(c) higher than the minimum characteristics laid down
for intervention but below the quality described in thenotice of invitation to tender, and a differenceexceeding the limits set out in point (b), the successfultenderer may:
— accept the lot as established, or
— refuse to take over the lot in question. The
successful tenderer shall be discharged of all hisobligations relating to the lot in question and thesecurities shall be released only once he hasinformed the Commission and the interventionagency forthwith in accordance with Annex II;however, if he requests the intervention agency tosupply him with another lot of intervention barleyof the quality laid down at no additional charge,the security shall not be released. The lot must be
replaced within three days of the date of thesuccessful tenderer’s request. The successfultenderer shall notify the Commission immediatelythereof in accordance with Annex II;
(d) below the minimum characteristics laid down for
intervention, the successful tenderer may not removethe lot in question. He shall be discharged of all hisobligations relating to the lot in question and thesecurities shall be released only once he has informedthe Commission and the intervention agency forth-with in accordance with Annex II; however, he mayrequest the intervention agency to supply him withanother lot of intervention barley of the quality laiddown at no additional charge. In that case, the securityshall not be released. The lot must be replaced withinthree days of the date of the successful tenderer’srequest. The successful tenderer shall immediatelyinform the Commission thereof in accordance withAnnex II.
2. However, if the barley is removed before the results
of the analyses are known, all risks shall be borne by thesuccessful tenderer from the time the lot is removed,without prejudice to any means of redress of which hemay avail himself against the storer.
3. If, as a result of successive replacements, the
successful tenderer has not received a replacement lot ofthe quality laid down within one month of the date of hisrequest for a replacement, he shall be discharged of all hisobligations and the securities shall be released once hehas informed the Commission and the interventionagency forthwith in accordance with Annex II.
4. Except where the final results of analyses indicate a
quality below the minimum characteristics laid down forintervention, the costs of taking the samples andconducting the analyses provided for in paragraph 1 butnot of inter-bin transfers shall be borne by the EuropeanAgricultural Guidance and Guarantee Fund (EAGGF) inrespect of up to one analysis per 500 tonnes. The costs ofinter-bin transfers and any additional analyses requestedby the successful tenderer shall be borne by him.
Article 7
By derogation from Article 12 of Commission Regulation
(EEC) No 3002/92 (
2), the documents relating to the sale
of barley in accordance with this Regulation, and inparticular the export licence, the removal order referred toin Article 3(1)(b) of Regulation (EEC) No 3002/92, theexport declaration and, where necessary, the T5 copy shallcarry the entry:
(1) OJ L 74, 20. 3. 1992, p. 18. (2) OJ L 301, 17. 10. 1992, p. 17.
EN Official Journal of the European Communities 14. 10. 98 L 277/11
— Cebada de intervención sin aplicación de restitución
ni gravamen, Reglamento (CE) no2198/98
— Byg fra intervention uden restitutionsydelse eller
-afgift, forordning (EF) nr. 2198/98
— Interventionsgerste ohne Anwendung von Ausfuhrer-
stattungen oder Ausfuhrabgaben, Verordnung (EG)Nr. 2198/98
—Jqih paqlbasgr wyqr evaqloc epistqovr 
vqou ,jamomislr (EJ)aqih. 2198/98
— Intervention barley without application of refund or
tax, Regulation (EC) No 2198/98
— Orge d’intervention ne donnant pas lieu à restitution
ni taxe, règlement (CE) n
o2198/98
— Orzo d’intervento senza applicazione di restituzione
né di tassa, regolamento (CE) n. 2198/98
— Gerst uit interventie, zonder toepassing van restitutie
of belasting, Verordening (EG) nr. 2198/98
— Cevada de intervenção sem aplicação de uma resti-
tuição ou imposição, Regulamento (CE) nº 2198/98
— Interventio-ohraa, johon ei sovelleta vientitukea eikä
vientimaksua, asetus (EY) N:o 2198/98
— Interventionskorn, utan tillämpning av bidrag eller
avgift, förordning (EG) nr 2198/98.
Article 8
1. The security lodgement pursuant to Article 13(4) of
Regulation (EEC) No 2131/93 must be released once theexport licences have been issued to the successfultenderers.
2. Notwithstanding Article 17 of Regulation (EEC) No
2131/93, the obligation to export shall be covered by asecurity equal to the difference between the interventionprice applying on the day of the award and the priceawarded but not less than ECU 10 per tonne. Half of thesecurity shall be lodged when the licence is issued andthe balance shall be lodged before the cereals areremoved.Notwithstanding Article 15(2) of Regulation (EEC) No
3002/92:
— the part of the security lodged when the licence is
issued must be released within 20 working days of thedate on which the successful tenderer provides proofthat the cereals removed have left the customs ter-ritory of the Community.
Notwithstanding Article 17(3) of Regulation (EEC) No
2131/93:
— the remainder must be released within 15 working
days of the date on which the successful tendererprovides the proof referred to in Article 18 of Regula-tion (EEC) No 3665/87.
3. Except in duly substantiated exceptional cases, in
particular the opening of an administrative enquiry, anyrelease of the securities provided for in this Article afterthe time limits specified in this same Article shall conferan entitlement to compensation from the Member Stateamounting to ECU 0,015 per 10 tonnes for each day’sdelay.
This compensation shall not be charged to the EAGGF.
Article 9
Within two hours of the expiry of the time limit for the
submission of tenders, the German intervention agencyshall notify the Commission of tenders received. Suchnotification shall be made using the model set out inAnnex III and the telex or fax numbers set out in AnnexIV.
Article 10
This Regulation shall enter into force on the day of its
publication in the Official Journal of the European
Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 13 October 1998.
For the Commission
Franz FISCHLER
Member of the Commission
EN Official Journal of the European Communities 14. 10. 98 L 277/12
(tonnes)
Place of storage QuantityANNEX I
Schleswig-Holstein/Hamburg/
Niedersachsen/Bremen/Nordrhein-Westfalen 172 597
Hessen/Rheinland-Pfalz/Baden-Württemberg/Saarland/Bayern 12 167
Berlin/Brandenburg/Mecklenburg-Vorpommern 28 582
Sachsen/Sachsen-Anhalt/Thüringen 36 429
ANNEX II
Communication of refusal of lots under the standing invitation to tender for the export of
barley held by the German intervention agency
(Article 6(1) of Regulation (EC) No 2198/98)
¾Name of successful tenderer:
¾Date of award of contract:
¾Date of refusal of lot by successful tenderer:
Lot
NoQuantity
in tonnesAddress
of siloReason for refusal to take over
— Specific weight (kg/hl)
— % sprouted grains
— % miscellaneous impurities (Schwarzbesatz)
— % of matter which is not basic cereal of unim-
paired quality
— Other
EN Official Journal of the European Communities 14. 10. 98 L 277/13
1 2 3 4 5 6 7
Tender NoConsignment
NoQuantity
(tonnes)Offer price
(ECU/tonne)
(1)Price increases
(+) or
reductions
(–)
(ECU/tonne)
p.m.Commercial
costs
(ECU/tonne)DestinationANNEX III
Standing invitation to tender for the export of barley held by the German intervention
agency
(Regulation (EC) No 2198/98)
1
2
3
etc.
(1) This price includes the increases or reductions relating to the lot to which the tender refers.
ANNEX IV
The only numbers to use to call Brussels are (DG VI-C-1)
— fax 296 49 56,
295 25 15;
— telex 22037 AGREC B,
22070 AGREC B (Greek characters).