Commission Regulation (EC) No 2440/2001 of 13 December 2001 opening a standing invitation to tender for the export to third countries, with the exception of the countries in zone VII, of rye from harvests prior to 2001 held by the German intervention agency
Date: 2001-12-13
Institutions: European Commission
Subjects: Germany, award of contract, export, intervention agency, rye, third country

14.12.2001

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 2440/2001

of 13 December 2001

opening a standing invitation to tender for the export to third countries, with the exception of the
countries in zone VII, of rye from harvests prior to 2001 held by the German 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 1666/
2000 (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 1630/2000 (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 to third
countries, with the exception of the countries in zone
VII as defined in the Annex to Commission Regulation
(EEC) No 2145/92 (5), as amended by Regulation (EC)
No 3304/94 (6), of 299 975 tonnes of rye from harvests
prior to 2001 held by the German 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-
in
tions should accordingly be made to certain rules,
particular those laid down in Regulation (EEC) No 2131/
93.

(4) Where removal of the rye is delayed by more than five
days or the release of one of the securities required is
imputable to the intervention
delayed for
agency,
concerned must pay
compensation.

the Member

reasons

State

export of rye held by it in accordance with Regulation (EEC)
No 2131/93.

Article 2

The invitation to tender shall cover a maximum of
1.
299 975 tonnes of rye from harvests prior to 2001 for export
to third countries, with the exception of the countries in zone
VII as defined in the Annex to Regulation (EEC) No 2145/92.

The regions in which the 299 975 tonnes of rye from

2.
harvests prior to 2001 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 49 of Commission Regulation
(EC) No 1291/2000 (7).

(5)

Measures provided for in this Regulation, are in accord-
ance with the opinion of the Management Committee
for Cereals,

Article 5

HAS ADOPTED THIS REGULATION:

Article 1

Subject to the provisions of this Regulation, the German inter-
vention agency issues a standing invitation to tender for the

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 191, 31.7.1993, p. 76.
(4) OJ L 187, 26.7.2000, p. 24.
(5) OJ L 214, 30.7.1992, p. 20.
(6) OJ L 341, 30.12.1994, p. 48.

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 20 December 2001.

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 23 May 2002.

Tenders shall be lodged with the German intervention

4.
agency.

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

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Article 6

Commission immediately thereof in accordance with
Annex II;

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.

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 kilogram per hectolitre as regards specific weight,
which must not, however, be less than 68 kg/hl,

— 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 (EC) No 824/2000 (1), and

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

(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 rye 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.

2.
However, if the rye 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 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.

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
rye 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
shall notify the
request. The

successful

tenderer

By derogation from Article 12 of Commission Regulation (EEC)
No 3002/92 (2), the documents relating to the sale of rye in
accordance with this Regulation, and in particular the export
licence, the removal order referred to in Article 3(1)(b) of
the export declaration and,
Regulation (EEC) No 3002/92,
where necessary, the T5 copy shall carry the entry:

— Centeno de intervención sin aplicación de restitución ni

gravamen, Reglamento (CE) no 2440/2001

— Rug fra intervention uden restitutionsydelse eller -afgift,

forordning (EF) nr. 2440/2001

— Interventionsroggen ohne Anwendung von Ausfuhrerstat-
tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 2440/
2001

— Σίκαλη παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου,

κανονισµός (ΕΚ) αριθ. 2440/2001

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

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

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— Intervention rye without application of refund or tax, Regu-

lation (EC) No 2440/2001

the successful tenderer provides proof that the cereals removed
have left the customs territory of the Community.

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

taxe, règlement (CE) no 2440/2001

— Segala d'intervento senza applicazione di restituzione né di

tassa, regolamento (CE) n. 2440/2001

— Rogge uit interventie, zonder toepassing van restitutie of

belasting, Verordening (EG) nr. 2440/2001

— Centeio de intervenção sem aplicação de uma restituição ou

imposição, Regulamento (CE) n.o 2440/2001

— Interventioruista, johon ei sovelleta vientitukea eikä vienti-

maksua, asetus (EY) N:o 2440/2001

— Interventionsråg, utan tillämpning av bidrag eller avgift,

förordning (EG) nr 2440/2001.

Notwithstanding Article 17(3) of Regulation (EEC) No 2131/
93, the remainder must be released within 15 working days of
the date on which the successful tenderer provides the proof
referred to in Article 16 of Commission Regulation (EC) No
800/1999 (1).

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 per 10 tonnes for each day's delay.

amounting

State

Article 8

This compensation shall not be charged to the EAGGF.

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 70 per tonne. 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 which

Article 9

Within two hours of the expiry of the time limit for the
submission of tenders, the German intervention agency shall
notify the Commission of tenders received. Such notification
shall be made using the model set out in Annex III and the 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, 13 December 2001.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 102, 17.4.1999, p. 11.

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Bayern

Brandenburg

Sachsen

Sachsen-Anhalt

ANNEX I

Place of storage

ANNEX II

(tonnes)

Quantity

486

155 564

84 581

59 344

Communication of refusal of lots under the standing invitation to tender for the export to third countries, with
the exception of the countries in zone VII, of rye from harvests prior to 2001 held by the German intervention
agency

(Article 6(1) of Regulation (EC) No 2440/2001)

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ANNEX III

Standing invitation to tender for the export to third countries, with the exception of the countries in zone VII,
of rye from harvests prior to 2001 held by the German intervention agency

(Regulation (EC) No 2440/2001)

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

ANNEX IV

— fax:

296 49 56,
295 25 15.