EN Official Journal of the European Communities 31.7.1999 L 201/46
COMMISSION REGULATION (EC) No 1704/1999
of 30 July 1999
opening a standing invitation to tender for the export of common wheat of breadmaking quality
held by the United Kingdom 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 the market incereals(
1), as last amended by Regulation (EC) No 1253/
1999(2), and in particular Article 5 thereof,
(1)Whereas Commission Regulation (EEC) No 2131/93(3),
as last amended by Regulation (EC) No 39/1999(4), lays
down the procedure and conditions for the disposal ofcereals held by intervention agencies;
(2)Whereas, given the current market situation, a standinginvitation to tender should be opened for the export of42768 t of common wheat of breadmaking qualityheld by the United Kingdom intervention agency;
(3)Whereas special procedures must be laid down to ensurethat the operations and their monitoring are properlyeffected; whereas, to that end, provision should be madefor a security lodgement scheme which ensures thataims are met while avoiding excessive costs for theoperators; whereas derogations should accordingly bemade to certain rules, in particular those laid down inRegulation (EEC) No 2131/93;
(4)Whereas, where removal of the common wheat ofbreadmaking quality is delayed by more than five daysor the release of one of the securities required is delayedfor reasons imputable to the intervention agency theMember State concerned must pay compensation;
(5)Whereas the measures provided for in this Regulationare in accordance with the opinion of the ManagementCommittee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Subject to the provisions of this Regulation the United
Kingdom intervention agency issues a standing invitation totender for the export of common wheat of breadmakingquality held by it in accordance with Regulation (EEC) No
2131/93.
Article 2
1. The invitation to tender shall cover a maximum of
42768 t of common wheat of breadmaking quality for exportto third countries.
2. The regions in which the 42768 t of common wheat of
breadmaking quality 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 Regulation.
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 licence applicationssubmitted pursuant to Article 44 of Commission 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 in respect ofthe first partial invitation to tender shall be 9 a.m. (Brusselstime) on 5 August 1999.
2. The time limit for submission of tenders in respect of
subsequent partial invitations to tender shall be 9 a.m. (Brusselstime) each Thursday thereafter.
3. The last partial invitation to tender shall be 9 a.m. (Brus-
sels time) on 30 September 1999.
4. Tenders shall be lodged with the United Kingdom inter-
vention agency.
(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 160, 26.6.1999, p. 18.
(3) OJ L 191, 31.7.1993, p. 76.
(4) OJ L 5, 9.1.1999, p. 64. (5) OJ L 331, 2.12.1988, p. 1.
EN Official Journal of the European Communities 31.7.1999 L 201/47
Article 6
1. The intervention agency, the storer and the successful
tenderer shall, at the request of the latter and by commonagreement, either before or at the time of removal from storageas the successful tenderer chooses, take reference samples forcounter−analysis at the rate of at least one sample for every500 t and shall analyse the samples. The intervention agencymay be represented by 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 days if thesamples are taken on removal from storage. Where the finalresult of sample analyses indicates a quality:
(a) higher than that specified in the notice of invitation to
tender, the successful tenderer must accept the lot as estab-lished;
(b) higher than the minimum characteristics laid down for
intervention but below the quality described in the noticeof invitation to tender, providing that the differenceshaving regard to those criteria do not exceed the followinglimits:
— two kg per hectolitre as regards specific weight, which
must not, however, be less than 72 kg/hl,
— one percentage point as regards moisture content,— 20 percentage points for the Hagberg falling index,— half a percentage point as regards impurities as speci-
fied in points B.2 and B.4 of the Annex to CommissionRegulation (EEC) No 689/92(
1),
and
— half a percentage point as regards impurities as speci-
fied in point B.5 of the Annex to Regulation (EEC) No689/92, the percentages admissible for noxious grainsand ergot, however, remaining unchanged,
the successful tenderer must accept the lot as established;
(c) higher than the minimum characteristics laid down for
intervention but below the quality described in the noticeof invitation to tender, and a difference exceeding the limitsset out in point (b), the successful tenderer may:
— accept the lot as established, or— refuse to take over the lot in question. The successful
tenderer shall be discharged of all his obligationsrelating to the lot in question and the securities shall bereleased only once he has informed the Commissionand the intervention agency forthwith in accordancewith Annex II; however, if he requests the interventionagency to supply him with another lot of interventioncommon wheat of breadmaking quality of the quality
laid down at no additional charge, the security shall notbe released. The lot must be replaced within three daysof the date of the successful tenderer's request. Thesuccessful tenderer shall notify the Commission imme-diately thereof in accordance with Annex II;
(d) below the minimum characteristics laid down for interven-
tion, the successful tenderer may not remove the lot inquestion. He shall be discharged of all his obligationsrelating to the lot in question and the securities shall bereleased only once he has informed the Commission andthe intervention agency forthwith in accordance withAnnex II; however, he may request the intervention agencyto supply him with another lot of intervention commonwheat of breadmaking quality of the quality laid down atno additional charge. In that case, the security shall not bereleased. The lot must be replaced within three days of thedate of the successful tenderer's request. The successfultenderer shall immediately inform the Commission thereofin accordance with Annex II.
2. However, if the common wheat of breadmaking quality is
removed before the results of the analyses are known, all risksshall be borne by the successful tenderer from the time the lotis removed, without prejudice to any means of redress of whichhe may avail himself against the storer.
3. If, as a result of successive replacements, the successful
tenderer has not received a replacement lot of the quality laiddown within one month of the date of his request for areplacement, he shall be discharged of all his obligations andthe securities shall be released once he has informed theCommission and the intervention agency forthwith in accord-ance with Annex II.
4. Except where the final results of analyses indicate a
quality below the minimum characteristics laid down for inter-vention, the costs of taking the samples and conducting theanalyses provided for in paragraph 1 but not of inter−bintransfers shall be borne by the European Agricultural Guidanceand Guarantee Fund (EAGGF) in respect of up to one analysisper 500 t. The costs of inter−bin transfers and any additionalanalyses requested by the successful tenderer shall be borne byhim.
Article 7
By derogation from Article 12 of Commission Regulation (EEC)
No 3002/92(
2), the documents relating to the sale of wheat of
breadmaking quality in accordance with this Regulation, and inparticular the export licence, the removal order referred to inArticle 3(1)(b) of Regulation (EEC) No 3002/92, the exportdeclaration and, where necessary, the T5 copy shall carry theentry:
(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 31.7.1999 L 201/48
— Trigo blando panificable de intervención sin aplicación de
restitución ni gravamen, Reglamento (CE) no000/1999
— Bageegnet blød hvede fra intervention uden restitutionsy-
delse eller −afgift, forordning (EF) nr. 000/1999
— Interventions−Brotweichweizen ohne Anwendung von
Ausfuhrerstattungen oder Ausfuhrabgaben, Verordnung(EG) Nr. 000/1999
—Μαλακός αρτοποιήσιµος σίτος παρέµβασης χωρίς εφαρµογή
επιστροφής ή φόρου ,κανονισµός (ΕΚ)αριθ. 000/1999
— Intervention common wheat of breadmaking quality
without application of refund or tax, Regulation (EC)No 000/1999
— Blé tendre d'intervention panifiable ne donnant pas lieu à
restitution ni taxe, règlement (CE) n
o000/1999
— Frumento tenero d'intervento panificabile senza applica-
zione di restituzione né di tassa, regolamento (CE)n. 000/1999
— Zachte tarwe van bakkwaliteit uit interventie, zonder
toepassing van restitutie of belasting, Verordening (EG)nr. 000/1999
— Trigo mole panificável de intervenção sem aplicação de
uma restituição ou imposição, Regulamento (CE)n.
o000/1999
— Interventioleipävehnää, johon ei sovelleta vientitukea eikä
vientimaksua, asetus (EY) N:o 000/1999
— Interventionsvete, av brödkvalitet, utan tillämpning av
bidrag eller avgift, förordning (EG) nr 000/1999.
Article 8
1. The security lodgement pursuant to Article 13(4) of
Regulation (EEC) No 2131/93 must be released once the exportlicences have been issued to the successful tenderers.
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 intervention priceapplying on the day of the award and the price awarded but
not less than EUR 10/t. Half of the security shall be lodgedwhen the licence is issued and the balance shall be lodgedbefore the cereals are removed.
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 the date onwhich the successful tenderer provides proof that thecereals removed have left the customs territory of theCommunity,
— the remainder must be released within 15 working days of
the date on which the successful tenderer provides theproof referred to in Article 17(3) of Regulation (EEC) No2131/93.
3. Except in duly substantiated exceptional cases, in partic-
ular the opening of an administrative enquiry, any release ofthe securities provided for in this Article after the time limitsspecified in this same Article shall confer an entitlement tocompensation from the Member State amounting toEUR 0,015/10 t for each day's delay.
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 United Kingdom interventionagency shall notify the Commission of tenders received. Suchnotification shall be made using the model set out in Annex IIIand the telex or fax numbers set out in Annex IV.
Article 10
This Regulation shall enter into force on the day of its publica-
tion in theOfficial Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 July 1999.
For the Commission
Franz FISCHLER
Member of the Commission
EN Official Journal of the European Communities 31.7.1999 L 201/49
(tonnes)
Place of storage QuantityANNEX I
Lincolnshire 25346
Northamptonshire 15355
West Sussex 2067
ANNEX II
Communication of refusal of lots under the standing invitation to tender for the export of common wheat of
breadmaking quality held by the intervention agency
(Article 6(1) of Regulation (EC) No 1704/1999)
— Name of successful tenderer:
— Date of award contract:
— Date 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 o f
unimpaired quality
— Other
EN Official Journal of the European Communities 31.7.1999 L 201/50
ANNEX III
Standing invitation to tender for the export of common wheat of breadmaking quality held by the United
Kingdom intervention agency
(Regulation (EC) No 1704/1999)
1 2 3 4 5 6 7
Tender NoConsignement
NoQuantity
(tonnes)Offer price
(EUR/t)Price increases
(+)
reductions
(–)
(EUR/t)
(p.m.)Commercial
costes
(EUR/t)Destination
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: 2964956
2952515,
— telex: 22037AGREC B
22070 AGREC B (Greek characters).