EN Official Journal of the European Communities 5. 5. 1999 L 117/7
COMMISSION REGULATION (EC) No 935/1999
of 4 May 1999
on the sale of 40 000 tonnes of barley held by the Spanish intervention agency for
processing in Portugal
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,
(1) Whereas Portugal is experiencing particular diffi-culties with respect to supplies of feed grainfollowing an extremely poor barley harvest in 1998as a result of adverse weather conditions;
(2) Whereas supplies are available in Spain in the formof intervention barley; whereas this barley does notfind its way to Portugal in view of the longdistances and high transport costs involved;
(3) Whereas, taking into account the supplies of feedgrain available in Spain and their remoteness fromareas of consumption and export ports, the quant-ities of grain in question would be extremely diffi-cult to dispose of under the normal conditions ofresale of intervention stocks laid down in Commis-sion Regulation (EEC) No 2131/93 of 28 July 1993laying down the procedure and conditions for thesale of cereals held by intervention agencies (
3), as
last amended by Regulation (EC) No 39/1999 (4);
whereas Article 5(4) of that Regulation expresslyprovides for a derogation from the normal condi-tions of resale of intervention stocks under certaincircumstances; whereas these circumstancescurrently exist; whereas a standing invitation totender should therefore be opened for 40 000tonnes of barley held in the region of Palencia andBurgos for compulsory consumption in Portugal;whereas this invitation to tender should be subjectto special price conditions;
(4) Whereas, as regards proof of processing in Portugal,Commission Regulation (EEC) No 3002/92 of 16October 1992 laying down common detailed rulesfor verifying the use and/or destination of productsfrom intervention (
5), as last amended by Regula-
tion (EC) No 770/96 (6), is applicable;
(5) Whereas the Management Committee for Cerealshas not delivered an opinion within the time limitset by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. The Portuguese intervention agency, hereinafter
referred to as INGA, shall organise a standing invitationto tender under the conditions laid down in Regulation(EEC) No 2131/93 for the resale of 40 000 tonnes ofbarley held in the region of Palencia and Burgos by theSpanish intervention agency, hereinafter referred to asFEGA, for disposal in Portugal.
2. Without prejudice to Regulation (EEC) No 2131/93,
the following special rules shall apply to this invitation totender:
¾for the first invitation to tender, tenderers may not
submit tenders for more than 1 500 tonnes,
¾tenders shall be drawn up with reference to the actual
quality of the lot to which they relate,
¾tenderers shall undertake to process the quantities of
barley awarded to them in Portugal,
¾processing shall be carried out by 30 September 1999
at the latest, except in cases of force majeure ,
¾a security of a EUR 20 per tonne shall be lodged with
the Portuguese intervention agency by successfultenderers to ensure compliance with the conditionslaid down in the third and fourth indents. Thissecurity shall be lodged at the latest within twoworking days of receipt of the statement of award ofcontract,
¾INGA shall notify FEGA of the tenders which have
been accepted and for which payment has been made.
3. Notwithstanding Article 5(1) of Regulation (EEC)
No 2131/93, the highest tender exceeding the minimumprice of EUR 110 per tonne shall be accepted.
(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. (5) OJ L 301, 17.10.1992, p. 17.
(4) OJ L 5, 9.1.1999, p. 64. (6) OJ L 104, 27.4.1996, p. 13.
EN Official Journal of the European Communities 5. 5. 1999 L 117/8
Article 2
1. Securities as referred to in the fifth indent of Article
1(2) shall be released where they cover quantities inrespect of which the tenderers provide proof:
¾of processing in Portugal by 30 September 1999 at the
latest except in cases of force majeure ,
or
¾that the product is no longer fit for human or animal
consumption.
2. Proof that the cereals covered by this Regulation
have been processed shall be furnished before 1 January2000 in accordance with Regulation (EEC) No 3002/92.However, processing shall be deemed to have taken placeonce the barley has been delivered to a store in Portugal.
3. In addition to the endorsements provided for in
Regulation (EEC) No 3002/92, box 104 of the T 5 controlcopy must bear one or more of the following:
¾Destinados a la transformacin [Reglamento (CE)
n
o935/1999]
¾Til forarbejdning (forordning (EF) nr. 935/1999)
¾Zur Verarbeitung bestimmt (Verordnung (EG)
Nr. 935/1999)
¾Pqooqfomtai cia letapogsg [Jamomislr (EJ)aqih.
935/1999]
¾For processing (Regulation (EC) No 935/1999)
¾Destines  la transformation [rglement (CE) no935/
1999]
¾Destinate alla trasformazione [regolamento (CE) n.
935/1999]
¾Bestemd om te worden verwerkt (Verordening (EG)
nr. 935/1999)
¾Para transformaÑo [Regulamento (CE) n.o935/1999]
¾Tarkoitettu jalostukseen [Asetus (EY) N:o 935/1999]
¾Fr bearbetning (frordning (EG) nr 935/1999).
Article 3
1. The final date for the submission of tenders in
response to the first partial invitation to tender shall be 13May 1999.2. The final date for the submission of tenders in
response to the final partial invitation to tender shall be27 May 1999.
3. Tenders must be submitted to the Portuguese inter-
vention agency:
Instituto Nacional de IntervenÑo de Garantia Agrcola
Rua Fernando Curado Ribeiro 4GP-1600 LisboaTel. (351-1) 751 85 00Fax (351-1) 751 86 00.
Article 4
The quantities of barley awarded shall be made available
to successful tenderers by FEGA as soon as it receives thenotification referred to in the sixth indent of Article 1(2).
Article 5
The Portuguese intervention agency shall transfer the
amounts received for the tenders awarded under thisRegulation to the Spanish intervention agency within 10days of receipt of those amounts.
Article 6
The Portuguese intervention agency shall inform the
Commission, by the Tuesday of the week following thefinal date for the submission of tenders at the latest, of theaverage prices of the various lots and the quantities sold.
Article 7
This Regulation shall enter into force on the third day
following 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, 4 May 1999.
For the Commission
Franz FISCHLER
Member of the Commission