EN Official Journal of the European Communities 9. 6. 1999 L 144/7
COMMISSION REGULATION (EC) No 1185/1999
of 8 June 1999
opening a standing invitation to tender for the export of barley held by the
Spanish 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,
(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 of cereals held by interventionagencies;
(2)Whereas a standing invitation to tender should beopened for the export of 375 000 tonnes of barleyheld by the Spanish intervention agency;
(3)Whereas the invitation to tender for the export ofintervention stocks is unusual in that it will alsooperate at the end of the marketing year, i.e. inJune 1999; whereas, therefore, in the case oftenders made between 17 and 30 June 1999, deliv-eries will be possible only from 1 July 1999;whereas provision must accordingly be made toderogate from the first paragraph of Article 16 ofRegulation (EEC) No 2131/93, which stipulatesthat payments must be made no later than onemonth after acceptance of the tender;
(4)Whereas special procedures must be laid down toensure that the operations and their monitoring areproperly effected; whereas, to that end, provisionshould be made for a security lodgement schemewhich ensures that aims are met while avoidingexcessive costs for the operators; whereas deroga-tions should accordingly be made to certain rules,in particular those laid down in Regulation (EEC)No 2131/93;
(5)Whereas, where removal of the barley is delayed bymore than five days or the release of one of thesecurities required is delayed for reasons imputableto the intervention agency the Member Stateconcerned must pay compensation;
(6)Whereas the measures provided for in this Regula-tion are in accordance with the opinion of theManagement Committee for Cereals,HAS ADOPTED THIS REGULATION:
Article 1
Subject to the provisions of this Regulation, the Spanish
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
375 000 tonnes of barley for export to third countries,with the exception of the United States of America,Canada and Mexico.
However, the customs export formalities for tenders
submitted on or after 17 June 1999 shall be completedonly on or after 1 July 1999.
2. The regions in which the 375 000 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. Between 17 and 30 June 1999, tenders submitted
under this invitation to tender shall not be admissibleunless they are accompanied by a written undertaking toexport only on or after 1 July 1999. The tenders may notbe accompanied by applications for export licencessubmitted under Article 44 of Commission Regulation(EEC) No 3719/88 (
5). (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 331, 2.12.1988, p. 1.
EN Official Journal of the European Communities 9. 6. 1999 L 144/8
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 10 June 1999.
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 30 September 1999.
4. Tenders shall be lodged with the Spanish interven-
tion agency.
Article 6
In the case of tenders submitted between 17 and 30 June
1999, the following conditions shall apply:
notwithstanding the first paragraph of Article 16 of
Regulation (EEC) No 2131/93, the cereals must bepaid for by 31 July 1999, at the latest.
notwithstanding the third paragraph of Article 16 of
Regulation (EEC) No 2131/93, the price to be paid forthe export shall be that indicated in the tender.
Article 7
In the case of licences applied for between 17 and 30
June 1999, without prejudice to Article 17(3) of Regula-tion (EEC) No 2131/93, the security referred to in thesecond indent of Article 17(2) of that Regulation shall bereleased of Article 17(2) of that Regulation shall bereleased only when proof is provided that the customsexport formalities were completed on or after 1 July 1999.
Article 8
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 analyses results shall be forwarded to the Commis-
sion 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 not
exceed the following limits:
two kilograms per hectolitre as regards specific
weight, which must not, however, be less than60 kg/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 bereplaced 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.
(1) OJ L 74, 20.3.1992, p. 18.
EN Official Journal of the European Communities 9. 6. 1999 L 144/9
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 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 9
By derogation from Article 12 of Commission Regulation
(EEC) No 3002/92 (
1), 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:
Cebada de intervención sin aplicación de restitución
ni gravamen, Reglamento (CE) n
o1185/1999
Byg fra intervention uden restitutionsydelse eller
-afgift, forordning (EF) nr. 1185/1999
Interventionsgerste ohne Anwendung von Ausfuhrer-
stattungen oder Ausfuhrabgaben, Verordnung (EG)Nr. 1185/1999
Κριθ/etaaigu παρ/epsilonaiguµβαση/sigmaaltr χωρ/iotaaigu/sigmaaltr εφαρµογ/etaaigu επιστροφ/etaaigu/sigmaaltr /etaaigu
φ/omicronaiguρου,κανονισµ/omicronaigu/sigmaaltr (ΕΚ)αριθ. 1185/1999
Intervention barley without application of refund or
tax, Regulation (EC) No 1185/1999
Orge d’intervention ne donnant pas lieu à restitution
ni taxe, règlement (CE) n
o1185/1999
Orzo d’intervento senza applicazione di restituzione
né di tassa, regolamento (CE) n. 1185/1999
Gerst uit interventie, zonder toepassing van restitutie
of belasting, Verordening (EG) nr. 1185/1999
Cevada de intervenção sem aplicação de uma resti-
tuição ou imposição, Regulamento (CE) n.o1185/1999
Interventio-ohraa, johon ei sovelleta vientitukea eikä
vientimaksua, asetus (EY) N:o 1185/1999
Interventionskorn, utan tillämpning av bidrag eller
avgift, förordning (EG) nr 1185/1999.Article 10
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 EUR 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 terri-tory 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 ofCommission Regulation (EEC) No 3665/87 (
2).
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 EUR 0,015 per 10 tonnes for each day’sdelay.
This compensation shall not be charged to the European
Agricultural Guidance and Guarantee Fund (EAGGF).
Article 11
Within two hours of the expiry of the time limit for the
submission of tenders, the Spanish 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 12
This Regulation shall enter into force on the day of its
publication in the Official Journal of the European
Communities .
(1) OJ L 304, 17.10.1992, p. 17. (2) OJ L 351, 14.12.1987, p. 1.
EN Official Journal of the European Communities 9. 6. 1999 L 144/10
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 8 June 1999.
For the Commission
Franz FISCHLER
Member of the Commission
EN Official Journal of the European Communities 9. 6. 1999 L 144/11
ANNEX I
(tonnes)
Place of storage Quantity
Álava 2 000
Aragón 60 900
Castilla-La Mancha 32 710
Castilla y León 236 330
La Rioja 3 000
Navarra 40 060
ANNEX II
Communication of refusal of lots under the standing invitation to tender for the export of
barley held by the Spanish intervention agency
(Article 8(1) of Regulation (EC) No 1185/1999)
Name of successful tenderer:
Date of award of 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 of
unimpaired quality
Other
EN Official Journal of the European Communities 9. 6. 1999 L 144/12
ANNEX III
Standing invitation to tender for the export of barley held by the Spanish intervention
agency
(Regulation (EC) No 1185/1999)
1 2 3 4 5 6 7
Tender NoConsignment
NoQuantity
(tonnes)Offer price
(EUR/tonne)
(1)Price increases
(+) or
reductions
(–)
(EUR/tonne)
p.m.Commercial
costs
(EUR/tonne)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: 296 49 56,
295 25 15,
telex: 22037 AGREC B,
22070 AGREC B (Greek characters).