Commission Regulation (EC) No 1855/1999 of 27 August 1999 opening a standing invitation to tender for the export of sorghum held by the French intervention agency
Date: 1999-08-27
Institutions: European Commission
Subjects: France, award of contract, export, intervention agency, sorghum

28. 8. 1999

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 1855/1999

of 27 August 1999

opening a standing invitation to tender for the export of sorghum held by the French intervention
agency

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 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
49 000 tonnes of sorghum held by the French interven-
tion 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 sorghum is delayed by
more than five days or the release of one of the securi-
ties 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

Subject to the provisions of this Regulation the French inter-
vention agency issues a standing invitation to tender for the
export of sorghum held by it in accordance with Regulation
(EEC) No 2131/93.

Article 2

The invitation to tender shall cover a maximum of

1.
49 000 tonnes of sorghum for export to third countries.

(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.

The regions in which the 49 000 tonnes of sorghum are

2.
stored are set out in Annex I.

Article 3

Notwithstanding the third paragraph of Article 16 of
1.
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.
licence applications
may not be accompanied by export
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 9 September 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 French intervention

4.
agency.

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
tonnes and shall analyse the samples. The intervention agency
may be represented by a proxy, provided this is not the storer.

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

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The analysis results shall be forwarded to the Commission in
the event of a dispute.

Reference samples for counter-analysis shall be taken and
the
analysed within seven working days of
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
of
the differences
having regard to those criteria do not exceed the following
limits:

invitation to tender, providing that

— one percentage point as regards moisture content,

— 0,1 percentage point for the tannin content,

— 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,
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

— 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
sorghum of the quality laid down at no additional
charge, the security shall not be released. The lot must
the
be replaced within three days of
tenderer
successful
shall notify the Commission immediately thereof
in
accordance with Annex II;

tenderer's request. The successful

the date of

(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 sorghum 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 sorghum is removed before the results of
2.
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.

Except where the final results of analyses indicate a
4.
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 tonnes. The costs of inter-bin transfers and any addi-
tional analyses requested by the successful tenderer shall be
borne by him.

Article 7

By derogation from Article 12 of Commission Regulation (EEC)
No 3002/92 (2), the documents relating to the sale of sorghum
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:
— Sorgo de intervención sin aplicación de restitución ni

gravamen, Reglamento (CE) no 1855/1999

— Sorghum fra intervention uden restitutionsydelse eller

-afgift, forordning (EF) nr. 1855/1999

— Interventionssorghum ohne Anwendung von Ausfuhrerstat-
tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 1855/
1999

— Σόργος παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου,

κανονισµός (ΕΚ) αριθ. 1855/1999

— Intervention sorghum without application of refund or tax,

Regulation (EC) No 1855/1999

— Sorgho d'intervention ne donnant pas lieu à restitution ni

taxe, règlement (CE) no 1855/1999

— Sorgo d'intervento senza applicazione di restituzione né di

tassa, regolamento (CE) n. 1855/1999

— Sorghum uit interventie, zonder toepassing van restitutie of

belasting, Verordening (EG) nr. 1855/1999

— Sorgo de intervenção sem aplicação de uma restituição ou

imposição, Regulamento (CE) n.o 1855/1999

— Interventiodurraa, johon ei sovelleta vientitukea eikä vienti-

maksua, asetus (EY) N:o 1855/1999

— Interventionssockerhirs, utan tillämpning av bidrag eller

avgift, förordning (EG) nr 1855/1999.

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.

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

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

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The obligation to export to the third countries shall be
2.
covered by a security amounting to EUR 50 per tonne of
which EUR 30 per tonne shall be lodged when the export
licence is issued, with the balance of EUR 20 per tonne being
lodged before removal of the cereals.
Article 15(2) of Regulation (EEC) No 3002/92 notwithstanding:
— the amount of EUR 30 per tonne must be released within
20 working days of
the date on which the successful
tenderer supplies proof that the sorghum removed has left
the customs territory of the Community,

— the amount of EUR 20 per tonne must be released within
15 working days of
the date on which the successful
tenderer supplies the proof referred to in Article 17(3) of
Regulation (EEC) No 2131/93.

Except in duly substantiated exceptional cases, in partic-
3.
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 per 10 tonnes 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
submission of tenders, the French 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 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, 27 August 1999.

For the Commission

Karel VAN MIERT

Member of the Commission

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ANNEX I

Place of storage

Bordeaux

Lyon

Marseille

Montpellier

Toulouse

(tonnes)

Quantity

10 450

9 590

4 320

7 000

17 640

ANNEX II

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

(Article 6(1) of Regulation (EC) No 1855/1999)

— 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

— % of tannins

— % 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 sorghum held by the French intervention agency

(Regulation (EC) No 1855/1999)

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:

— telex:

296 49 56,
295 25 15,

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