EN Official Journal of the European Communities 12. 3. 1999 L 63/21
COMMISSION REGULATION (EC) No 533/1999
of 11 March 1999
on the issuing of a standing invitation to tender for the sale of common wheat of
breadmaking quality held by the German intervention agency for export to
certain ACP countries in the 1998/1999 marketing year
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 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;
Whereas, with a view to supplying the markets of the
ACP countries, favoured partners of the Community,significant quantities of common wheat are required;whereas these markets are usually supplied on the basis ofregular contracts to ensure stable prices for the ACPcountries over a certain period; whereas it is thereforenecessary to issue a specific invitation to tender to ensurethat users in these countries have access to commonwheat of breadmaking quality under conditions appro-priate to the highly competitive situation on the worldmarket;
Whereas the German intervention agency holds stocks of
common wheat of breadmaking quality; whereas part ofthe wheat coming from the intervention stocks held bythe aforementioned agency should therefore be resold tothe ACP countries to meet their quantitative and qualita-tive needs; whereas the common wheat successfullytendered for must be exported to the countries of destina-tion by 31 August 1999 at the latest;
Whereas the specific nature of the operation and the
accounting position of the common wheat in questionrequire greater flexibility in the mechanisms and obliga-tions governing the resale of intervention stocks and alsorequire exclusion of any refund, tax or monthly increase;whereas special procedures must be laid down to ensurethat the operations and their monitoring are properlyeffected; whereas to that end provision should be made
for a security lodgment scheme which ensures that theaims are met while avoiding excessive costs for the opera-tors; whereas derogations should accordingly be made tocertain rules, in particular those laid down in Regulation(EEC) No 2131/93;
Whereas, in addition to the conditions laid down in
Article 30 of Commission Regulation (EEC) No 3719/88 (
5), as last amended by Regulation (EC) No 168/
1999 (6), provision should be made for the release for
consumption in the ACP State(s) laid down in the Regula-tion;
Whereas, where removal of the wheat is delayed by more
than five days, or the release of one of the securitiesrequired is delayed, for reasons imputable to the interven-tion agency the Member State concerned will have to paycompensation;
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. A standing invitation to tender is hereby issued for
the export of 200 000 tonnes of common wheat of bread-making quality, held by the German intervention agency.
2. The common wheat must be exported to an ACP
State or to several States within one of the groups of ACPStates listed in Annex I.
3. The regions in which the 200 000 tonnes of German
common wheat of breadmaking quality are stored arelisted in Annex II.
4. The intervention agency concerned shall prepare a
notice of invitation to tender indicating for each lot or,where appropriate, each part lot:
(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 331, 2. 12. 1988, p. 1.
(4) OJ L 5, 9. 1. 1999, p. 64. (6) OJ L 19, 26. 1. 1999, p. 4.
EN Official Journal of the European Communities 12. 3. 1999 L 63/22
— the location,
— and at least the following features:
— specific weight,
— moisture content,— Hagberg falling number,— impurity contents and sprouted grains,— protein content.
5. It shall publish the notice of invitation to tender at
least two days before the date set for the first partialinvitation to tender.
Article 2
Subject to the provisions of this Regulation, the sales of
common wheat of breadmaking quality referred to inArticle 1 shall take place in accordance with the pro-cedure and conditions laid down by Regulation (EEC) No2131/93.
Article 3
1. The time limit for submitting tenders for the first
partial invitation to tender shall be 9 a.m. (Brussels time)on Thursday 18 March 1999.
2. The time limit for submitting tenders for the second
partial invitation to tender shall be 9 a.m. (Brussels time)on the following Thursday.
The time limit for the last partial invitation to tender
shall be 30 April 1999.
3. Tenders must be submitted to the German interven-
tion agency.
Article 4
1. Tenders shall only be admissible if:
— the tenderer provides written proof from an official
body in the ACP country of destination or a companyhaving its overseas subsidiary in the said country, thathe has concluded for the quantity in question acommercial supply contract for common wheat forexport to an ACP State or to several States within oneof the groups of ACP States listed in Annex I. Thatcontract may cover only those deliveries to be madeduring the period April to August 1999 for quantitiestraditionally supplied; such proof shall be lodged withthe competent authorities at least two working daysbefore the date of the partial invitation to tenderagainst which the tender is to be submitted,
— they are accompanied by an application for an export
licence for the destination in question.The proof provided for in the first indent shall also indi-
cate the quality provided for in the contract, the timelimit for delivery and the price terms.
The Member State shall send the Commission a copy of
the said proof forthwith, for information.
2. Tenders may not exceed the quantity laid down in
the commercial contract submitted.
Article 5
1. No export refund or export tax or monthly increase
shall be applied for exports carried out pursuant to thisRegulation.
2. The validity of the export licences issued in accord-
ance with this Regulation shall expire on 31 July 1999.
3. The licence obliges the operator to export to the
ACP State or States for which the licence application wassubmitted. However, up to a limit of 30 % of the quantityfor which the licence was issued, the operator may effecthis contract at another destination on condition that itbelongs to the same group of countries listed in Annex I.
4. The export licences shall be issued as soon as the
successful tenderers have been selected.
5. Article 9 of Regulation (EEC) No 3719/88 notwith-
standing, the rights deriving from the licence referred toin this Article shall not be transferable.
Article 6
1. The intervention agency, the storer and the
successful tenderer, if he so wishes, shall, by commonagreement, either before or at the moment of removalfrom storage, as the successful tenderer chooses, takereference samples at the rate of at least one sample forevery 500 tonnes, and shall analyse the samples. Theintervention agency may be represented by a proxy,provided this is not the storer.
The Commission must be informed of the findings of the
analyses in the event of a dispute.
Reference samples shall be taken and analysed within
seven working days of the date of the successful tenderer’srequest or within three working days if the samples weretaken on removal from storage. If the final result of thesample analyses indicates a quality:
(a) greater than that specified in the notice of invitation
to tender, the successful tenderer must accept the lotas established;
(b) greater than the minimum characteristics required for
intervention but below the quality described in thenotice of invitation to tender, with the differenceremaining within a limit of up to:
EN Official Journal of the European Communities 12. 3. 1999 L 63/23
— 2 kg/hl for the specific weight, which must not,
however, be less than 72 kg/hl,
— one percentage point for the mositure content,— 20 percentage points for the Hagberg falling
index,
— one percentage point for the protein content,— half a percentage point for the impurities referred
to in B.2 and B.4 of the Annex to CommissionRegulation (EEC) No 689/92 (
1),
and
— half a percentage point for the impurities referred
to in point B.5 of the Annex to Regulation (EEC)No 689/92, the percentages admissible for noxiousgrains and ergot, however, remaining unchanged,
the successful tenderer must accept the lot as estab-
lished;
(c) greater than the minimum characteristics required for
intervention but below the quality described in thenotice of invitation to tender with the differencesurpassing the limit referred to in point (b), thesuccessful tenderer may:
— either accept the lot as established,
— or refuse to take over the lot in question. The
successful tenderer shall be released from all hisobligations relating to the lot in question,including the securities, only once he hasinformed the Commission and the interventionagency forthwith, in accordance with Annex V;however, if he requests the intervention agency tosupply him with another lot of intervention bread-making wheat of the quality laid down, and thatwithout additional charges, the security shall notbe released. The lot must be replaced within amaximum of three days from the date of thesuccessful tenderer’s request. The successfultenderer shall immediately inform the Commis-sion thereof in accordance with Annex V;
(d) below the minimum characteristics required for inter-
vention, the successful tenderer may not remove thelot in question. He shall be released from all hisobligations relating to the lot in question, includingthe securities, only once he has informed theCommission and the intervention agency forthwith, inaccordance with Annex V; however, he may requestthe intervention agency to supply him with anotherlot of intervention breadmaking wheat of the qualitylaid down, without additional charges. In this case, thesecurity shall not be released. The lot must bereplaced within a maximum of three days from thedate of the successful tenderer’s request. Thesuccessful tenderer shall immediately inform theCommission thereof in accordance with Annex V.
2. However, if the breadmaking wheat is removed
before the results of the analysis are known, all risks shallbe borne by the successful tenderer from the time ofremoval of the lot, without prejudice to the forms of
recourse the successful tenderer may have against thestorer.
3. If, after successive replacements, the successful
tenderer has not received a replacement lot of the qualitylaid down within one month of the date of his request forreplacement, he shall be released from all his obligations,including the securities once he has informed theCommission and the intervention agency forthwith inaccordance with Annex V.
4. The costs of the taking of samples and the analyses
referred to in paragraph 1, except those where the finalresult of the analyses produces a quality inferior to theminimum characteristics required for intervention, shallbe borne by the EAGGF up to a maximum of oneanalysis per 500 tonnes with the exception of the trans-silage costs.
The cost of transsilage and of any additional analyses
requested by the successful tenderer shall be borne byhim.
Article 7
The successful tenderer shall pay for the common wheat
before removing it at the price indicated in the tender.The final date for removal is 31 July 1999. The paymentdue for each of the lots to be removed shall be indivisible.
Article 8
1. The security lodged pursuant to Article 13(4) of
Regulation (EEC) No 2131/93 must be released once theexport licences have been issued to the successfultenderers.
2. The obligation to export and import into one of the
countries of destination listed in Annex I shall be coveredby a security amounting to EUR 50 per tonne of whichEUR 15 per tonne shall be lodged upon issue of theexport licence, with the balance of EUR 35 being lodgedbefore removal of the cereals.
Article 15(2) of Commission Regulation (EEC) No 3002/
92 (
2) notwithstanding:
— the amount of EUR 15 per tonne must be released
within 20 working days of the date on which thesuccessful tenderer supplies proof that the wheatremoved has left the customs territory of theCommunity,
— the amount of EUR 35 per tonne must be released
within 15 working days of the date on which thesuccessful tenderer supplies proof of entry forconsumption into the ACP State or States referred toin Article 5(3). This proof shall be supplied in accord-ance with Articles 18 and 47 of Commission Regula-tion (EEC) No 3665/87 (
3).
(2) OJ L 301, 17. 10. 1992, p. 17.
(1) OJ L 74, 20. 3. 1992, p. 18. (3) OJ L 351, 14. 12. 1987, p. 1.
EN Official Journal of the European Communities 12. 3. 1999 L 63/24
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 limits specified in this same Article shall confer anentitlement to compensation from the Member Stateamounting to EUR 0,015/10 tonnes for each day’s delay.
This compensation shall not be charged to the EAGGF.
Article 9
Article 12 of Regulation (EEC) No 3002/92 notwith-
standing, the documents relating to the sale of commonwheat in accordance with this Regulation and in partic-ular the export licence, the removal order referred to inArticle 3(1)(b) of Regulation (EEC) No 3002/92, theexport declaration and, where appropriate, the T5 controlcopy must bear the words:
— Trigo blando panificable de intervencin sin aplica-
cin de restitucin ni gravamen, destinado a (nombredel Estado o de los Estados ACP), Reglamento (CE) n
o
533/1999
— Bageegnet blød hvede fra intervention uden restitu-
tionsydelse eller -afgift bestemt for (navnet p det ellerde pgældende AVS-lande), forordning (EF) nr. 533/1999
— Interventions-Brotweichweizen ohne Anwendung von
Ausfuhrerstattungen oder Ausfuhrabgaben, Bestim-mung (Name des AKP-Staates oder der AKP-Staaten),Verordnung (EG) Nr. 533/1999
—Lakajr aqtopoisilor stor paqlbasgr ,wyqr
evaqloc epistqovr  vqou pqooqiflemor cia(mola tgr wqar AJE  tym wyqm AJE ),jamomislr
(EJ)aqih. 533/1999
— Intervention common wheat of breadmaking quality
without application of refund or tax, bound for (nameof the ACP State or States), Regulation (EC) No 533/1999— Bl tendre d’intervention panifiable ne donnant pas
lieu  restitution ni  taxe, destin  (nom de l’tatACP ou des tats ACP), rglement (CE) n
o533/1999
— Frumento tenero d’intervento panificabile senza appli-
cazione di restituzione o di tassa, destinato al (nomedel paese o dei paesi ACP), regolamento (CE) n. 533/1999
— Zachte tarwe van bakkwaliteit uit interventie, zonder
toepassing van restitutie of belasting, bestemd voor(naam van de ACS-Staat of de ACS-Staten), Verord-ening (EG) nr. 533/1999
— Trigo mole panificvel de intervenÑo sem aplicaÑo
de uma restituiÑo, ou imposiÑo destinado a (nomedo Estado ou dos Estados ACP), Regulamento (CE) nº533/1999
— Interventioleipvehn, jolle ei makseta vientitukea
eik vientimaksua ja jonka mrpaikka on (AKT-maan nimi tai AKT-maiden nimet), asetus (EY) N:o533/1999
— Interventionsvete av brdkvalitet, ej utan bidrag eller
avgift avsett fr (AVS-statens eller AVS-staternasnamn), frordning (EG) nr 533/1999.
Article 10
1. The German intervention agency shall inform the
Commission of the tenders received within three hours ofthe expiry of the time limit for submitting tenders. Theinformation must be sent in the form laid down in AnnexIII to one of the telex or fax numbers listed in Annex IV.
2. It shall inform the Commission on a monthly basis
of the quantities of common wheat removed pursuant tothis Regulation.
Article 11
This Regulation shall enter into force on the day of 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, 11 March 1999.
For the Commission
Franz FISCHLER
Member of the Commission
EN Official Journal of the European Communities 12. 3. 1999 L 63/25
ANNEX I
Groups of ACP States signatories to the Lom Convention
Group I Group II Group III
Mauritania
Mali
Niger
Senegal
Gambia
Guinea-Bissau
Guinea
Cape Verde
Sierra Leone
Liberia
Cte d’Ivoire
Ghana
TogoChad
Central African Republic
Benin
Cameroon
Equatorial Guinea
SÑo Tom and Prncipe
Gabon
Congo
Democratic Republic of Congo
Rwanda
Burundi
Burkina FasoSeychelles
Comoros
Madagascar
Mauritius
Angola
Zambia
Malawi
Mozambique
Namibia
Botswana
Zimbabwe
Lesotho
Swaziland
Djibouti
Ethiopia
Eritrea
(tonnes)
Region of storage QuantitiesANNEX II
Schleswig-Holstein/Hamburg/
Niedersachsen/Bremen/
Nordrhein-Westfalen 120 000
Hessen/Rheinland-Pfalz/
Baden-Wrttemberg/Saarland/Bayern 25 000
Berlin/Brandenburg/
Mecklenburg-Vorpommern 17 000
Sachsen/Sachsen-Anhalt/Thringen 38 000
EN Official Journal of the European Communities 12. 3. 1999 L 63/26
1 2 3 4 5 6 7
Registration
number of
the tendererLot
numberQuantity
in tonnesOffer price
(EUR/tonne)
(1)Increases (+)
Reductions (–)
(EUR/tonne)
p.m.Commercial
costs
(EUR/tonne)DestinationANNEX III
Standing invitation to tender for the export of 200 000 tonnes of common wheat of bread-
making quality held by the German intervention agency
(Regulation (EC) No 533/1999)
1
2
3
etc.
(1) This price includes the increases and reductions relating to the lot for which the tender is submitted.
ANNEX IV
The only telex and fax numbers in Brussels to be used are:
DG VI/C/1:
— telex: 22037 AGREC B,
22070 AGREC B (Greek characters),
— fax: 296 49 56,
295 25 15.
EN Official Journal of the European Communities 12. 3. 1999 L 63/27
ANNEX V
Communication of refusal of lots under the standing invitation to tender for the export of
200 000 tonnes of breadmaking common wheat held by the German intervention agency
(Article 6 of Regulation (EC) No 533/1999)
¾Name of successful tenderer:
¾Date of award of contract:
¾Date of refusal of lot by successful tenderer:
Lot
NoQuantity
in tonnesAddress
of siloReason for refusal to take over
¾Specific weight (kg/hl)
¾% sprouted grains
¾% miscellaneous impurities (Schwarzbesatz)
¾% of matter which is not wheat of unimpaired
quality
¾Other