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
Date: 1999-03-11
Institutions: European Commission
Subjects: ACP countries, Germany, award of contract, common wheat, export, intervention agency

12. 3. 1999

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Official Journal of the European Communities

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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 European
Community,

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 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
cereals held by intervention agencies;

Whereas, with a view to supplying the markets of the
ACP countries,
the Community,
favoured partners of
significant quantities of common wheat are required;
whereas these markets are usually supplied on the basis of
regular contracts to ensure stable prices for the ACP
countries over a certain period; whereas it is therefore
necessary to issue a specific invitation to tender to ensure
that users in these countries have access to common
wheat of breadmaking quality under conditions appro-
priate to the highly competitive situation on the world
market;

Whereas the German intervention agency holds stocks of
common wheat of breadmaking quality; whereas part of
the wheat coming from the intervention stocks held by
the aforementioned agency should therefore be resold to
the ACP countries to meet their quantitative and qualita-
tive needs; whereas
successfully
tendered for must be exported to the countries of destina-
tion by 31 August 1999 at the latest;

the common wheat

Whereas the specific nature of the operation and the
accounting position of the common wheat in question
require greater flexibility in the mechanisms and obliga-
tions governing the resale of intervention stocks and also
require exclusion of any refund, tax or monthly increase;
whereas special procedures must be laid down to ensure
that the operations and their monitoring are properly

(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.

effected; whereas to that end provision should be made
for a security lodgment scheme which ensures that the
aims are met while avoiding excessive costs for the opera-
tors; whereas derogations should accordingly be made to
certain 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 securities
required is delayed, for reasons imputable to the interven-
tion agency the Member State concerned will have to 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

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 ACP
States listed in Annex I.

3.
The regions in which the 200 000 tonnes of German
common wheat of breadmaking quality are stored are
listed 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:

(5) OJ L 331, 2. 12. 1988, p. 1.
(6) OJ L 19, 26. 1. 1999, p. 4.

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— 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 partial
invitation to tender.

Article 2

Subject to the provisions of this Regulation, the sales of
common wheat of breadmaking quality referred to in
Article 1 shall take place in accordance with the pro-
cedure and conditions laid down by Regulation (EEC) No
2131/93.

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.

Tenders must be submitted to the German interven-

3.
tion agency.

Article 4

The proof provided for in the first indent shall also indi-
cate the quality provided for in the contract, the time
limit for delivery and the price terms.

The Member State shall send the Commission a copy of
the said proof forthwith, for information.

Tenders may not exceed the quantity laid down in

2.
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 this
Regulation.

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 was
submitted. However, up to a limit of 30 % of the quantity
for which the licence was issued, the operator may effect
his contract at another destination on condition that it
belongs to the same group of countries listed in Annex I.

The export licences shall be issued as soon as the

4.
successful tenderers have been selected.

5.
Article 9 of Regulation (EEC) No 3719/88 notwith-
standing, the rights deriving from the licence referred to
in this Article shall not be transferable.

Article 6

the

The

storer

intervention agency,

1.
and the
successful tenderer, if he so wishes, shall, by common
agreement, either before or at the moment of removal
take
from storage, as the successful
reference samples 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.

tenderer chooses,

1.

Tenders shall only be admissible if:

— the tenderer provides written proof from an official
body in the ACP country of destination or a company
having its overseas subsidiary in the said country, that
he has concluded for the quantity in question a
commercial supply contract for common wheat for
export to an ACP State or to several States within one
of the groups of ACP States listed in Annex I. That
contract may cover only those deliveries to be made
during the period April to August 1999 for quantities
traditionally supplied; such proof shall be lodged with
the competent authorities at least two working days
invitation to tender
the partial
before the date of
against which the tender is to be submitted,

— they are accompanied by an application for an export

licence for the destination in question.

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’s
request or within three working days if the samples were
taken on removal from storage. If the final result of the
sample analyses indicates a quality:

(a) greater than that specified in the notice of invitation
to tender, the successful tenderer must accept the lot
as established;

(b) greater than the minimum characteristics required for
intervention but below the quality described in the
notice of
invitation to tender, with the difference
remaining within a limit of up to:

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— 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 Commission
Regulation (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 noxious
grains 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 the
invitation to tender with the difference
notice of
the
surpassing the limit referred to in point
successful tenderer may:

(b),

— either accept the lot as established,

relating to the

— or refuse to take over the lot in question. The
successful tenderer shall be released from all his
obligations
in question,
lot
including the
securities, only once he has
informed the Commission and the intervention
agency forthwith, in accordance with Annex V;
however, if he requests the intervention agency to
supply him with another lot of intervention bread-
making wheat of the quality laid down, and that
without additional charges, the security shall not
be released. The lot must be replaced within a
maximum of
the
successful
successful
tenderer shall immediately inform the Commis-
sion thereof in accordance with Annex V;

three days from the date of
request. The

tenderer’s

(d) below the minimum characteristics required for inter-
vention, the successful tenderer may not remove the
lot in question. He shall be released from all his
obligations relating to the lot in question, including
the securities, only once he has
informed the
Commission and the intervention agency forthwith, in
accordance with Annex V; however, he may request
the intervention agency to supply him with another
lot of intervention breadmaking wheat of the quality
laid down, without additional charges. In this case, the
security shall not be released. The lot must be
replaced within a maximum of three days from the
tenderer’s
date of
request. The
immediately inform the
successful
Commission thereof in accordance with Annex V.

successful
shall

the
tenderer

2. However,
is removed
before the results of the analysis are known, all risks shall
be borne by the successful tenderer from the time of

the breadmaking wheat

if

removal of the lot, without prejudice to the forms of
recourse the successful tenderer may have against the
storer.

If, after

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

4.
The costs of the taking of samples and the analyses
referred to in paragraph 1, except those where the final
result of the analyses produces a quality inferior to the
minimum characteristics required for intervention, shall
be borne by the EAGGF up to a maximum of one
analysis 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 by
him.

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 payment
due for each of the lots to be removed shall be indivisible.

Article 8

The security lodged pursuant

1.
to Article 13(4) of
Regulation (EEC) No 2131/93 must be released once the
licences have been issued to the successful
export
tenderers.

2.
The obligation to export and import into one of the
countries of destination listed in Annex I shall be covered
by a security amounting to EUR 50 per tonne of which
EUR 15 per tonne shall be lodged upon issue of the
export licence, with the balance of EUR 35 being lodged
before 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 the
the wheat
successful
removed has
the
Community,

tenderer supplies proof

the customs

territory of

that

left

tenderer

— the amount of EUR 35 per tonne must be released
within 15 working days of the date on which the
successful
entry for
consumption into the ACP State or States referred to
in 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).

supplies proof of

(1) OJ L 74, 20. 3. 1992, p. 18.

(2) OJ L 301, 17. 10. 1992, p. 17.
(3) OJ L 351, 14. 12. 1987, p. 1.

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Except in duly substantiated exceptional cases, in
3.
particular the opening of an administrative enquiry, any
release of the securities provided for in this Article after
the limits specified in this same Article shall confer an
to compensation from the Member State
entitlement
amounting 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 common
wheat in accordance with this Regulation and in partic-
ular the export licence, the removal order referred to in
Article 3(1)(b) of Regulation (EEC) No 3002/92,
the
export declaration and, where appropriate, the T5 control
copy must bear the words:

— Trigo blando panificable de intervenci(cid:155)n sin aplica-
ci(cid:155)n de restituci(cid:155)n ni gravamen, destinado a (nombre
del Estado o de los Estados ACP), Reglamento (CE) no
533/1999

— Bageegnet blød hvede fra intervention uden restitu-
tionsydelse eller -afgift bestemt for (navnet p(cid:134) det eller
de p(cid:134)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(cid:149)r aqtopoi(cid:147)silor s(cid:148)tor paq(cid:146)lbasgr, wyq(cid:148)r
evaqloc(cid:147) epistqov(cid:147)r (cid:147) v(cid:149)qou pqooqif(cid:149)lemor cia
((cid:149)mola tgr w(cid:150)qar AJE (cid:147) tym wyq(cid:150)m AJE), jamomisl(cid:149)r
(EJ) aqih. 533/1999

— Intervention common wheat of breadmaking quality
without application of refund or tax, bound for (name
of the ACP State or States), Regulation (EC) No 533/
1999

— Bl(cid:130) tendre d’intervention panifiable ne donnant pas
lieu (cid:133) restitution ni (cid:133) taxe, destin(cid:130) (cid:133) (nom de l’(cid:144)tat
ACP ou des (cid:144)tats ACP), r(cid:138)glement (CE) no 533/1999
— Frumento tenero d’intervento panificabile senza appli-
cazione di restituzione o di tassa, destinato al (nome
del 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(cid:145)vel de interven(cid:135)(cid:209)o sem aplica(cid:135)(cid:209)o
de uma restitui(cid:135)(cid:209)o, ou imposi(cid:135)(cid:209)o destinado a (nome
do Estado ou dos Estados ACP), Regulamento (CE) nº
533/1999

— Interventioleip(cid:132)vehn(cid:132)(cid:132),

jolle ei makseta vientitukea
eik(cid:132) vientimaksua ja jonka m(cid:132)(cid:132)r(cid:132)paikka on (AKT-
maan nimi tai AKT-maiden nimet), asetus (EY) N:o
533/1999

— Interventionsvete av br(cid:148)dkvalitet, ej utan bidrag eller
(AVS-statens eller AVS-staternas

avgift avsett
namn), f(cid:148)rordning (EG) nr 533/1999.

f(cid:148)r

Article 10

1.
The German intervention agency shall inform the
Commission of the tenders received within three hours of
the expiry of the time limit for submitting tenders. The
information must be sent in the form laid down in Annex
III 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 to
this 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

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ANNEX I

Groups of ACP States signatories to the Lom(cid:130) Convention

Group I

Group II

Group III

Mauritania
Mali
Niger
Senegal
Gambia
Guinea-Bissau
Guinea
Cape Verde
Sierra Leone
Liberia
C(cid:147)te d’Ivoire
Ghana
Togo

Chad
Central African Republic
Benin
Cameroon
Equatorial Guinea
S(cid:209)o Tom(cid:130) and Pr(cid:146)ncipe
Gabon
Congo
Democratic Republic of Congo
Rwanda
Burundi
Burkina Faso

ANNEX II

Seychelles
Comoros
Madagascar
Mauritius
Angola
Zambia
Malawi
Mozambique
Namibia
Botswana
Zimbabwe
Lesotho
Swaziland
Djibouti
Ethiopia
Eritrea

(tonnes)

Region of storage

Quantities

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

Hessen/Rheinland-Pfalz/
Baden-W(cid:129)rttemberg/Saarland/Bayern

Berlin/Brandenburg/
Mecklenburg-Vorpommern

Sachsen/Sachsen-Anhalt/Th(cid:129)ringen

120 000

25 000

17 000

38 000

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ANNEX 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

4

5

6

7

Registration
number of
the tenderer

Lot
number

Quantity
in tonnes

Offer price
(EUR/tonne)
(1)

Increases (+)
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 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:

— fax:

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

296 49 56,
295 25 15.

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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)

(cid:190) Name of successful tenderer:

(cid:190) Date of award of contract:

(cid:190) Date of refusal of lot by successful tenderer:

Lot
No

Quantity
in tonnes

Address
of silo

Reason for refusal to take over

(cid:190) Specific weight (kg/hl)

(cid:190) % sprouted grains

(cid:190) % miscellaneous impurities (Schwarzbesatz)

(cid:190) % of matter which is not wheat of unimpaired

quality

(cid:190) Other