EN Official Journal of the European Communities 21.6.2000 L 146/6
COMMISSION REGULATION (EC) No 1293/2000
of 20 June 2000
opening a standing invitation to tender for the export of maize held by the Austrian 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,
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 51 000tonnes of maize held by the Austrian interventionagency.
(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. Deroga-tions should accordingly be made to certain rules, inparticular those laid down in Regulation (EEC) No 2131/93.
(4) Where removal of the maize 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 Austrian inter-
vention agency issues a standing invitation to tender for theexport of maize held by it in accordance with Regulation (EEC)No 2131/93.
Article 2
1. The invitation to tender shall cover a maximum of
51 000 tonnes of maize for export to Slovenia and Poland.2. The regions in which the 51 000 tonnes of maize are
stored are set out at 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 22 June 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 13 July 2000.
4. Tenders shall be lodged with the Austrian 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.
The analysis results shall be forwarded to the Commission in
the event of a dispute.
(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 21.6.2000 L 146/7
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,
— 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 interventionmaize of 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 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 maize 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 inform
the Commission thereof in accordance with Annex II.
2. However, if the maize is removed before the results of the
analyses are known, all risks shall be borne by the successfultenderer from the time the lot is removed, without prejudice toany means of redress of which he may avail himself against thestorer.
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 EAGGF in respect of up to oneanalysis per 500 tonnes. The costs of inter-bin transfers andany additional analyses requested by the successful tenderershall be borne by him.
Article 7
By derogation from Article 12 of Regulation (EEC) No 3002/
92, the documents relating to the sale of maize in accordancewith this Regulation, and in particular the export licence, theremoval order referred to in Article 3(1)(b) of Regulation (EEC)No 3002/92, the export declaration and, where necessary, theT5 copy shall carry the entry:
— Maíz de intervención sin aplicación de restitución ni
gravamen, Reglamento (CE) n
o1293/2000
— Majs fra intervention uden restitutionsydelse eller -afgift,
forordning (EF) nr. 1293/2000
— Interventionsmais ohne Anwendung von Ausfuhrerstat-
tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 1293/2000
—Καλαµπόκι παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου ,
κανονισµός (ΕΚ)αριθ. 1293/2000
— Intervention maize without application of refund or tax,
Regulation (EC) No 1293/2000
— Maïs d'intervention ne donnant pas lieu à restitution ni
taxe, règlement (CE) n
o1293/2000
— Granturco d'intervento senza applicazione di restituzione
né di tassa, regolamento (CE) n. 1293/2000
— Maïs uit interventie, zonder toepassing van restitutie of
belasting, Verordening (EG) nr. 1293/2000
— Milho de intervenção sem aplicação de uma restituição ou
imposição, Regulamento (CE) n.o1293/2000
— Interventiomaissi, johon ei sovelleta vientitukea eikä vienti-
maksua, asetus (EY) N:o 1293/2000
— Interventionsmajs, utan tillämpning av bidrag eller avgift,
förordning (EG) nr 1293/2000. (1) OJ L 74, 20.3.1992, p. 18.
EN Official Journal of the European Communities 21.6.2000 L 146/8
Article 8
1. The security lodgement pursuant to Article 13(4) ofRegulation (EEC) No 2131/93 must be released once the exportlicences have been issued to the successful tenderers.2. The obligation to export to the third countries shall becovered 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 Commission Regulation (EEC) No 3002/92 (
1)
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 maize removed has left thecustoms 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 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 European Agri-cultural Guidance and Guarantee Fund (EAGGF).
Article 9
Within two hours of the expiry of the time limit for thesubmission of tenders, the Austrian 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, 20 June 2000.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 301, 17.10.1992, p. 17.ANNEX I
(tonnes)
Place of storage Quantities
Niederösterreich/Wien/nördl. Burgenland 32 260
Steiermark/Kärnten 18 740
EN Official Journal of the European Communities 21.6.2000 L 146/9
ANNEX II
Communication of refusal of lots under the standing invitation to tender for the export of maize held by the
Austrian intervention agency
(Article 6(1) of Regulation (EC) No 1293/2000)
— 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
— % sprouted grains
— % miscellaneous impurities (Schwarzbesatz)
— % of matter which is not basic cereal of unimpaired
quality
— Other
ANNEX III
Standing invitation to tender for the export of maize held by the Austrian intervention agency
(Regulation (EC) No 1293/2000)
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 and 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):— telex: 22037 AGREC B,
22070 AGREC B (Greek characters),
— fax: 296 49 56,
295 25 15.