Commission Regulation (EC) No 1938/2001 of 2 October 2001 on the opening of a standing invitation to tender for the resale on the Community internal market of some 7850 tonnes of rice held by the Spanish intervention agency for use in animal feed
Date: 2001-10-02
Institutions: European Commission
Subjects: Spain, animal nutrition, award of contract, intervention agency, rice, sale

3.10.2001

EN

Official Journal of the European Communities

L 263/11

COMMISSION REGULATION (EC) No 1938/2001

of 2 October 2001

on the opening of a standing invitation to tender for the resale on the Community internal market
of some 7 850 tonnes of rice held by the Spanish intervention agency for use in animal feed

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(7)

Having regard to the Treaty establishing the European
Community,

Commission Regulation (EEC) No 3002/92 (6), as last
amended by Regulation (EC) No 770/96 (7), lays down
common detailed rules for verifying the use of products
from intervention. Procedures should also be laid down
to ensure the traceability of the products used for animal
feed.

Having regard to Council Regulation (EC) No 3072/95 of 22
December 1995 on the common organisation of the market in
rice (1), as last amended by Regulation (EC) No 1667/2000 (2),
and in particular Article 8(b) thereof,

(8)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Cereals,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Commission Regulation (EEC) No 75/91 of 11 January
1991 laying down the procedures and conditions for the
disposal of paddy rice held by intervention agencies (3)
provides among other things that rice held by interven-
tion agencies is to be sold by tendering procedure at
prices that allow market disturbances to be avoided.

Spain has
intervention stocks of paddy rice from
harvests prior to 1998 whose quality is in danger of
deteriorating as a result of prolonged storage.

Disposing of this rice on traditional markets inside the
Community would inevitably trigger off, in the present
production situation and when concessions for rice
imports are being granted under international agree-
ments, the placing of an equivalent quantity in interven-
tion, which must be avoided.

This rice could be disposed of in the animal feed sector,
on special conditions.

The undertakings given by tenderers are regarded as
primary requirements within the meaning of Commis-
sion Regulation (EEC) No 2220/85 of 22 July 1985
laying down common detailed rules for the application
of the system of securities for agricultural products (4), as
last amended by Regulation (EC) No 1932/1999 (5).

In order to ensure that the rice is used for the purpose
specified, provision should be made
special
monitoring and for the successful tenderer to provide a
security, the conditions for the release of which should
be laid down.

for

(1) OJ L 329, 30.12.1995, p. 18.
(2) OJ L 193, 29.7.2000, p. 3.
(3) OJ L 9, 12.1.1991, p. 15.
(4) OJ L 205, 3.8.1985, p. 5.
(5) OJ L 240, 10.9.1999, p. 11.

HAS ADOPTED THIS REGULATION:

Article 1

The Spanish intervention agency shall offer for sale by standing
invitation to tender on the Community internal market some
7 850 tonnes of rice as referred to in Annex I from the 1997
harvest,
for use in preparations of a kind used in animal
feeding (products falling within CN code 2309).

Article 2

The sale provided for in Article 1 shall take place in

1.
accordance with Regulation (EEC) No 75/91.

However, notwithstanding Article 5 of that Regulation:

(a) tenders shall be drawn up on the basis of the actual quality

of the lot to which they apply;

(b) the minimum sale price shall be set at a level that does not
disturb the market for cereals within the Community.

2.

Tenderers shall give an undertaking:

(a) to use in animal feed, within three months of the date of
the award of the contract, rice for which they are declared
the successful tenderer, save in cases of force majeure;

(b) to carry out immediately, under the supervision of the
competent authorities at a place determined by agreement
with them, the treatments described in Annex II, designed
to ensure verification of the use made of the rice and the
traceability of the products;

(c) to bear the costs of the processing referred to in Annex II;

(d) to keep stock records so that checks may be made that they

have respected their undertakings.

(6) OJ L 301, 17.10.1992, p. 17.
(7) OJ L 104, 27.4.1996, p. 13.

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Official Journal of the European Communities

3.10.2001

Article 3

Tenders must be lodged with the Spanish intervention agency:

1.
The Spanish intervention agency shall publish, at least
eight days before the final day of the first period for the
submission of tenders, a notice of invitation to tender.

The notice, and any changes to it, shall be forwarded to the
Commission before publication.

2.

The notice of invitation to tender shall contain:

(a) the additional clauses and conditions of sale compatible

with this Regulation;

(b) the places of storage and the name and address of the

storer;

(c) particulars of

the competent authorities responsible for

monitoring the operation;

(d) the main physical and technological characteristics of the
various lots established upon buying in by the intervention
agency or during checks carried out subsequently.

3.
The Spanish intervention agency shall take all additional
steps necessary to enable the parties concerned to assess the
quality of the rice put up for sale before submitting their
tenders.

Fondo Español de Garantía Agraria FEGA
C/Beneficencia 8
E-28004 Madrid
(Telex 23427 FEGA E;
Fax: (34) 915 21 98 32, (34) 915 22 43 87).

Article 6

Not later than 10.00 (Brussels time) on the Thursday following
the expiry of the deadline for the submission of tenders, the
Spanish intervention agency shall notify the Commission of the
tenders received. The information shall be forwarded using the
form given in Annex III and the fax and telex numbers shown
in Annex IV.

Details of inadmissible tenders shall be notified separately. The
reasons for their rejection shall also be given.

Article 7

to accept

The Commission shall set the minimum sale price or decide
not
the tenders. The decision shall be taken in
accordance with the procedure laid down in Article 22 of
Commission Regulation (EC) No 3072/95.

Article 4

Article 8

1.

Tenders shall be valid only if they are accompanied by:

(a) evidence that the tenderer has lodged a security of EUR 15

per tonne;

(b) a written undertaking by the tenderer that the rice for
which he is the successful tenderer will be processed into
compound feed at his premises within three months of the
date of the award of the contract;

(c) evidence that the tenderer is an animal feed manufacturer;

(d) a written undertaking by the tenderer to lodge a security
for an amount equivalent to the difference between the
intervention price for paddy rice applicable on the tender
date plus EUR 15 and the price tendered per tonne of rice
not later than two working days after the date of receipt of
the notice of award of contract.

Once submitted, a tender may not be altered or with-

2.
drawn.

Article 5

1.
The closing date for the submission of tenders for the
first partial invitation to tender shall be 17 October 2001 at
12.00 (Brussels time).

2.
The closing dates for the submission of tenders for subse-
quent partial invitations to tender shall be each Wednesday at
12.00 (Brussels time), with the exception of Wednesday, 31
October 2001.

The closing date for the submission of tenders for the last
invitation to tender shall be 19 December 2001 at

3.
partial
12.00 (Brussels time).

The intervention agency shall immediately notify all tenderers
of the outcome of their participation in the tendering proce-
dure.

Within three working days of the notification referred to in the
first paragraph, it shall send notices of award of contract to
successful tenderers by registered letter or written telecommu-
nication.

Article 9

Successful tenderers shall pay for the rice before it is removed,
and at the latest within one month of the date of dispatch of
the notice referred to in the second paragraph of Article 8. The
risks and costs of storing rice that is not removed within the
payment period shall be borne by the successful tenderers.

Following the expiry of the payment period, rice for which a
contract
removed shall be
regarded for all purposes as having been removed from storage.

is awarded and which is not

Where a successful tenderer fails to pay for the rice within the
period referred to in the first paragraph, the contract shall be
terminated by the intervention agency, where appropriate in
respect of the quantity not paid for.

Article 10

The security referred to in Article 4(1)(a) shall be released

1.
in respect of quantities for which:

(a) no award is made;

(b) payment of the sale price is made within the period set and
the security referred to in Article 4(1)(d) has been lodged.

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The security referred to in Article 4(1)(d) shall be released
2.
in proportion to the quantities used only if the intervention
agency has carried out all the checks necessary to ensure that
the product is used in accordance with the provisions laid
down in this Regulation.

However, if proof of the treatments referred to in Annex II is
provided and not less than 95 % of the fine broken grains
and/or fragments obtained are used in feed, the security shall
be released in full.

3.
Proof that the rice has been used in feed as referred to in
this Regulation shall be provided in accordance with Regula-
tion (EEC) No 3002/92.

— Destinados a la transformación [Reglamento (CE) no 1938/

2001]

— Til forarbejdning (forordning (EF) nr. 1938/2001)
— Zur Verarbeitung bestimmt (Verordnung (EG) Nr. 1938/

2001)

— Προορίζονται για µεταποίηση [Κανονισµός (ΕΚ) αριθ. 1938/

2001]

— For processing (Regulation (EC) No 1938/2001)
— Destinées à la transformation [règlement (CE) no 1938/

2001]

— Destinate alla trasformazione [regolamento (CE) n. 1938/

2001]

— Bestemd om te worden verwerkt (Verordening (EG) nr.

Article 11

1938/2001)

The obligation set out in Article 2(2) shall be regarded as a
primary requirement within the meaning of Article 20 of Regu-
lation (EEC) No 2220/85.

— Para transformação [Regulamento (CE) n.o 1938/2001]
— Tarkoitettu jalostukseen (Asetus (EY) N:o 1938/2001)
— För bearbetning (förordning (EG) nr 1938/2001).

Article 12

Article 13

In addition to the particulars provided for in Regulation (EEC)
No 3002/92, box 104 of control copy T5 shall bear one or
more of the following entries:

This Regulation shall enter
into force on the third day
following its publication 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, 2 October 2001.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

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Place of storage

Zuera-Zaragoza

ANNEX I

(in tonnes)

Quantity

7 850

ANNEX II

Treatments provided for in Article 2(2)(b)

At the time of being taken over, the rice must undergo the following treatments:

1. The paddy rice must be husked and broken in such a way as to produce not less than 77 %, by weight of paddy rice,
of fine broken grains and/or fragments of husked rice as defined in the Annex to Regulation (EC) No 3073/95.

2. The product obtained afer processing (not including the husk) must be marked using the colourant E131 patent blue V

or E142 acid brilliant green BS (lissamine green) to enable it to be identified.

ANNEX III

Standing invitation to tender for the resale of 7 850 tonnes of rice by the Spanish intervention agency for use in animal
feed

(Regulation (EC) No 1938/2001)

The form given in Annex III is to be sent to the DG for Agriculture in Brussels:

ANNEX IV

— by fax:

— by telex:

(32-2) 296 60 21
(32-2) 295 25 15

22037 AGREC B
22070 AGREC B (Greek characters)