Commission Regulation (EC) No 931/2001 of 11 May 2001 on the issuing of a standing invitation to tender for the sale of common wheat held by the German intervention agency for export to certain ACP countries
Date: 2001-05-11
Institutions: European Commission
Subjects: ACP countries, Germany, award of contract, common wheat, export, intervention agency

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COMMISSION REGULATION (EC) No 931/2001

of 11 May 2001

on the issuing of a standing invitation to tender for the sale of common wheat held by the German
intervention agency for export to certain ACP countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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 1666/
2000 (2).

Whereas:

(1)

Commission Regulation (EEC) No 2131/93 (3), as last
amended by Regulation (EC) No 1630/2000 (4),
lays
down the procedure and conditions for the disposal of
cereals held by intervention agencies.

(2) With a view to supplying the markets of the ACP coun-
tries, favoured partners of the Community, significant
quantities of common wheat are required. These markets
are usually supplied on the basis of regular contracts to
ensure stable prices for the ACP countries over a certain
period. It is therefore necessary to issue a specific invita-
tion to tender to ensure that users in these countries
have access to common wheat under conditions appro-
priate to the highly competitive situation on the world
market.

(3)

(4)

The German intervention agency holds
stocks of
common wheat. Part of the wheat coming from the
intervention stocks held by the aforementioned agency
should therefore be resold to the ACP countries to meet
their quantitative and qualitative needs. The common
wheat successfully tendered for must be exported to the
countries of destination by 30 September 2001 at the
latest.

the common wheat

The specific nature of the operation and the accounting
position of
in question require
greater flexibility in the mechanisms and obligations
governing the resale of
intervention stocks and also
require exclusion of any refund, tax or monthly increase.
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
lodgment scheme which ensures that the 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.

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 15.
(3) OJ L 191, 31.7.1993, p. 76.
(4) OJ L 187, 26.7.2000, p. 24.

In addition to the conditions laid down in Article 32 of
Commission Regulation (EC) No 1291/2000 (5), provi-
sion should be made for the release for consumption in
the ACP State(s) laid down in the Regulation.

(6) Where removal of the wheat 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 will have to pay
compensation.

(7)

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

1.
A standing invitation to tender is hereby issued for the
export of 170 950 tonnes of common wheat held by the
German intervention agency.

2.
The common wheat must be exported to an ACP State or
to several States within one of the groups of ACP States listed
in Annex I.

The regions in which the 170 950 tonnes of German

3.
common wheat are stored are listed in Annex II.

4.
The intervention agency concerned shall prepare a notice
of invitation to tender indicating for each lot or, where appro-
priate, each part lot:

— the location,
— and at least the following features:

— specific weight,
— moisture content,
— Hagberg falling number,
— impurity contents and sprouted grains,
— protein content.

5.
It shall publish the notice of invitation to tender at least
two days before the date set for the first partial invitation to
tender.

Article 2

to the provisions of

the sales of
Subject
common wheat referred to in Article 1 shall take place in
accordance with the procedure and conditions laid down by
Regulation (EEC) No 2131/93.

this Regulation,

(5) OJ L 152, 24.6.2000, p. 1.

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Article 3

1.
The time limit for submitting tenders for the first partial
invitation to tender shall be 9 a.m. (Brussels time) on Thursday
17 May 2001.

2.
The time limit for submitting tenders for the second
partial invitation to tender shall be 9 a.m. (Brussels time) on
the following Thursday.

The time limit for the last partial invitation to tender shall be
27 September 2001.

Tenders must be submitted to the German intervention

3.
agency.

Article 4

1.

Tenders shall only be admissible if:

subsidiary in the said country,

— the tenderer provides written proof from an official body in
the ACP country of destination or a company having its
overseas
that he has
concluded for the quantity in question a commercial supply
contract for common wheat for export to an ACP State or
to several States within one of the groups of ACP States
listed in Annex I. That contract may cover only those
deliveries to be made during the period May to September
2001 for quantities traditionally supplied; such proof shall
be lodged with the competent authorities at
two
working days before the date of the partial invitation to
tender against which the tender is to be submitted,

least

— they are accompanied by an application for an export

licence for the destination in question.

The proof provided for in the first indent shall also indicate the
quality provided for in the contract, the time limit for delivery
and the price terms.

The Member State shall send the Commission a copy of the
said proof forthwith, for information.

Tenders may not exceed the quantity laid down in the

2.
commercial contract submitted.

Article 5

1.
No export refund or export tax or monthly increase shall
be applied for exports carried out pursuant to this Regulation.

The validity of the export licences issued in accordance

2.
with this Regulation shall expire on 30 September 2001.

3.
The licence obliges the operator to export to the ACP
State or States for which the licence application was submitted.
However, up to a limit of 30 % of the quantity for which the

licence was issued. The operator may effect his contract at
another destination on condition that it belongs to the same
group of countries listed in Annex I.

The export

4.
successful tenderers have been selected.

licences shall be issued as soon as the

5.
Article 9 of Regulation (EC) No 1291/2000 notwith-
standing, the rights deriving from the licence referred to in this
Article shall not be transferable.

Article 6

1.
The intervention agency, the storer and the successful
tenderer, if he so wishes, shall, by common agreement, either
before or at the moment of removal from storage, as the
successful tenderer chooses, take reference samples 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 Commission must be informed of the findings of the
analyses in the event of a dispute.

Reference samples 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 were taken on
removal from storage. If the final result of the sample analyses
indicates a quality:

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

(b) greater than the minimum characteristics required for inter-
vention but below the quality described in the notice of
invitation to tender, with the difference remaining within a
limit of up to:

— 2 kg/hl

for

the specific weight, which must not,

however, be less than 72 kg/hl,

— one percentage point for the mositure content,

— 20 percentage points for the Hagberg falling index,

— one percentage point for the protein content,

— half a percentage point for the impurities referred to in
B.2 and B.4 of the Annex I to Commission Regulation
(EC) No 824/2000 (1), and

— half a percentage point for the impurities referred to in
point B.5 of the Annex I to Regulation (EC) No 824/
2000 the percentages admissible for noxious grains and
ergot, however, remaining unchanged,

the successful tenderer must accept the lot as established;

(c) greater than the minimum characteristics required for inter-
vention but below the quality described in the notice of
invitation to tender with the difference surpassing the limit
referred to in point (b), the successful tenderer may:

(1) OJ L 100, 20.4.2000, p. 31.

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— either accept the lot as established,

— or refuse to take over the lot in question. The successful
tenderer shall be released from all his obligations
relating to the lot in question, including the securities,
only once he has informed the Commission and the
intervention agency forthwith,
in accordance with
Annex V; however,
if he requests the intervention
agency to supply him with another lot of intervention
wheat of the quality laid down, and that without addi-
tional charges, the security shall not be released. The lot
must be replaced within a maximum of three days from
the date of
request. The
successful
immediately inform the
Commission thereof in accordance with Annex V;

the successful

tenderer's

tenderer

shall

(d) below the minimum characteristics required for interven-
tion, the successful tenderer may not remove the lot in
question. He shall be released from all his obligations
relating to the lot in question, including the securities, only
once he has informed the Commission and the intervention
agency forthwith, in accordance with Annex V; however,
he may request the intervention agency to supply him with
another lot of intervention wheat of the quality laid down,
without additional charges. In this case, the security shall
not be released. The lot must be replaced within a
maximum of three days from the date of the successful
tenderer's request. The successful
imme-
diately inform the Commission thereof in accordance with
Annex V.

tenderer shall

2.
However, if the wheat is removed before the results of the
analysis are known, all risks shall be borne by the successful
tenderer from the time of removal of the lot, without prejudice
to the forms of recourse the successful tenderer may have
against the storer.

3.
If, after 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 replacement,
including the
he shall be released from all his obligations,
securities once he has informed the Commission and the inter-
vention agency forthwith in accordance with Annex V.

The costs of the taking of samples and the analyses
4.
referred to in paragraph 1, except those where the final result
of the analyses produces a quality inferior to the minimum
characteristics required for intervention, shall be borne by the
EAGGF up to a maximum of one analysis per 500 tonnes with
the exception of the transsilage costs.

The cost of transsilage and of any additional analyses requested
by the successful tenderer shall be borne by him.

Article 7

for removal is 30 September 2001. The payment due for each
of the lots to be removed shall be indivisible.

Article 8

1.
The security lodged pursuant to Article 13(4) of Regula-
tion (EEC) No 2131/93 must be released once the export
licences have been issued to the successful tenderers.

2.
The obligation to export and import into one of the
countries of destination listed in Annex I shall be covered by a
security amounting to EUR 75 per tonne of which EUR 25
per tonne shall be lodged upon issue of the export licence, with
the balance of EUR 50 being lodged before removal of the
cereals.

Article 15(2) of Commission Regulation (EEC) No 3002/92 (1)
notwithstanding:

— the amount of EUR 25 per tonne must be released within
the date on which the successful
20 working days of
tenderer supplies proof that the wheat removed has left the
customs territory of the Community,

— the amount of EUR 50 per tonne must be released within
the date on which the successful
15 working days of
tenderer supplies proof of entry for consumption into the
ACP State or States referred to in Article 5(3). This proof
shall be supplied in accordance with Articles 16 and 49 of
Commission Regulation (EC) No 800/1999 (2), as
last
amended by Commission Regulation (EC) No 90/2001 (3).

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 limits speci-
to
fied in this same Article shall confer an entitlement
compensation from the Member
to
amounting
State
EUR 0,015/10 tonnes for each day's delay.

This compensation shall not be charged to the EAGGF.

Article 9

Article 12 of Regulation (EEC) No 3002/92 notwithstanding,
the documents relating to the sale of common wheat in accord-
ance 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 appro-
priate, the T5 control copy must bear the words:

— Trigo blando de intervención sin aplicación de restitución
ni gravamen, destinado a (nombre del Estado o de los
Estados ACP), Reglamento (CE) no 931/2001

— Blød hvede fra intervention uden restitutionsydelse eller
-afgift bestemt for (navnet på det eller de pågældende AVS-
lande), forordning (EF) nr. 931/2001

The successful tenderer shall pay for the common wheat before
removing it at the price indicated in the tender. The final date

(1) OJ L 301, 17.10.1992, p. 17.
(2) OJ L 102, 17.4.1999, p. 11.
(3) OJ L 14, 18.1.2001, p. 22.

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— Interventions-Weichweizen ohne Anwendung von Ausfuhr-
erstattungen oder Ausfuhrabgaben, Bestimmung (Name des
AKP-Staates oder der AKP-Staaten), Verordnung (EG) Nr.
931/2001

— Μαλακός σίτος παρέµβασης, χωρίς εφαρµογή επιστροφής ή
φόρου προοριζόµενος για (όνοµα της χώρας ΑΚΕ ή των χωρών
ΑΚΕ), κανονισµός (ΕΚ) αριθ. 931/2001

— Intervention common wheat without application of refund
or tax, bound for (name of the ACP State or States), Regula-
tion (EC) No 931/2001

— Blé tendre d'intervention ne donnant pas lieu à restitution
ni à taxe, destiné à (nom de l'État ACP ou des États ACP),
règlement (CE) no 931/2001

— Frumento tenero d'intervento senza applicazione di restitu-
zione o di tassa, destinato al (nome del paese o dei paesi
ACP), regolamento (CE) n. 931/2001

— Zachte tarwe uit interventie, zonder toepassing van resti-
tutie of belasting, bestemd voor (naam van de ACS-Staat of
de ACS-Staten), Verordening (EG) nr. 931/2001

— Trigo mole de intervenção sem aplicação de uma resti-
tuição, ou imposição destinado a (nome do Estado ou dos
Estados ACP), Regulamento (CE) n.o 931/2001

— Interventiovehnää, jolle ei makseta vientitukea eikä vienti-
maksua ja jonka määräpaikka on (AKT-maan nimi tai AKT-
maiden nimet), asetus (EY) N:o 931/2001

— Interventionsvete ej utan bidrag eller avgift avsett för (AVS-
statens eller AVS-staternas namn), förordning (EG) nr 931/
2001.

Article 10

The German intervention agency shall

inform the
1.
Commission of the tenders received within three hours of the
expiry of the time limit for submitting tenders. The informa-
tion must be sent in the form laid down in Annex III to one of
the telex or fax numbers listed in Annex IV.

2.
It shall inform the Commission on a monthly basis of the
quantities of common wheat removed pursuant to this Regula-
tion.

Article 11

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, 11 May 2001.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

Groups of ACP States signatories to the Lomé Convention

Group I

Group II

Group III

Mauritania
Mali
Niger
Senegal
Gambia
Guinea-Bissau
Guinea
Cape Verde
Sierra Leone
Liberia
Côte d'Ivoire
Ghana
Togo
Nigeria

Chad
Central African Republic
Benin
Cameroon
Equatorial Guinea
São Tomé and Príncipe
Gabon
Congo
Democratic Republic of Congo
Rwanda
Burundi
Burkina Faso

Seychelles
Comoros
Madagascar
Mauritius
Angola
Zambia
Malawi
Mozambique
Namibia
Botswana
Zimbabwe
Lesotho
Swaziland
Djibouti
Ethiopia
Eritrea

ANNEX II

(tonnes)

Region of storage

Quantities

Schleswig-Holstein/Hamburg/Niedersachsen/
Bremen/Mecklenburg-Vorpommern

Nordrhein-Westfalen/Hessen/Rheinland-Pfalz/
Saarland/Baden-Württemberg/Bayern

Berlin/Brandenburg/Sachsen-Anhalt/Sachsen/
Thüringen

103 767

28 752

38 431

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ANNEX III

Standing invitation to tender for the export of 170 950 tonnes of common wheat held by the German
intervention agency

(Regulation (EC) No 931/2001)

1

2

3

4

5

6

7

Registration
number of
the tenderer

Lot
number

Quantity
in tonnes

Offer price
(EUR/tonne)
(1)

Increases (+)
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 for which the tender is submitted.

ANNEX IV

The only telex and fax numbers in Brussels to be used are: DG AGRI/C/1:

— telex:

— fax:

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

(32-2) 296 49 56,
(32-2) 295 25 15.

ANNEX V

Communication of refusal of lots under the standing invitation to tender for the export of 170 950 tonnes of
common wheat held by the German intervention agency

(Article 6 of Regulation (EC) No 931/2001)

— 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 wheat of unimpaired

quality

— Other