EN Official Journal of the European Communities 22. 2. 2000 L 49/19
COMMISSION REGULATION (EC) No 390/2000
of 21 February 2000
opening a standing invitation to tender for the export of barley held by the Danish 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 Commission Regulation (EC) No
1253/1999 (2), and in particular Article 5 thereof,
Whereas:
(1) 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 cerealsheld by intervention agencies.
(2) Given the current market situation, a standing invitationto tender should be opened for the export of 31 757tonnes of barley held by the Danish intervention agency.
(3) Special procedures must be laid down to ensure that theoperations and their monitoring are properly effected.To that end, provision should be made for a securitylodgement scheme which ensures that aims are metwhile avoiding excessive costs for the operators.Derogations should accordingly be made to certain rules,in particular those laid down in Regulation (EEC)No 2131/93.
(4) Where removal of the barley is delayed by more thanfive days or the release of one of the securities requiredis delayed for reasons imputable to the interventionagency the Member State concerned must paycompensation.
(5) The measures provided for in this Regulation are inaccordance with the opinion of the ManagementCommittee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Subject to the provisions of this Regulation the Danish inter-
vention agency issues a standing invitation to tender for theexport of barley held by it in accordance with Regulation (EEC)No 2131/93.Article 2
1. The invitation to tender shall cover a maximum of
31 757 tonnes of barley for export to third countries, with theexception of the United States, Canada and Mexico.
2. The regions in which the 31 757 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 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 24 February 2000.
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 25 May 2000.
4. Tenders shall be lodged with the Danish intervention
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 22. 2. 2000 L 49/20
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.
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 kilograms per hectolitre as regards specific weight,
which must not, however, be less than 60 kg/hl,
— one percentage point as regards moisture 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 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 interventionbarley of the quality laid down at no additional charge,the security shall not be released. The lot must be
replaced within three days of the date of the successfultenderer's request. The successful tenderer shall notifythe Commission immediately thereof in accordancewith 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 barley of thequality laid down at no additional charge. In that case, thesecurity 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 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, 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 barley 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:
(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 22. 2. 2000 L 49/21
— Cebada de intervención sin aplicación de restitución ni
gravamen, Reglamento (CE) no390/2000
— Byg fra intervention uden restitutionsydelse eller -afgift,
forordning (EF) nr. 390/2000
— Interventionsgerste ohne Anwendung von Ausfuhrerstat-
tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 390/2000
—Κριθή παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου ,κανο-
νισµός (ΕΚ)αριθ. 390/2000
— Intervention barley without application of refund or tax,
Regulation (EC) No 390/2000
— Orge d'intervention ne donnant pas lieu à restitution ni
taxe, règlement (CE) n
o390/2000
— Orzo d'intervento senza applicazione di restituzione né di
tassa, regolamento (CE) n. 390/2000
— Gerst uit interventie, zonder toepassing van restitutie of
belasting, Verordening (EG) nr. 390/2000
— Cevada de intervenção sem aplicação de uma restituição ou
imposição, Regulamento (CE) n.o390/2000
— Interventio-ohraa, johon ei sovelleta vientitukea eikä vienti-
maksua, asetus (EY) N:o 390/2000
— Interventionskorn, utan tillämpning av bidrag eller avgift,
förordning (EG) nr 390/2000.
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 butnot less than EUR 10 per tonne. Half of the security shall belodged when the licence is issued and the balance shall be
lodged before 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.
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 tenderer provides theproof referred to in Article 18 of Regulation (EEC) No3665/87.
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 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 Danish 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, 21 February 2000.
For the Commission
Franz FISCHLER
Member of the Commission
EN Official Journal of the European Communities 22. 2. 2000 L 49/22
ANNEX II
Communication of refusal of lots under the standing invitation to tender for the export of barley held by the
Danish intervention agency
(Article 6(1) of Regulation (EC) No 390/2000)
— 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
— OtherJylland 14 617
3 905 FynQuantityANNEX I
(tonnes)
Sjælland 13 235Place of storage
EN Official Journal of the European Communities 22. 2. 2000 L 49/23
ANNEX III
Standing invitation to tender for the export of barley held by the Danish intervention agency
(Regulation (EC) No 390/2000)
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 AGRI-C-1):— fax 296 49 56,
295 25 15;
— telex 22037 AGREC B,
22070 AGREC B (Greek characters).