EN Official Journal of the European Communities 3. 3. 1999 L 55/3
COMMISSION REGULATION (EC) No 455/1999
of 2 March 1999
on the opening of a standing invitation to tender for 9 300 tonnes of barley held
by the Finnish intervention agency for processing in northern Finland
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 Finland is experiencing particular difficulties
with respect to supplies of feed grain in central northernFinland following an extremely poor barley harvest in1998 as a result of adverse weather conditions;
Whereas supplies are available in southern Finland in the
form of intervention barley; whereas this barley, whichdates from 1992 and was placed in intervention in 1995on Finland’s accession, does not find its way to thenorthern regions of the country in view of the longdistances and high transport costs involved;
Whereas, taking into account the age of the stocks and
supplies of feed grain available in southern Finland, thequantities of grain in question would be extremely diffi-cult to dispose of under the normal conditions of resale ofintervention stocks laid down in Commission Regulation(EEC) No 2131/93 of 28 July 1993 laying down theprocedure and conditions for the sale of cereals held byintervention agencies (
3), as last amended by Regulation
(EC) No 39/1999 (4); whereas Article 5(4) of that Regula-
tion expressly provides for a derogation from the normalconditions of resale of intervention stocks under certaincircumstances; whereas these circumstances currentlyexist in Finland; whereas a standing invitation to tendershould therefore be opened for 9 300 tonnes of barleyheld in southern Finland for compulsory processing innorthern Finland; whereas this invitation to tender shouldbe subject to special price conditions;
Whereas, as regards proof of processing in Finland,
Commission Regulation (EEC) No 3002/92 of 16 October1992 laying down common detailed rules for verifying theuse and/or destination of products from intervention (
5), aslast amended by Regulation (EC) No 770/96 (6), is applic-
able;
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
1. The Finnish intervention agency shall organise a
standing invitation to tender for sale on the Finnishdomestic market of 9 300 tonnes of barley held in Vainik-kala, for processing in regions C2 and C4 as defined inthe Finnish regional plan for arable crops.
2. Without prejudice to Regulation (EEC) No 2131/93,
the following special rules shall apply to this invitation totender:
— tenderers shall undertake to process the quantities of
barley awarded to them in the regions referred to inparagraph 1,
— processing shall be carried out by 30 September 1999
at the latest, except in cases of force majeure ,
— a security of EUR 20 per tonne shall be lodged with
the intervention agency by successful tenderers toensure compliance with the conditions laid down inthe first and second indents. This security shall belodged at the latest within two working days of receiptof the statement of award of contract.
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.
Article 2
1. The final date for the submission of tenders in
response to the first partial invitation to tender shall be 9March 1999.
2. The final date for the submission of tenders in
response to the final partial invitation to tender shall be27 April 1999.
(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 5, 9. 1. 1999, p. 64.
(5) OJ L 301, 17. 10. 1992, p. 17. (6) OJ L 104, 27. 4. 1996, p. 13.
EN Official Journal of the European Communities 3. 3. 1999 L 55/4
Article 3
1. Securities as referred to in the third indent of Article
1(2) shall be released where they cover quantities inrespect of which the tenderers provide proof:
— of processing in the regions, laid down in Article 1(1),
by 30 September 1999 at the latest, except in cases offorce majeure ,
or
— that 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 in accordancewith Regulation (EEC) No 3002/92. However, processingshall be deemed to have taken place once the barley hasbeen delivered to a store in the regions in question.
3. In addition to the endorsements provided for in
Regulation (EEC) No 3002/92, box 104 of th e T 5 control
copy must bear one or more of the following:
— Destinados a la transformacin [Reglamento (CE) n
o
455/1999]
— Til forarbejdning (forordning (EF) nr. 455/1999)— Zur Verarbeitung bestimmt (Verordnung (EG) Nr.
455/1999)—Pqooqfomtai cia letapogsg [Jamomislr (EJ)aqih.
455/1999]
— For processing (Regulation (EC) No 455/1999)— Destines  la transformation [rglement (CE) n
o455/
1999]
— Destinate alla trasformazione [regolamento (CE) n.
455/1999]
— Bestemd om te worden verwerkt (Verordening (EG)
nr. 455/1999)
— Para transformaÑo [Regulamento (CE) nº 455/1999]— Tarkoitettu jalostukseen [Asetus (EY) N:o 455/1999]— Fr bearbetning (frordning (EG) nr 455/1999).
Article 4
The Finnish 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 5
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, 2 March 1999.
For the Commission
Franz FISCHLER
Member of the Commission