Commission Regulation (EC) No 1122/98 of 29 May 1998 opening a standing invitation to tender for the export of barley from harvests prior to 1997 held by the German intervention agency
Date: 1998-05-29
Institutions: European Commission
Subjects: Germany, award of contract, barley, export, intervention agency

30. 5. 98

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Official Journal of the European Communities

L 157/69

COMMISSION REGULATION (EC) No 1122/98

of 29 May 1998

opening a standing invitation to tender for the export of barley from harvests
prior to 1997 held by the German intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Article 2

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of the
in cereals (1), as last amended by Commission
market
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 2193/96 (4), lays
down the procedure and conditions for the disposal of
cereals held by intervention agencies;

Whereas, given the current market situation, a standing
invitation to tender should be opened for the export of
500 000 tonnes of barley from harvests prior to 1997 held
by the German intervention agency;

Whereas special procedures must be laid down to ensure
that the operations and their monitoring are properly
effected; whereas, to that end, provision should be made
for a security lodgement scheme which ensures that aims
are met while avoiding excessive costs for the operators;
whereas derogations
should accordingly be made to
certain rules, in particular those laid down in Regulation
(EEC) No 2131/93;

Whereas, where removal of the barley is delayed by more
than five days or the release of one of the securities
required is delayed for reasons imputable to the interven-
tion agency the Member State concerned must pay
compensation;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

Subject to the provisions of this Regulation the German
intervention agency issues a standing invitation to tender
for the export of barley from harvests prior to 1997 held
by it in accordance with Regulation (EEC) No 2131/93.

(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 293, 16. 11. 1996, p. 1.

1.
The invitation to tender shall cover a maximum of
500 000 tonnes of barley from harvests prior to 1997 for
export to third countries.

The regions in which the 500 000 tonnes of barley
2.
from harvests prior to 1997 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 the
export 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.

Article 8(2) of Regulation (EEC) No 2131/93 shall

3.
not apply.

Article 4

The export licences shall be valid from their date of
1.
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 appli-
cations submitted 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 of the first partial invitation to tender shall be 9
a.m.

(Brussels time) on 4 June 1998.

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.

The last partial invitation to tender shall be 9 a.m.

3.
(Brussels time) on 27 May 1999.

Tenders shall be lodged with the German interven-

4.
tion agency.

Article 6

The

intervention agency,

1.
and the
successful tenderer shall, at the request of the latter and
by common agreement, either before or at the time of

storer

the

(5) OJ L 331, 2. 12. 1988, p. 1.

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Official Journal of the European Communities

30. 5. 98

removal from storage as the successful tenderer chooses,
take reference samples for counter-analysis at the rate of
at least one sample for every 500 tonnes and shall analyse
the samples. The intervention agency may 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 the
successful tenderer’s request or within three working days
if the samples are taken on removal from storage. Where
the 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 lot as
established;

(b) higher than the minimum characteristics laid down
for intervention but below the quality described in the
notice of invitation to tender, providing that the dif-
ferences 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 than 60
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 to
Commission 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 for
noxious grains and ergot, however,
remaining
unchanged,

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 the
notice of invitation to tender, and a difference ex-
ceeding the limits set out in point (b), the successful
tenderer may:

of the quality laid down at no additional charge,
the security shall not be released. The lot must be
the
replaced within three days of
successful
successful
tenderer’s
tenderer shall notify the Commission immediately
thereof in accordance with Annex II;

request. The

the date of

(d) below the minimum characteristics laid down for
intervention, the successful tenderer may not remove
the lot in question. He shall be discharged of all his
obligations relating to the lot in question and the
securities shall be released only once he has informed
the Commission and the intervention agency forth-
with in accordance with Annex II; however, he may
request the intervention agency to supply him with
another lot of intervention barley of the quality laid
down at no additional charge. In that case, the security
shall not be released. The lot must be replaced within
three days of the date of the successful tenderer’s
request. The successful
immediately
inform the Commission thereof in accordance with
Annex II.

tenderer shall

2. However, if the barley is removed before the results
of the analyses are known, all risks shall be borne by the
successful tenderer from the time the lot is removed,
without prejudice to any means of redress of which he
may avail himself against the storer.

If, as a result of

successive replacements,

3.
the
successful tenderer has not received a replacement lot of
the quality laid down within one month of the date of his
request for a replacement, he shall be discharged of all his
obligations and the securities shall be released once he
informed the Commission and the intervention
has
agency forthwith in accordance with Annex II.

4.
Except where the final results of analyses indicate a
quality below the minimum characteristics laid down for
intervention, the costs of taking the samples and con-
ducting the analyses provided for in paragraph 1 but not
of inter-bin transfers shall be borne by the European
Agricultural Guidance and Guarantee Fund (EAGGF) in
respect of up to one analysis per 500 tonnes. The costs of
inter-bin transfers and any additional analyses requested
by the successful tenderer shall be borne by him.

— accept the lot as established, or

Article 7

— refuse to take over

the lot

in question. The
successful tenderer shall be discharged of all his
obligations relating to the lot in question and the
securities
shall be released only once he has
informed the Commission and the intervention
agency forthwith in accordance with Annex II;
however, if he requests the intervention agency to
supply him with another lot of intervention barley

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 par-
ticular the export licence, the removal order referred to in
Article 3(1)(b) of Regulation (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.

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— Cebada de intervención sin aplicación de restitución

ni gravamen, Reglamento (CE) no 1122/98

export licence is issued, with the balance of ECU 20 per
tonne being lodged before removal of the cereals.

— Byg fra intervention uden restitutionsydelse eller

-afgift, forordning (EF) nr. 1122/98

Article 15(2) of Regulation (EEC) No 3002/92 notwith-
standing:

— Interventionsgerste

von Aus-
fuhrerstattungen oder Ausfuhrabgaben, Verordnung
(EG) Nr. 1122/98

ohne Anwendung

— Jqih ˜g paq ˜elbasgr wyq˜ir evaqloc ˜g epistqov ˜gr ˜g

v ˜oqou, jamomisl ˜or (EJ) aqih. 1122/98

— Intervention barley without application of refund or

tax, Regulation (EC) No 1122/98

— Orge d’intervention ne donnant pas lieu à restitution

ni taxe, règlement (CE) no 1122/98

— Orzo d’intervento senza applicazione di restituzione

né di tassa, regolamento (CE) n. 1122/98

— Gerst uit interventie, zonder toepassing van restitutie

of belasting, Verordening (EG) nr. 1122/98

— Cevada de intervenç˜ao sem aplicaç˜ao de uma resti-
tuiç˜ao ou imposiç˜ao, Regulamento (CE) nº 1122/98
johon ei sovelleta vientitukea eikä

— Interventio-ohraa,

vientimaksua, asetus (EY) N:o 1122/98

— Interventionskorn, utan tillämpning av bidrag eller

avgift, förordning (EG) nr 1122/98.

Article 8

1.
The security lodgement pursuant to Article 13 (4) of
Regulation (EEC) No 2131/93 must be released once the
export licences have been issued to the successful ten-
derers.

— the amount of ECU 30 per tonne must be released
within 20 working days of the date on which the
successful
the barley
removed has left the customs territory of the Com-
munity,

tenderer supplies proof

that

— the amount of ECU 20 per tonne must be released
within 15 working days of the date on which the
successful tenderer supplies the proof referred to in
Article 17(3) of Regulation (EEC) No 2131/93.

3.
Except in duly substantiated exceptional cases, in
particular the opening of an administrative enquiry, any
release of the securities provided for in this Article after
the time limits specified in this same Article shall confer
an entitlement to compensation from the Member State
amounting to ECU 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 German intervention agency
shall notify the Commission of tenders received. Such
notification shall be made using the model set out in
Annex III and the telex or fax numbers set out in Annex
IV.

Article 10

2.
The obligation to export to the third countries shall
be covered by a security amounting to ECU 50 per tonne
of which ECU 30 per tonne shall be lodged when the

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, 29 May 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

30. 5. 98

ANNEX I

(tonnes)

Place of storage

Quantity

Schleswig-Holstein/Hamburg/
Niedersachsen/Bremen/
Nordrhein-Westfalen

Hessen/Rheinland-Pfalz/
Baden-Württemberg/Saarland/Bayern

Berlin/Brandenburg/
Mecklenburg-Vorpommern

Sachsen/Sachsen-Anhalt/Thüringen

152 959

21 499

86 021

239 517

ANNEX II

Communication of refusal of lots under the standing invitation to tender for the export of
barley from harvests prior to 1997 held by the German intervention agency

(Article 6(1) of Regulation (EC) No 1122/98)

— Name of successful tenderer:

— Date of award of contract:

— Date of refusal of lot by successful tenderer:

Lot
No

Quantity
in tonnes

Address
of silo

Reason 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

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ANNEX III

Standing invitation to tender for the export of barley from harvests prior to 1997 held by
the German intervention agency

(Regulation (EC) No 1122/98)

1

2

3

4

5

6

7

Tender
No

Consignment
No

Quantity
(tonnes)

Offer price
(ECU/tonne)
(1)

Price increases
(+) or
reductions
(–)
(ECU/tonne)
p.m.

Commercial
costs
(ECU/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)

— telex

— fax

22037 AGREC B,
22070 AGREC B (Greek characters);

296 49 56,
295 25 15.