Commission Regulation (EC) No 1081/2002 of 21 June 2002 opening a standing invitation to tender for the export of barley held by the French intervention agency
Date: 2002-06-21
Institutions: European Commission
Subjects: CCT duties, France, award of contract, barley, export, intervention agency

L 164/16

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Official Journal of the European Communities

22.6.2002

COMMISSION REGULATION (EC) No 1081/2002

of 21 June 2002

opening a standing invitation to tender for the export of barley held by the French intervention
agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Article 3

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 of 300 000
tonnes of barley held by the French 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 lod-
gement scheme which ensures that aims are met while
avoiding excessive costs for the operators. Derogations
should accordingly be made to certain rules, in 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 ac-
cordance with the opinion of the Management Commit-
tee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

Subject to the provisions of this Regulation the French interven-
tion 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
300 000 tonnes of barley for export to third countries, with
the exception of the United States, Canada and Mexico.

The regions in which the 300 000 tonnes of barley are

2.
stored are set out in Annex I.

(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.

1.
Notwithstanding the third paragraph of Article 16 of Reg-
ulation (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 ap-

3.
ply.

Article 4

The export licences shall be valid from their date of issue
1.
within the meaning of Article 9 of Regulation (EEC) No 2131/
93 until the end of the fourth month thereafter.

2.
Tenders submitted in response to this invitation to tender
may not be accompanied by export licence applications sub-
mitted pursuant to Article 49 of Commission Regulation (EC)
No 1291/2000 (5), as last amended by Regulation (EC) No
2299/2001 (6).

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 9.00 (Brussels time)
on 27 June 2002.

2.
The time limit for submission of tenders in respect of sub-
sequent partial invitations to tender shall be 9.00 (Brussels time)
each Thursday thereafter.

The last partial invitation to tender shall be 9.00 (Brussels

3.
time) on 22 May 2003.

Tenders shall be lodged with the French intervention

4.
agency.

Article 6

1.
The intervention agency, the storer and the successful ten-
derer shall, at the request of the latter and by common agree-
ment, either before or at the time of removal from storage as
the successful
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.

tenderer chooses,

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

(5) OJ L 152, 24.6.2000, p. 1.
(6) OJ L 308, 27.11.2001, p. 19.

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Reference samples for counter-analysis shall be taken and ana-
lysed within seven working days of the date 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:

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.

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

(b) higher than the minimum characteristics laid down for in-
tervention 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 Reg-
ulation (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 in-
tervention 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 relat-
ing to the lot in question and the securities shall be re-
leased 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 re-
placed 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 relat-
ing to the lot in question and the securities shall be released
only once he has informed the Commission and the inter-
vention 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 Commis-
sion thereof in accordance with Annex II.

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 An-
nex II.

Except where the final results of analyses indicate a qual-
4.
ity below the minimum characteristics laid down for interven-
tion, the costs of taking the samples and conducting the ana-
lyses 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 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), as last amended by Regulation (EC) No 770/
96 (3), the documents relating to the sale of barley in accor-
dance 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 necessary,
the T5 copy shall carry the entry:

— Cebada de intervención sin aplicación de restitución ni gra-

vamen, Reglamento (CE) no 1081/2002

— Byg fra intervention uden restitutionsydelse eller -afgift, for-

ordning (EF) nr. 1081/2002

— Interventionsgerste ohne Anwendung von Ausfuhrerstattun-
gen oder Ausfuhrabgaben, Verordnung (EG) Nr. 1081/2002

— Κριθή παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου, κανο-

νισµός (ΕΚ) αριθ. 1081/2002

— Intervention barley without application of refund or tax,

Regulation (EC) No 1081/2002

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

taxe, règlement (CE) no 1081/2002

— Orzo d’intervento senza applicazione di restituzione né di

tassa, regolamento (CE) n. 1081/2002

— Gerst uit interventie, zonder toepassing van restitutie of be-

lasting, Verordening (EG) nr. 1081/2002

— Cevada de intervenção sem aplicação de uma restituição ou

imposição, Regulamento (CE) n.o 1081/2002

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

maksua, asetus (EY) N:o 1081/2002

— Interventionskorn, utan tillämpning av bidrag eller avgift,

förordning (EG) nr 1081/2002.

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

(2) OJ L 301, 17.10.1992, p. 17.
(3) OJ L 104, 27.4.1996, p. 13.

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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 li-
cences 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), as last amended by Regulation (EC)
No 2299/2001.

3.
Except in duly substantiated exceptional cases, in particu-
lar the opening of an administrative enquiry, any release of the
securities provided for in this Article after the time limits speci-
fied in this same Article shall confer an entitlement to compen-
sation from the Member State amounting to EUR 0,015 per 10
tonnes for each day’s delay.

This compensation shall not be charged to the EAGGF.

Article 9

Within two hours of the expiry of the time limit for the sub-
mission of tenders, the French 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, 21 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

(tonnes)

Place of storage

Quantity

Amiens

Chalons

Clermont

Dijon

Lille

Nantes

Orléans

Paris

Poitiers

Rouen

34 700

33 000

4 900

1 100

15 700

10 400

77 100

42 000

8 000

73 100

ANNEX II

COMMUNICATION OF REFUSAL OF LOTS UNDER THE STANDING INVITATION TO TENDER FOR THE
EXPORT OF BARLEY HELD BY THE FRENCH INTERVENTION AGENCY

(Article 6(1) of Regulation (EC) No 1081/2002)

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ANNEX III

STANDING INVITATION TO TENDER FOR THE EXPORT OF BARLEY HELD BY THE FRENCH INTERVEN-
TION AGENCY

(Regulation (EC) No 1081/2002)

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.