Commission Regulation (EC) No 1293/2000 of 20 June 2000 opening a standing invitation to tender for the export of maize held by the Austrian intervention agency
Date: 2000-06-20
Institutions: European Commission
Subjects: Austria, award of contract, export, intervention agency, maize

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COMMISSION REGULATION (EC) No 1293/2000

of 20 June 2000

opening a standing invitation to tender for the export of maize held by the Austrian 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,

Whereas:

(1)

(2)

(3)

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.

Given the current market situation, a standing invitation
to tender should be opened for the export of 51 000
tonnes of maize held by the Austrian intervention
agency.

Special procedures must be laid down to ensure that the
operations and their monitoring are properly effected.
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. Deroga-
tions should accordingly be made to certain rules,
in
particular those laid down in Regulation (EEC) No 2131/
93.

(4) Where removal of the maize 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
concerned must pay
State
compensation.

the Member

(5)

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

Article 2

The invitation to tender shall cover a maximum of
1.
51 000 tonnes of maize for export to Slovenia and Poland.

(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 51 000 tonnes of maize are

2.
stored are set out at 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

Notwithstanding Article 7(1) of Regulation (EEC) No
1.
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 22 June 2000.

The time limit for submission of tenders in respect of
2.
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 13 July 2000.

Tenders shall be lodged with the Austrian 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.

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

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

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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

— one percentage point as regards moisture 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
and ergot, however, remaining unchanged,

request. The successful tenderer shall immediately inform
the Commission thereof in accordance with Annex II.

2.
However, if the maize 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.

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 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.

the successful tenderer must accept the lot as established;

Article 7

(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
maize 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 immediately 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 maize 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

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

By derogation from Article 12 of Regulation (EEC) No 3002/
92, the documents relating to the sale of maize 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:

— Maíz de intervención sin aplicación de restitución ni

gravamen, Reglamento (CE) no 1293/2000

— Majs fra intervention uden restitutionsydelse eller -afgift,

forordning (EF) nr. 1293/2000

— Interventionsmais ohne Anwendung von Ausfuhrerstat-
tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 1293/
2000

— Καλαµπόκι παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου,

κανονισµός (ΕΚ) αριθ. 1293/2000

— Intervention maize without application of refund or tax,

Regulation (EC) No 1293/2000

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

taxe, règlement (CE) no 1293/2000

— Granturco d'intervento senza applicazione di restituzione

né di tassa, regolamento (CE) n. 1293/2000

— Maïs uit interventie, zonder toepassing van restitutie of

belasting, Verordening (EG) nr. 1293/2000

— Milho de intervenção sem aplicação de uma restituição ou

imposição, Regulamento (CE) n.o 1293/2000

— Interventiomaissi, johon ei sovelleta vientitukea eikä vienti-

maksua, asetus (EY) N:o 1293/2000

— Interventionsmajs, utan tillämpning av bidrag eller avgift,

förordning (EG) nr 1293/2000.

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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.

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 Commission Regulation (EEC) No 3002/92 (1)
notwithstanding:

— the amount of EUR 30 per tonne must be released within
the date on which the successful
20 working days of
tenderer supplies proof that the maize 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 European Agri-
cultural Guidance and Guarantee Fund (EAGGF).

Article 9

Within two hours of the expiry of the time limit for the
submission of tenders, the Austrian 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, 20 June 2000.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX I

Place of storage

Niederösterreich/Wien/nördl. Burgenland

Steiermark/Kärnten

(tonnes)

Quantities

32 260

18 740

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

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ANNEX II

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

(Article 6(1) of Regulation (EC) No 1293/2000)

— 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

— % sprouted grains

— % miscellaneous impurities (Schwarzbesatz)

— % of matter which is not basic cereal of unimpaired

quality

— Other

ANNEX III

Standing invitation to tender for the export of maize held by the Austrian intervention agency

(Regulation (EC) No 1293/2000)

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 and reductions relating to the lot to which the tender refers.

ANNEX IV

The only numbers to use to call Brussels are (DG AGRI/C-1):

— telex:

— fax:

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

296 49 56,
295 25 15.