Commission Regulation (EC) No 2177/2002 of 6 December 2002 opening a standing invitation to tender for the export of barley held by the Swedish intervention agency
Date: 2002-12-06
Institutions: European Commission
Subjects: Sweden, award of contract, barley, export licence, intervention agency

7.12.2002

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COMMISSION REGULATION (EC) No 2177/2002

of 6 December 2002

opening a standing invitation to tender for the export of barley held by the Swedish 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 of 36 093
tonnes of barley held by the Swedish intervention
agency.

Special rules must be laid down to ensure that the opera-
tions are properly carried out and monitored. To that
end, securities should be lodged to ensure that the goals
of the operation are achieved without excessive cost to
the operators. Derogations should accordingly be made
to certain rules, in particular those laid down in Regula-
tion (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,
concerned should pay
compensation.

the Member State

(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

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

Article 2

1.
The invitation to tender shall cover a maximum of
36 093 tonnes of barley for export to third countries, with the
exception of the United States of America, 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 36 093 tonnes of barley are

2.
stored are set out in Annex I.

Article 3

As an exception to 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 under this Regulation.

Article 8(2) of Regulation (EEC) No 2131/93 shall not

3.
apply.

Article 4

1.
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 under Article 49 of Commission Regulation (EC) No
1291/2000 (5).

Article 5

1.
As an exception to Article 7(1) of Regulation (EEC) No
2131/93, the time limit for submission of tenders under the
first partial invitation to tender shall be 09.00 (Brussels time)
on 12 December 2002.

2.
The time limit for submission of tenders under subse-
quent partial invitations to tender shall be 09.00 (Brussels time)
each Thursday thereafter.

The last partial invitation to tender shall expire at 09.00

3.
(Brussels time) on 22 May 2003.

Tenders must be lodged with the Swedish intervention

4.
agency.

Article 6

The intervention agency,

1.
the storer and a 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 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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In the event of a dispute, the analysis results shall be forwarded
to the Commission.

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 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 the impurities speci-
fied in points B.2 and B.4 of the Annex to Regulation
(EC) No 824/2000 (1), and

— half a percentage point as regards the impurities speci-
fied 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 concerned. The successful
tenderer shall be discharged of all obligations relating to
the lot in question and the securities shall be released
provided the Commission and the intervention agency
are immediately notified in accordance with Annex II;
if the successful tenderer requests the inter-
however,
vention agency to supply 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. The successful tenderer shall be discharged of all
obligations relating to the lot in question and the securities
shall be released provided the Commission and the inter-
vention agency are immediately notified in accordance with
Annex II; however, the successful tenderer may request the
intervention agency to supply 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
2.
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 against the storer.

If, as a result of successive replacements, the successful
3.
tenderer has not received a replacement lot of the quality laid
down within one month of the date of the request for a repla-
cement, the successful tenderer shall be discharged of all obliga-
tions and the securities shall be released, provided the Commis-
sion and the intervention agency have been immediately
informed in accordance with Annex II.

4.
Except where the final results of analyses indicate a
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
for up to one analysis per 500
Guarantee Fund (EAGGF)
tonnes. The costs of
inter-bin transfers and any additional
analyses requested by a successful tenderer shall be borne by
that tenderer.

Article 7

As an exception to Article 12 of Commission Regulation (EEC)
No 3002/92 (2), the documents relating to the sale of barley
under 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 applicable, the
T5 copy shall carry the entry:

— Cebada de intervención sin aplicación de restitución ni

gravamen, Reglamento (CE) no 2177/2002

— Byg fra intervention uden restitutionsydelse eller -afgift,

forordning (EF) nr. 2177/2002

— Interventionsgerste ohne Anwendung von Ausfuhrerstat-
tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 2177/
2002

— Κριθή παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου, κανο-

νισµός (ΕΚ) αριθ. 2177/2002

— Intervention barley without application of refund or tax,

Regulation (EC) No 2177/2002

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

taxe, règlement (CE) no 2177/2002

— Orzo d'intervento senza applicazione di restituzione né di

tassa, regolamento (CE) n. 2177/2002

— Gerst uit interventie, zonder toepassing van restitutie of

belasting, Verordening (EG) nr. 2177/2002

— Cevada de intervenção sem aplicação de uma restituição ou

imposição, Regulamento (CE) n.o 2177/2002

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

maksua, asetus (EY) N:o 2177/2002

— Interventionskorn, utan tillämpning av bidrag eller avgift,

förordning (EG) nr 2177/2002.

(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 lodged under Article 13(4) of Regulation
(EEC) No 2131/93 shall be released once the export licences
have been issued to the successful tenderers.

Notwithstanding Article 17 of Regulation (EEC) No 2131/
2.
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.

As an exception to Article 15(2) of Regulation (EEC) No 3002/
92:

— the part of the security lodged when the licence is issued
shall be released within 20 working days of the date on
the
which the successful
cereals removed have left
the
Community.

that
the customs territory of

tenderer provides proof

Except in duly substantiated exceptional cases, in parti-
3.
cular the opening of an administrative enquiry, where the secu-
rities provided for in this Article are released after the time
limits specified in this Article,
the Member State shall be
required to pay compensation 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
submission of tenders, the Swedish 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.

As an exception to Article 17(3) of Regulation (EEC) No 2131/
93:

— the remainder of the security shall 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).

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 December 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

Djurön

Helsingborg

Köping

(in tonnes)

Quantity

21 517,365

7 079,340

7 496,648

ANNEX II

COMMUNICATION OF REFUSAL OF LOTS UNDER THE STANDING INVITATION FOR THE EXPORT OF
BARLEY HELD BY THE SWEDISH INTERVENTION AGENCY

(Article 6(1) of Regulation (EC) No 2177/2002)

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ANNEX III

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

(Regulation (EC) No 2177/2002)

ANNEX IV

The following numbers only for the Agriculture DG (C/1) in Brussels are to be used:

— fax:

(32-2) 296 49 56

(32-2) 295 25 15.