Commission Regulation (EC) No 465/1999 of 3 March 1999 on the sale of 20 200 tonnes of barley held by the Spanish intervention agency for processing in Portugal
Date: 1999-03-03
Institutions: European Commission
Subjects: Portugal, Spain, agro-industry, award of contract, barley, intervention agency

4. 3. 1999

EN

Official Journal of the European Communities

L 56/15

COMMISSION REGULATION (EC) No 465/1999

of 3 March 1999

on the sale of 20 200 tonnes of barley held by the Spanish intervention agency for
processing in Portugal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

last amended by Regulation (EC) No 770/96 (6), is applic-
able;

Having regard to the Treaty establishing the European
Community,

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

Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of the
market in cereals (1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article 5
thereof,

Whereas Portugal is experiencing particular difficulties
feed grain following an
with respect
extremely poor barley harvest
in 1998 as a result of
adverse weather conditions;

to supplies of

Whereas supplies are available in Spain in the form of
intervention barley; whereas this barley does not find its
way to Portugal in view of the long distances and high
transport costs involved;

Whereas, taking into account the supplies of feed grain
available in Spain and their remoteness from areas of
consumption and export ports, the quantities of grain in
question would be extremely difficult to dispose of under
the normal conditions of resale of intervention stocks laid
down in Commission Regulation (EEC) No 2131/93 of 28
July 1993 laying down the procedure and conditions for
the sale of cereals held by intervention agencies (3), as last
amended by Regulation (EC) No 39/1999 (4); whereas
Article 5(4) of that Regulation expressly provides for a
derogation from the normal conditions of resale of inter-
vention stocks under certain circumstances; whereas these
circumstances currently exist; whereas a standing invita-
tion to tender should therefore be opened for 20 200
tonnes of barley held in the region of Salamanca and
Zamora
consumption in Portugal;
whereas this invitation to tender should be subject to
special price conditions;

compulsory

for

Whereas, as regards proof of processing in Portugal,
Commission Regulation (EEC) No 3002/92 of 16 October
1992 laying down common detailed rules for verifying the
use and/or destination of products from intervention (5), as

(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 5, 9. 1. 1999, p. 64.
(5) OJ L 301, 17. 10. 1992, p. 17.

HAS ADOPTED THIS REGULATION:

Article 1

1.
The Portuguese intervention agency, hereinafter
referred to as INGA, shall organise a standing invitation
to tender under the conditions laid down in Regulation
(EEC) No 2131/93 for the resale of 20 200 tonnes of
barley held in the region of Salamanca and Zamora by
the Spanish intervention agency, hereinafter referred to as
FEGA, for disposal in Portugal. The cereals in question
are stored at Pe(cid:157)aranda de Bracamonte (15 850 tonnes),
Alba de Tormes (2 350 tonnes) and Barcial del Barco
(2 000 tonnes).

2. Without prejudice to Regulation (EEC) No 2131/93,
the following special rules shall apply to this invitation to
tender:

— for the first invitation to tender, tenderers may not

submit tenders for more than 1 500 tonnes,

— tenders shall be drawn up with reference to the actual

quality of the lot to which they relate,

— tenderers shall undertake to process the quantities of

barley awarded to them in Portugal,

— processing shall be carried out by 30 September 1999
at the latest, except in cases of force majeure,

— a security of a EUR 20 per tonne shall be lodged with
the Portuguese intervention agency by successful
tenderers to ensure compliance with the conditions
laid down in the third and fourth indents. This
security shall be lodged at
the latest within two
working days of receipt of the statement of award of
contract,

— INGA shall notify FEGA of the tenders which have
been accepted and for which payment has been made.

3. Notwithstanding Article 5(1) of Regulation (EEC)
No 2131/93, the highest tender exceeding the minimum
price of EUR 110 per tonne shall be accepted.

(6) OJ L 104, 27. 4. 1996, p. 13.

L 56/16

EN

Official Journal of the European Communities

4. 3. 1999

Article 2

1.
Securities as referred to in the fifth indent of Article
1(2) shall be released where they cover quantities in
respect of which the tenderers provide proof:

— of processing in Portugal by 30 September 1999 at the

latest, except in cases of force majeure,
or

— that the product is no longer fit for human or animal

consumption.

2.
Proof that the cereals covered by this Regulation
have been processed shall be furnished before 1 January
2000 in accordance with Regulation (EEC) No 3002/92.
However, processing shall be deemed to have taken place
once the barley has been delivered to a store in Portugal.

3.
In addition to the endorsements provided for in
Regulation (EEC) No 3002/92, box 104 of the T 5 control
copy must bear one or more of the following:

— Destinados a la transformaci(cid:155)n [Reglamento (CE) no

465/1999]

— Til forarbejdning (forordning (EF) nr. 465/1999)
— Zur Verarbeitung bestimmt

(Verordnung (EG) Nr.

465/1999)

— Pqooq(cid:148)fomtai cia letapo(cid:148)gsg [Jamomisl(cid:149)r (EJ) aqih.

465/1999]

— For processing (Regulation (EC) No 465/1999)
— Destin(cid:130)es (cid:133) la transformation [r(cid:138)glement (CE) no 465/

1999]

— Destinate alla trasformazione [regolamento (CE) n.

465/1999]

— Bestemd om te worden verwerkt (Verordening (EG)

nr. 465/1999)

— Para transforma(cid:135)(cid:209)o [Regulamento (CE) nº 465/1999]
— Tarkoitettu jalostukseen [Asetus (EY) N:o 465/1999]
— F(cid:148)r bearbetning (f(cid:148)rordning (EG) nr 465/1999).

The final date for the submission of

tenders in
2.
response to the final partial invitation to tender shall be
29 April 1999.

Tenders must be submitted to the Portuguese inter-

3.
vention agency:

Instituto Nacional de Interven(cid:135)(cid:209)o e Garantia Agr(cid:146)cola
Rua Fernando Curado Ribeiro 4G
P-1600 Lisboa
Tel.:
Fax:

(351) 1 751 85 00
(351) 1 751 86 00.

Article 4

The quantities of barley awarded shall be made available
to successful tenderers by FEGA as soon as it receives the
notification referred to in the sixth indent of Article 1(2).

Article 5

The Portuguese intervention agency shall
transfer the
amounts received for the tenders awarded under this
Regulation to the Spanish intervention agency within 10
days of receipt of those amounts.

Article 6

inform the
The Portuguese intervention agency shall
Commission, by the Tuesday of the week following the
final date for the submission of tenders at the latest, of the
average prices of the various lots and the quantities sold.

Article 3

Article 7

The final date for the submission of

1.
tenders in
response to the first partial invitation to tender shall be 18
March 1999.

This Regulation shall enter into force on the third day
following 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, 3 March 1999.

For the Commission

Franz FISCHLER

Member of the Commission