Commission Regulation (EC) No 524/2002 of 22 March 2002 amending Regulations (EC) No 1938/2001, (EC) No 1939/2001 and (EC) No 1940/2001 on the opening of standing invitations to tender for the resale on the Community internal market of rice held by the Spanish, Greek and Italian intervention agencies for use in animal feed
Date: 2002-03-22
Institutions: European Commission
Subjects: Greece, Italy, Spain, animal nutrition, award of contract, intervention agency, rice

23.3.2002

EN

Official Journal of the European Communities

L 80/5

COMMISSION REGULATION (EC) No 524/2002

of 22 March 2002

amending Regulations (EC) No 1938/2001, (EC) No 1939/2001 and (EC) No 1940/2001 on the
opening of standing invitations to tender for the resale on the Community internal market of rice
held by the Spanish, Greek and Italian intervention agencies for use in animal feed

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

1. Article 2(2) is replaced by the following:

Having regard to the Treaty establishing the European
Community,

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 Commission Regulation (EC) No
411/2002 (2), and in particular Article 8(b) thereof,

Whereas:

(1)

(2)

(3)

(4)

Experience has shown that the present undertakings to
be given by tenderers, as provided for in Commission
Regulations (EC) No 1938/2001 (3),
(EC) No 1939/
2001 (4) and (EC) No 1940/2001 (5), as amended by
Regulation (EC) No 15/2002 (6), are proving onerous in
practice.

The measure could be made more effective by providing
for an alternative to the present requirement to process
paddy rice in advance into husked and broken rice
which would entail processing it into wholly milled rice;
the new conditions, by guaranteeing that the rice would
be used for purposes other than human consumption,
would make it possible for rice mills to take part in the
tendering procedure.

In order to respond as quickly as possible to the difficul-
ties encountered by tenderers, provision should be made
for this Regulation to enter into force on its date of
publication; in view of the delay in disposing of rice put
up for sale, the deadline for the last partial invitation to
tender needs to be extended.

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

HAS ADOPTED THIS REGULATION:

‘2.

Tenderers shall give an undertaking:

(a) — where they are feed manufacturers:

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

— where they are rice mills:

to carry out, within two months of the date of the
award of the contract, the treatments described in
Annex III of rice for which they are declared the
successful tenderer, and to see to it that this product
is incorporated in feed within four months of the
date of the award of the contract, save in cases of
force majeure;

(b) to bear the costs of
Annexes II and III;

the processing referred to in

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

they have respected their undertakings.’

2. Article 4(1) is replaced by the following:

Tenders shall be valid only if they are accompanied

‘1.
by:

(a) evidence that

the tenderer has lodged a security of

EUR 15 per tonne;

(b) evidence that the tenderer is an animal feed manufac-

turer or a rice mill;

(c) 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.’

Article 1

3. Article 5(2) and (3) are replaced by the following:

Regulations (EC) No 1938/2001, (EC) No 1939/2001 and (EC)
No 1940/2001 are hereby amended as follows:

(1) OJ L 329, 30.12.1995, p. 18.
(2) OJ L 62, 5.3.2002, p. 27.
(3) OJ L 263, 3.10.2001, p. 11.
(4) OJ L 263, 3.10.2001, p. 15.
(5) OJ L 263, 3.10.2001, p. 19.
(6) OJ L 4, 8.1.2002, p. 3.

The closing dates for the submission of tenders for
‘2.
subsequent partial
shall be each
Wednesday at 12.00 (Brussels time), with the exception of
Wednesday 27 March 2002 and Wednesday 8 May 2002.

invitations

to tender

3.
The closing date for the submission of tenders for the
last partial invitation to tender shall be 29 May 2002 at
12.00 (Brussels time).’

L 80/6

EN

Official Journal of the European Communities

23.3.2002

4. Article 10(2) is replaced by the following:

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

However, the security shall be released in full:

— 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,

— if proof of the treatments referred to in Annex III is
provided and not less than 95 % of the wholly milled
rice obtained is used in compound feed;’.

1. The paddy rice must be milled in such a way as to
produce not less than 70 % of wholly milled rice, by
weight of paddy rice;

The wholly milled rice obtained:
— must contain a percentage of whole grains equivalent
to that established for the representative sample
taken at the time of taking over of the rice for which
the contract is awarded,

— must have the same characteristics and be of the
same variety as the rice for which the contract is
awarded.

2. The product obtained after processing must be marked
using the colourants E131 patent blue V, E142 acid
brilliant green BS (lissamine green), to enable it to be
identified.’

5. In Annex II the text of the title is replaced by the following:

7. Annexes III and IV become Annexes IV and V respectively.

‘Treatments provided for in the first
2(2)(a)’.

indent of Article

Article 2

6. The following Annex III is inserted:

‘ANNEX III

Annex I to Regulation (EC) No 1940/2001 is replaced by the
Annex to this Regulation.

Article 3

Treatments provided for in the second indent of Article
2(2)(a)

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

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

It shall apply from the partial invitation to tender for which the
closing date for the submission of tenders is 3 April 2002.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 March 2002.

For the Commission

Franz FISCHLER

Member of the Commission

23.3.2002

EN

Official Journal of the European Communities

L 80/7

ANNEX

‘ANNEX I

Place of storage

Quantity

(tonnes)

Formigliana
(Vercelli)

Casalvolone
(Novara)

Villa Poma
(Mantova)

Racconigi
(Cuneo)

Pontelangorino
(Ferrara)

Casaletto Vaprio
(Cremona)

Novara

La Spezia

Cambiano
(Torino)

Sannazzaro
(Pavia)

Camisano Vicentino
(Vicenza)

Mede
(Pavia)

Moncrivello
(Vercelli)

Castellazzo Bormida
(Alessandria)

Mandrogne
(Alessandria)

Fossano
(Cuneo)

671,630

395,410

527,660

2 003,840

9 098,844

6 054,900

419,880

629,230

2 252,637

1 462,150

11 172,545

426,350

2 274,650

391,970

537,260

1 034,580

Total

39 353,536’