Commission Regulation (EC) No 346/2003 of 24 February 2003 on the opening of a standing invitation to tender for the resale on the Community market of rice held by the French intervention agency for use in animal feed
Date: 2003-02-24
Institutions: European Commission
Subjects: France, animal nutrition, award of contract, intervention agency, rice, sale

25.2.2003

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 346/2003

of 24 February 2003

on the opening of a standing invitation to tender for the resale on the Community market of rice
held by the French intervention agency for use in animal feed

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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

(7)

(8)

Commission Regulation (EEC) No 3002/92 (6), as last
amended by Regulation (EC) No 770/96 (7), lays down
common detailed rules for verifying the use of products
from intervention. Procedures should also be laid down
to ensure the traceability of the products used for animal
feed.

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

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Commission Regulation (EEC) No 75/91 of 11 January
1991 laying down the procedures and conditions for the
disposal of paddy rice held by intervention agencies (3)
provides among other things that rice held by interven-
tion agencies is to be sold by tendering procedure at
prices preventing market disturbance.

France has
intervention stocks of paddy rice from
harvests earlier than 1999 the quality of which is in
danger of deteriorating if kept in prolonged storage.

Disposing of this rice on traditional markets inside the
Community would inevitably trigger off — in the
present production situation where concessions for rice
imports are being granted under international agree-
ments — the placing of an equivalent quantity in inter-
vention, which must be avoided.

This rice could be disposed of in the animal feed sector,
on special conditions.

In order to ensure that the rice is used for the purpose
specified, provision should be made for special moni-
toring and for the successful
tenderer to provide a
security, the conditions for the release of which should
be laid down.

The undertakings given by tenderers must be regarded as
primary requirements within the meaning of Commis-
sion Regulation (EEC) No 2220/85 of 22 July 1985
laying down common detailed rules for the application
of the system of securities for agricultural products (4), as
last amended by Regulation (EC) No 1932/1999 (5).

(1) OJ L 329, 30.12.1995, p. 18.
(2) OJ L 62, 5.3.2002, p. 27.
(3) OJ L 9, 12.1.1991, p. 15.
(4) OJ L 205, 3.8.1985, p. 5.
(5) OJ L 240, 10.9.1999, p. 11.

HAS ADOPTED THIS REGULATION:

Article 1

The French intervention agency shall offer for sale by standing
invitation to tender on the Community internal market a quan-
tity of rice as referred to in Annex I from the 1998 harvest for
use in preparations of a kind used in animal feeding (products
falling within CN code 2309).

Article 2

The sale provided for in Article 1 shall take place in

1.
accordance with Regulation (EEC) No 75/91.

However, notwithstanding Article 5 of that Regulation:

(a) tenders shall be drawn up on the basis of the actual quality

of the lot to which they apply;

(b) the minimum sale price shall be set at a level that does not

disturb the market for cereals within the Community.

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,

— to carry out immediately, under the supervision of the
competent authorities at a place determined by agree-
ment with them, the treatments described in Annex II
or in Annex III, designed to ensure verification of the
use made of
the
products;

the rice and the traceability of

(6) OJ L 301, 17.10.1992, p. 17.
(7) OJ L 104, 27.4.1996, p. 13.

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(b) where they are rice mills:

— to carry out, within two months of the date of the
award of
the treatments described in
Annex III of rice for which they are declared the
successful tenderer;

the contract,

— to ensure that

is incorporated in feed
within four months of the date of the award of the
contract, save in cases of force majeure;

this product

The closing dates for the submission of tenders for subse-
2.
quent partial invitations to tender shall be each Wednesday at
12.00 (Brussels time), with the exception of Wednesday 16
April 2003 and Wednesday 30 April 2003.

The closing date for the submission of tenders for the last
invitation to tender shall be 21 May 2003 at 12.00

3.
partial
(Brussels time).

(c) to bear the costs of the processing and treatment of the

Tenders must be lodged with the French intervention agency:

products;

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

have respected their undertakings.

Article 3

1.
A notice of invitation to tender shall be published by the
French intervention agency at least eight days before the final
day of the first period for the submission of tenders. The
notice, and any changes to it, shall be forwarded to the
Commission before publication.

2.

The notice of invitation to tender shall contain:

(a) the additional clauses and conditions of sale compatible

with this Regulation;

(b) the places of storage and the name and address of the

storer;

(c) details of the competent authorities responsible for moni-

toring the operation;

(d) the main physical and technological characteristics of the
various lots established upon buying in by the intervention
agency or during checks carried out subsequently.

3.
The French intervention agency shall take all additional
steps necessary to enable the parties concerned to assess the
quality of the rice put up for sale before submitting their
tenders.

Article 4

1.

Tenders shall be valid only if they are accompanied by:

(a) evidence that the tenderer has lodged a security of EUR 15

per tonne;

(b) evidence that the tenderer is an animal feed manufacturer

or 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.

Once submitted, a tender may not be altered or with-

2.
drawn.

Article 5

The closing date for the submission of tenders for the first
invitation to tender shall be 5 March 2003 at 12.00

1.
partial
(Brussels time).

Office National Interprofessionnel des Céréales (ONIC)
Service Intervention
21, Avenue Bosquet
F-75341 Paris Cedex 07
Tel.:(+33-0) 144 18 21 87
Fax: (+33-0) 144 18 20 80.

Article 6

Not later than 10.00 (Brussels time) on the Thursday following
the expiry of the deadline for the submission of tenders, the
French intervention agency shall notify the Commission of the
tenders received. The information shall be forwarded using the
form given in Annex IV and the fax and telex numbers shown
in Annex V. Details of inadmissible tenders shall be notified
separately. The reasons for their rejection shall also be given.

Article 7

The Commission shall set the minimum sale price or decide
not to accept the tenders. The decision shall be taken in accor-
dance with the procedure laid down in Article 22 of Regulation
(EC) No 3072/95.

Article 8

The intervention agency shall immediately notify all tenderers
of the outcome of their participation in the tendering proce-
dure.

Within three working days of the notification referred to in the
first paragraph,
it shall send notices of award of contract to
successful tenderers by registered letter or written telecommu-
nication.

Article 9

Successful tenderers shall pay for the rice before it is removed,
and at the latest within one month of the date of dispatch of
the notice referred to in the second paragraph of Article 8. The
risks and costs of storing rice that is not removed within the
payment period shall be borne by the successful tenderers.

Following the expiry of the payment period, rice for which a
contract is awarded and which is not removed shall be regarded
for all purposes as having been removed from storage.

Where a successful tenderer fails to pay for the rice within the
period referred to in the first paragraph, the contract shall be
terminated by the intervention agency, where appropriate in
respect of the quantity not paid for.

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Article 10

Article 12

The security referred to in Article 4(1)(c) shall be released

1.
in respect of quantities for which:

(a) no award is made;

(b) payment of the sale price is made within the period set and
the security referred to in Article 4(1)(d) has been lodged;

(c) 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 in feed;
— 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.

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 used in accordance with the provisions laid
down in this Regulation.

3.
Proof that the rice has been used in feed as referred to in
this Regulation shall be provided in accordance with Regulation
(EEC) No 3002/92.

In addition to the particulars provided for in Regulation (EEC)
No 3002/92, box 104 of the control copy T5 shall bear one or
more of the following entries:

— Destinados a la transformación [Reglamento (CE) no 346/

2003]

— Til forarbejdning (forordning (EF) nr. 346/2003)

— Zur Verarbeitung bestimmt

(Verordnung (EG) Nr. 346/

2003)

— Προορίζονται για µεταποίηση [Κανονισµός (ΕΚ) αριθ. 346/

2003]

— For processing (Regulation (EC) No 346/2003)

— Destinées à la transformation [règlement (CE) no 346/2003]

— Destinate alla trasformazione [regolamento (CE) n. 346/

2003]

— Bestemd om te worden verwerkt

(Verordening (EG) nr.

346/2003)

— Para transformação [Regulamento (CE) n.o 346/2003]

— Tarkoitettu jalostukseen (Asetus (EY) N:o 346/2003)

— För bearbetning (förordning (EG) nr 346/2003)

Article 11

Article 13

The obligation set out in Article 2(2) shall be regarded as a
primary requirement within the meaning of Article 20 of Regu-
lation (EEC) No 2220/85.

This Regulation shall enter
into force on the third day
following its publication in the Official Journal of the European
Union.

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

Done at Brussels, 24 February 2003.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

(tonnes)

Place of storage

Marseille region: Arles

Lyon region: Salaise/Sanne

Montpellier region: Saint Gilles

Quantity

740

1 542,040

3 843,660

520

Total

6 645,700

ANNEX II

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

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

1. the paddy rice must be husked and broken in such a way as to produce not less than 77 %, by weight of paddy rice,

of fine broken grains and/or fragments of husked rice as defined in the Annex to Regulation (EC) No 3073/95;

2. the product obtained after processing (not including the husk) must be marked using the colourant E131 patent blue

V or E142 acid brilliant green BS (lissamine green) to enable it to be identified.

ANNEX III

Treatment provided for in the second indent of Article 2(2)(a) and in the first indent of Article 2(2)(b)

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 colourant E131 patent blue V or E142 acid brilliant

green BS (lissamine green) to enable it to be identified.

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ANNEX IV

Standing invitation to tender for the resale of around 6 646 tonnes of rice by the French intervention agency
for use in animal feed

(Regulation (EC) No 346/2003)

ANNEX V

The form shown in Annex IV is to be sent to the DG for Agriculture in Brussels by:

fax

(32-2) 296 60 21
(32-2) 295 25 15.