Commission Regulation (EC) No 1185/1999 of 8 June 1999 opening a standing invitation to tender for the export of barley held by the Spanish intervention agency
Date: 1999-06-08
Institutions: European Commission
Subjects: Spain, award of contract, barley, export, intervention agency

9. 6. 1999

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Official Journal of the European Communities

L 144/7

COMMISSION REGULATION (EC) No 1185/1999

of 8 June 1999

opening a standing invitation to tender for the export of barley held by the
Spanish intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

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,

(1) 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;

(2) Whereas a standing invitation to tender should be
opened for the export of 375 000 tonnes of barley
held by the Spanish intervention agency;

therefore,

(3) Whereas the invitation to tender for the export of
intervention stocks is unusual in that it will also
operate at the end of the marketing year, i.e. in
in the case of
June 1999; whereas,
tenders made between 17 and 30 June 1999, deliv-
eries will be possible only from 1 July 1999;
whereas provision must accordingly be made to
derogate from the first paragraph of Article 16 of
Regulation (EEC) No 2131/93, which stipulates
that payments must be made no later than one
month after acceptance of the tender;

(4) 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 deroga-
tions should accordingly be made to certain rules,
in particular those laid down in Regulation (EEC)
No 2131/93;

(5) 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 intervention agency the Member State
concerned must pay compensation;

(6) Whereas the measures provided for in this Regula-
tion are in accordance with the opinion of the
Management Committee for Cereals,

(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.

Article 1

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

Article 2

1.
The invitation to tender shall cover a maximum of
375 000 tonnes of barley for export to third countries,
with the exception of
the United States of America,
Canada and Mexico.

the customs export

However,
tenders
submitted on or after 17 June 1999 shall be completed
only on or after 1 July 1999.

formalities

for

The regions in which the 375 000 tonnes of barley

2.
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

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.

Between 17 and 30 June 1999, tenders submitted
2.
under this invitation to tender shall not be admissible
unless they are accompanied by a written undertaking to
export only on or after 1 July 1999. The tenders may not
be accompanied by applications
licences
submitted under Article 44 of Commission Regulation
(EEC) No 3719/88 (5).

for export

(5) OJ L 331, 2.12.1988, p. 1.

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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 10 June 1999.

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 30 September 1999.

Tenders shall be lodged with the Spanish interven-

4.
tion agency.

Article 6

In the case of tenders submitted between 17 and 30 June
1999, the following conditions shall apply:
 notwithstanding the first paragraph of Article 16 of
Regulation (EEC) No 2131/93, the cereals must be
paid for by 31 July 1999, at the latest.

 notwithstanding the third paragraph of Article 16 of
Regulation (EEC) No 2131/93, the price to be paid for
the export shall be that indicated in the tender.

Article 7

In the case of licences applied for between 17 and 30
June 1999, without prejudice to Article 17(3) of Regula-
tion (EEC) No 2131/93, the security referred to in the
second indent of Article 17(2) of that Regulation shall be
released of Article 17(2) of
that Regulation shall be
released only when proof is provided that the customs
export formalities were completed on or after 1 July 1999.

Article 8

the

The

storer

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
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 analyses results shall be forwarded to the Commis-
sion 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
the
notice of

invitation to tender, providing that

differences 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
exceeding the limits set 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
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
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.

(1) OJ L 74, 20.3.1992, p. 18.

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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
has
informed the Commission and the intervention
agency forthwith in accordance with Annex II.

the costs of

4.
Except where the final results of analyses indicate a
quality below the minimum characteristics laid down for
intervention,
and
conducting the analyses provided for in paragraph 1 but
not of inter-bin transfers shall be borne by the 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.

taking the samples

Article 9

By derogation from Article 12 of Commission Regulation
(EEC) No 3002/92 (1), the documents relating to the sale
of barley in accordance with this Regulation, and in
particular 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:

 Cebada de intervención sin aplicación de restitución

ni gravamen, Reglamento (CE) no 1185/1999

 Byg fra intervention uden restitutionsydelse eller

-afgift, forordning (EF) nr. 1185/1999

 Interventionsgerste ohne Anwendung von Ausfuhrer-
stattungen oder Ausfuhrabgaben, Verordnung (EG)
Nr. 1185/1999

 Κριθ(cid:5) παρ(cid:8)µβαση(cid:13) χωρ(cid:16)(cid:13)

εφαρµογ(cid:5) επιστροφ(cid:5)(cid:13) (cid:5)

φ(cid:22)ρου, κανονισµ(cid:22)(cid:13) (ΕΚ) αριθ. 1185/1999

 Intervention barley without application of refund or

tax, Regulation (EC) No 1185/1999

 Orge d’intervention ne donnant pas lieu à restitution

ni taxe, règlement (CE) no 1185/1999

 Orzo d’intervento senza applicazione di restituzione

né di tassa, regolamento (CE) n. 1185/1999

 Gerst uit interventie, zonder toepassing van restitutie
of belasting, Verordening (EG) nr. 1185/1999
 Cevada de intervenção sem aplicação de uma resti-
tuição ou imposição, Regulamento (CE) n.o 1185/1999
 Interventio-ohraa, johon ei sovelleta vientitukea eikä

vientimaksua, asetus (EY) N:o 1185/1999

 Interventionskorn, utan tillämpning av bidrag eller

avgift, förordning (EG) nr 1185/1999.

Article 10

1.
The security lodgement pursuant 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. Notwithstanding Article 17 of Regulation (EEC) No
2131/93, the obligation to export shall be covered by a
security equal to the difference between the intervention
price applying on the day of the award and the price
awarded but not less than EUR 10 per tonne. Half of the
security shall be lodged when the licence is issued and
the balance shall be lodged before the cereals are
removed.

Notwithstanding Article 15(2) of Regulation (EEC) No
3002/92:
 the part of the security lodged when the licence is
issued must be released within 20 working days of the
date on which the successful tenderer provides proof
that the cereals removed have left the customs terri-
tory of the Community.

Notwithstanding Article 17(3) of Regulation (EEC) No
2131/93:
 the remainder must be released within 15 working
days of the date on which the successful tenderer
provides
referred to in Article 18 of
Commission Regulation (EEC) No 3665/87 (2).

the proof

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 EUR 0,015 per 10 tonnes for each day’s
delay.

This compensation shall not be charged to the European
Agricultural Guidance and Guarantee Fund (EAGGF).

Article 11

Within two hours of the expiry of the time limit for the
submission of tenders, the Spanish 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 12

This Regulation shall enter into force on the day of its
publication in the Official Journal of the European
Communities.

(1) OJ L 304, 17.10.1992, p. 17.

(2) OJ L 351, 14.12.1987, p. 1.

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This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 8 June 1999.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

Place of storage

Álava

Aragón

Castilla-La Mancha

Castilla y León

La Rioja

Navarra

(tonnes)

Quantity

2 000

60 900

32 710

236 330

3 000

40 060

ANNEX II

Communication of refusal of lots under the standing invitation to tender for the export of
barley held by the Spanish intervention agency

(Article 8(1) of Regulation (EC) No 1185/1999)

 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 held by the Spanish intervention
agency

(Regulation (EC) No 1185/1999)

1

2

3

4

5

6

7

Tender No

Consignment
No

Quantity
(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 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)
 fax:

296 49 56,
295 25 15,

 telex:

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