EN Official Journal of the European Communities 28. 8. 1999 L 228/3
COMMISSION REGULATION (EC) No 1855/1999
of 27 August 1999
opening a standing invitation to tender for the export of sorghum held by the French 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 of49 000 tonnes of sorghum held by the French interven-tion 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 sorghum is delayed bymore than five days or the release of one of the securi-ties required is delayed for reasons imputable to theintervention agency the Member State concerned mustpay 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 French inter-
vention agency issues a standing invitation to tender for theexport of sorghum held by it in accordance with Regulation(EEC) No 2131/93.
Article 2
1. The invitation to tender shall cover a maximum of
49 000 tonnes of sorghum for export to third countries.2. The regions in which the 49 000 tonnes of sorghum 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 9 September 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 French intervention
agency.
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 every 500tonnes and shall analyse the samples. The intervention agencymay be represented by a proxy, provided this is not the storer.
(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 28. 8. 1999 L 228/4
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:
— one percentage point as regards moisture content,— 0,1 percentage point for the tannin content,— 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 grains,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 interventionsorghum of the quality laid down at no additionalcharge, the security shall not be released. The lot mustbe replaced within three days of the date of thesuccessful tenderer's request. The successful tenderershall notify the Commission immediately thereof inaccordance 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 sorghum ofthe quality laid down at no additional charge. In that case,the security shall not be released. The lot must be replacedwithin three days of the date of the successful tenderer'srequest. The successful tenderer shall immediately informthe Commission thereof in accordance with Annex II.2. However, if the sorghum 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, withoutprejudice to any means of redress of which he may availhimself 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 tonnes. The costs of inter-bin transfers and any addi-tional analyses requested by the successful tenderer shall beborne by him.
Article 7
By derogation from Article 12 of Commission Regulation (EEC)
No 3002/92 (
2), the documents relating to the sale of sorghum
in accordance with this Regulation, and in particular the exportlicence, the removal order referred to in Article 3(1)(b) ofRegulation (EEC) No 3002/92, the export declaration and,where necessary, the T5 copy shall carry the entry:
— Sorgo de intervención sin aplicación de restitución ni
gravamen, Reglamento (CE) n
o1855/1999
— Sorghum fra intervention uden restitutionsydelse eller
-afgift, forordning (EF) nr. 1855/1999
— Interventionssorghum ohne Anwendung von Ausfuhrerstat-
tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 1855/1999
—Σόργος παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου ,
κανονισµός (ΕΚ)αριθ. 1855/1999
— Intervention sorghum without application of refund or tax,
Regulation (EC) No 1855/1999
— Sorgho d'intervention ne donnant pas lieu à restitution ni
taxe, règlement (CE) n
o1855/1999
— Sorgo d'intervento senza applicazione di restituzione né di
tassa, regolamento (CE) n. 1855/1999
— Sorghum uit interventie, zonder toepassing van restitutie of
belasting, Verordening (EG) nr. 1855/1999
— Sorgo de intervenção sem aplicação de uma restituição ou
imposição, Regulamento (CE) n.o1855/1999
— Interventiodurraa, johon ei sovelleta vientitukea eikä vienti-
maksua, asetus (EY) N:o 1855/1999
— Interventionssockerhirs, utan tillämpning av bidrag eller
avgift, förordning (EG) nr 1855/1999.
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.
(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 28. 8. 1999 L 228/5
2. The obligation to export to the third countries shall be
covered by a security amounting to EUR 50 per tonne ofwhich EUR 30 per tonne shall be lodged when the exportlicence is issued, with the balance of EUR 20 per tonne beinglodged before removal of the cereals.
Article 15(2) of Regulation (EEC) No 3002/92 notwithstanding:
— the amount of EUR 30 per tonne must be released within
20 working days of the date on which the successfultenderer supplies proof that the sorghum removed has leftthe customs territory of the Community,
— the amount of EUR 20 per tonne must be released within
15 working days of the date on which the successfultenderer supplies the proof referred to in Article 17(3) ofRegulation (EEC) No 2131/93.
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 to
compensation from the Member State amounting toEUR 0,015 per 10 tonnes 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 French intervention agency shallnotify the Commission of tenders received. Such notificationshall be made using the model set out in Annex III and thetelex 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, 27 August 1999.
For the Commission
Karel VAN MIERT
Member of the Commission
EN Official Journal of the European Communities 28. 8. 1999 L 228/6
ANNEX I
(tonnes)
Place of storage Quantity
Bordeaux 10 450
Lyon 9 590
Marseille 4 320
Montpellier 7 000
Toulouse 17 640
ANNEX II
Communication of refusal of lots under the standing invitation to tender for the export of sorghum held by the
French intervention agency
(Article 6(1) of Regulation (EC) No 1855/1999)
— 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
— % of tannins
— % sprouted grains
— % miscellaneous impurities (Schwarzbesatz)
— % of matter which is not basic cereal o f
unimpaired quality
— Other
EN Official Journal of the European Communities 28. 8. 1999 L 228/7
ANNEX III
Standing invitation to tender for the export of sorghum held by the French intervention agency
(Regulation (EC) No 1855/1999)
1 2 3 4 5 6 7
Tender No Consignment No Quantity (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).