Commission Regulation (EC) No 1704/1999 of 30 July 1999 opening a standing invitation to tender for the export of common wheat of breadmaking quality held by the United Kingdom intervention agency
Date: 1999-07-30
Institutions: European Commission
Subjects: United Kingdom, award of contract, cereals of bread-making quality, common wheat, export, intervention agency

L 201/46

EN

Official Journal of the European Communities

31. 7. 1999

COMMISSION REGULATION (EC) No 1704/1999

of 30 July 1999

opening a standing invitation to tender for the export of common wheat of breadmaking quality
held by the United Kingdom intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

quality held by it in accordance with Regulation (EEC) No
2131/93.

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 Regulation (EC) No 1253/
1999 (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, given the current market situation, a standing
invitation to tender should be opened for the export of
42 768 t of common wheat of breadmaking quality
held by the United Kingdom intervention agency;

(3) 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;

(4) Whereas, where removal of

the common wheat of
breadmaking quality 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;

(5) 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

to the provisions of

Subject
this Regulation the United
Kingdom intervention agency issues a standing invitation to
tender for the export of common wheat of breadmaking

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 160, 26.6.1999, p. 18.
(3) OJ L 191, 31.7.1993, p. 76.
(4) OJ L 5, 9.1.1999, p. 64.

Article 2

The invitation to tender shall cover a maximum of
1.
42 768 t of common wheat of breadmaking quality for export
to third countries.

The regions in which the 42 768 t of common wheat of

2.
breadmaking quality 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 Regulation.

Article 8(2) of Regulation (EEC) No 2131/93 shall not

3.
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.

Tenders submitted in response to this invitation to tender
2.
may not be accompanied by export
licence applications
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 5 August 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. (Brus-

3.
sels time) on 30 September 1999.

Tenders shall be lodged with the United Kingdom inter-

4.
vention agency.

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

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Article 6

1.
The intervention agency, the storer 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 t 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
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:

the date of

(a) higher than that specified in the notice of invitation to
tender, the successful tenderer must accept the lot as estab-
lished;

(b) higher than the minimum characteristics laid down for
intervention but below the quality described in the notice
the differences
of
having regard to those criteria do not exceed the following
limits:

invitation to tender, providing that

— two kg per hectolitre as regards specific weight, which

must not, however, be less than 72 kg/hl,

— one percentage point as regards moisture content,

— 20 percentage points for the Hagberg falling index,

— half a percentage point as regards impurities as speci-
fied 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 speci-
fied 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 established;

(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

common wheat of breadmaking quality of the quality
laid down at no additional charge, 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 tenderer shall notify the Commission imme-
diately thereof in accordance with Annex II;

(d) below the minimum characteristics laid down for interven-
tion, 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 forthwith in accordance with
Annex II; however, he may request the intervention agency
to supply him with another lot of intervention common
wheat of breadmaking quality 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
tenderer shall immediately inform the Commission thereof
in accordance with Annex II.

However, if the common wheat of breadmaking quality is
2.
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.

3.
If, as a result of successive replacements, 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 accord-
ance with Annex II.

4.
Except where the final results of analyses indicate a
quality below the minimum characteristics laid down for inter-
vention, the costs of taking the samples and conducting 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 t. The costs of inter−bin transfers and any additional
analyses requested by the successful tenderer shall be borne by
him.

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

By derogation from Article 12 of Commission Regulation (EEC)
No 3002/92 (2), the documents relating to the sale of wheat of
breadmaking quality 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:

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

(2) OJ L 301, 17.10.1992, p. 17.

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— Trigo blando panificable de intervención sin aplicación de
restitución ni gravamen, Reglamento (CE) no 000/1999
— Bageegnet blød hvede fra intervention uden restitutionsy-

delse eller −afgift, forordning (EF) nr. 000/1999
— Interventions−Brotweichweizen ohne Anwendung

von
Ausfuhrerstattungen oder Ausfuhrabgaben, Verordnung
(EG) Nr. 000/1999

— Μαλακός αρτοποιήσιµος σίτος παρέµβασης χωρίς εφαρµογή
επιστροφής ή φόρου, κανονισµός (ΕΚ) αριθ. 000/1999
— Intervention common wheat of breadmaking quality
tax, Regulation (EC)

refund or

without application of
No 000/1999

— Blé tendre d'intervention panifiable ne donnant pas lieu à

restitution ni taxe, règlement (CE) no 000/1999

— Frumento tenero d'intervento panificabile senza applica-
regolamento (CE)

restituzione né di

tassa,

zione di
n. 000/1999

— Zachte tarwe van bakkwaliteit uit

interventie, zonder
toepassing van restitutie of belasting, Verordening (EG)
nr. 000/1999

— Trigo mole panificável de intervenção sem aplicação de
(CE)

imposição, Regulamento

restituição

ou

uma
n.o 000/1999

— Interventioleipävehnää,

johon ei sovelleta vientitukea eikä

vientimaksua, asetus (EY) N:o 000/1999

— Interventionsvete, av brödkvalitet, utan tillämpning av

bidrag eller avgift, förordning (EG) nr 000/1999.

Article 8

The security lodgement pursuant

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

Notwithstanding Article 17 of Regulation (EEC) No
2.
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/t. 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
the
which the successful
the
cereals removed have left
Community,

that
the customs territory of

tenderer provides proof

— the remainder must be released within 15 working days of
the date on which the successful tenderer provides the
proof referred to in Article 17(3) of Regulation (EEC) No
2131/93.

3.
Except in duly substantiated exceptional cases, in partic-
ular 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
to
EUR 0,015/10 t for each day's delay.

amounting

State

This compensation shall not be charged to the EAGGF.

Article 9

Within two hours of the expiry of the time limit for the
the United Kingdom intervention
submission of
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.

tenders,

Article 10

This Regulation shall enter into force on the day of its publica-
tion 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, 30 July 1999.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

L 201/49

Place of storage

Lincolnshire

Northamptonshire

West Sussex

ANNEX I

ANNEX II

(tonnes)

Quantity

25 346

15 355

2 067

Communication of refusal of lots under the standing invitation to tender for the export of common wheat of
breadmaking quality held by the intervention agency

(Article 6(1) of Regulation (EC) No 1704/1999)

— Name of successful tenderer:

— Date of award 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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Official Journal of the European Communities

31. 7. 1999

ANNEX III

Standing invitation to tender for the export of common wheat of breadmaking quality held by the United
Kingdom intervention agency

(Regulation (EC) No 1704/1999)

1

2

3

4

5

6

7

Tender No

Consignement
No

Quantity
(tonnes)

Offer price
(EUR/t)

Price increases
(+)
reductions
(–)
(EUR/t)
(p.m.)

Commercial
costes
(EUR/t)

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:

— telex:

296 49 56
295 25 15,

22037 AGREC B
22070 AGREC B (Greek characters).