COMMISSION REGULATION (EC) No 935/1999 of 4 May 1999 on the sale of 40000 tonnes of barley held by the Spanish intervention agency for processing in Portugal
Date: 1999-05-04
Institutions: European Commission
Subjects: Portugal, Spain, agro-industry, award of contract, barley, intervention agency

5. 5. 1999

EN

Official Journal of the European Communities

L 117/7

COMMISSION REGULATION (EC) No 935/1999

of 4 May 1999

on the sale of 40 000 tonnes of barley held by the Spanish intervention agency for
processing in Portugal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

from intervention (5), as last amended by Regula-
tion (EC) No 770/96 (6), is applicable;

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,

(1) Whereas Portugal is experiencing particular diffi-
feed grain
culties with respect
following an extremely poor barley harvest in 1998
as a result of adverse weather conditions;

to supplies of

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

in view of

(3) Whereas, taking into account the supplies of feed
grain available in Spain and their remoteness from
areas of consumption and export ports, the quant-
ities of grain in question would be extremely diffi-
cult to dispose of under the normal conditions of
resale of intervention stocks laid down in Commis-
sion 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 condi-
tions of resale of intervention stocks under certain
circumstances;
circumstances
currently exist; whereas a standing invitation to
tender
should therefore be opened for 40 000
tonnes of barley held in the region of Palencia and
Burgos for compulsory consumption in Portugal;
whereas this invitation to tender should be subject
to special price conditions;

whereas

these

(4) 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

(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) Whereas the Management Committee for Cereals
has not delivered an opinion within the time limit
set by its chairman,

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 40 000 tonnes of
barley held in the region of Palencia and Burgos by the
Spanish intervention agency, hereinafter referred to as
FEGA, for disposal in Portugal.

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

(cid:190) for the first invitation to tender, tenderers may not

submit tenders for more than 1 500 tonnes,

(cid:190) tenders shall be drawn up with reference to the actual

quality of the lot to which they relate,

(cid:190) tenderers shall undertake to process the quantities of

barley awarded to them in Portugal,

(cid:190) processing shall be carried out by 30 September 1999
at the latest, except in cases of force majeure,

(cid:190) 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,

(cid:190) 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.

(5) OJ L 301, 17.10.1992, p. 17.
(6) OJ L 104, 27.4.1996, p. 13.

L 117/8

EN

Official Journal of the European Communities

5. 5. 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:

(cid:190) of processing in Portugal by 30 September 1999 at the

latest except in cases of force majeure,
or

(cid:190) 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:

(cid:190) Destinados a la transformaci(cid:155)n [Reglamento (CE)

no 935/1999]

(cid:190) Til forarbejdning (forordning (EF) nr. 935/1999)
(cid:190) Zur Verarbeitung
Nr. 935/1999)

(Verordnung

bestimmt

(EG)

(cid:190) Pqooq(cid:148)fomtai cia letapo(cid:148)gsg [Jamomisl(cid:149)r (EJ) aqih.

935/1999]

(cid:190) For processing (Regulation (EC) No 935/1999)
(cid:190) Destin(cid:130)es (cid:133) la transformation [r(cid:138)glement (CE) no 935/

1999]

(cid:190) Destinate alla trasformazione [regolamento (CE) n.

935/1999]

(cid:190) Bestemd om te worden verwerkt (Verordening (EG)

nr. 935/1999)

(cid:190) Para transforma(cid:135)(cid:209)o [Regulamento (CE) n.o 935/1999]
(cid:190) Tarkoitettu jalostukseen [Asetus (EY) N:o 935/1999]
(cid:190) F(cid:148)r bearbetning (f(cid:148)rordning (EG) nr 935/1999).

The final date for the submission of

tenders in
2.
response to the final partial invitation to tender shall be
27 May 1999.

Tenders must be submitted to the Portuguese inter-

3.
vention agency:

Instituto Nacional de Interven(cid:135)(cid:209)o de Garantia Agr(cid:146)cola
Rua Fernando Curado Ribeiro 4G
P-1600 Lisboa
Tel.
(351-1) 751 85 00
Fax (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 13
May 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, 4 May 1999.

For the Commission

Franz FISCHLER

Member of the Commission