Commission Regulation (EC) No 968/2002 of 6 June 2002 opening a standing invitation to tender for the export of barley held by the United Kingdom intervention agency
Date: 2002-06-06
Institutions: European Commission
Subjects: United Kingdom, award of contract, barley, export, export licence, intervention agency

7.6.2002

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Official Journal of the European Communities

L 149/15

COMMISSION REGULATION (EC) No 968/2002

of 6 June 2002

opening a standing invitation to tender for the export of barley held by the United Kingdom inter-
vention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Commu-
nity,

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 Council 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 of 25 000
tonnes of barley held by the United Kingdom interven-
tion 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 barley 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 must pay compen-
sation.

(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

to the provisions of

Subject
this Regulation the United
Kingdom intervention agency issues a standing invitation to
tender for the export of barley held by it in accordance with
Regulation (EEC) No 2131/93.

Article 2

1.
The invitation to tender shall cover a maximum of
25 000 tonnes of barley for export to third countries, with the
exception of the United States, Canada and Mexico.

(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.

The regions in which the 25 000 tonnes of barley are

2.
stored are set out in Annex I.

Article 3

Notwithstanding the third paragraph of Article 16 of
1.
Regulation (EEC) No 2131/93, the price to be paid for the
export shall be that quoted in the tender.

No export refund or tax or monthly increase shall be

2.
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.
licence applications
may not be accompanied by export
submitted pursuant to Article 49 of Commission Regulation
(EC) No 1291/2000 (5).

Article 5

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 13 June 2002.

2.
The time limit for submission of tenders in respect of
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 22 May 2003.

Tenders shall be lodged with the United Kingdom inter-

4.
vention 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.

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

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

Reference samples for counter-analysis shall be taken and
the
analysed within seven working days of
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
of invitation to tender, providing that the differences having
regard to those criteria do not exceed the following limits:

— two kilograms per hectolitre as regards specific weight,

which must not, however, be less than 60 kg/hl,

— one percentage point as regards moisture content,

— half a percentage point as regards impurities as specified
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 specified
in point B.5 of the Annex 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) 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
barley 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 barley 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.

However, if the barley is removed before the results of the
2.
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 replace-
ment, he shall be discharged of all his obligations and the secu-
rities shall be released once he has informed the Commission
and the intervention agency forthwith in accordance 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 trans-
fers 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 additional
analyses requested by the successful tenderer shall be borne by
him.

Article 7

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

— Cebada de intervención sin aplicación de restitución ni

gravamen, Reglamento (CE) no 968/2002

— Byg fra intervention uden restitutionsydelse eller -afgift,

forordning (EF) nr. 968/2002

— Interventionsgerste ohne Anwendung von Ausfuhrerstat-
tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 968/
2002

— Κριθή παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου, κανο-

νισµός (ΕΚ) αριθ. 968/2002

— Intervention barley without application of refund or tax,

Regulation (EC) No 968/2002

— Orge d’intervention ne donnant pas lieu à restitution ni

taxe, règlement (CE) no 968/2002

— Orzo d’intervento senza applicazione di restituzione né di

tassa, regolamento (CE) n. 968/2002

— Gerst uit interventie, zonder toepassing van restitutie of

belasting, Verordening (EG) nr. 968/2002

— Cevada de intervenção sem aplicação de uma restituição ou

imposição, Regulamento (CE) n.o 968/2002

— Interventio-ohraa, johon ei sovelleta vientitukea eikä vienti-

maksua, asetus (EY) N:o 968/2002

— Interventionskorn, utan tillämpning av bidrag eller avgift,

förordning (EG) nr 968/2002.

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

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

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Article 8

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

2.
Notwithstanding Article 17 of Regulation (EEC) No 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 10 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 the successful tenderer provides proof that the cereals
removed have left the customs territory of the Community.

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).

Except in duly substantiated exceptional cases, in parti-
3.
cular 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
to
EUR 0,015 per 10 tonnes for each day’s delay.

from the Member

amounting

State

This compensation shall not be charged to the EAGGF.

Article 9

Within two hours of the expiry of the time limit for the
submission of tenders, the United Kingdom intervention agency
shall notify the Commission of tenders received. Such notifica-
tion 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, 6 June 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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

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ANNEX I

Place of storage

ANNEX II

Aberdeenshire

York

Lincolnshire

(tonnes)

Quantity

13 154

5 000

6 846

Communication of refusal of lots under the standing invitation to tender for the export of barley held by the
United Kingdom intervention agency

(Article 6(1) of Regulation (EC) No 968/2002)

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ANNEX III

Standing invitation to tender for the export of barley held by the United Kingdom intervention agency

(Regulation (EC No 968/2002)

ANNEX IV

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

fax:

(32-2) 296 49 56

(32-2) 295 25 15