Commission Regulation (EC) No 1821/2003 of 16 October 2003 opening a standing invitation to tender for the resale on the Community market of rice from the 1999 harvest held by the French intervention agency
Date: 2003-10-16
Institutions: European Commission
Subjects: France, animal nutrition, award of contract, food processing, intervention agency, rice, sale, single market

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1821/2003

of 16 October 2003

opening a standing invitation to tender for the resale on the Community market of rice from the
1999 harvest held by the French intervention agency

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

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Commission Regulation (EEC) No 75/91 (3) provides
among other things that rice held by intervention agen-
cies is to be sold by tendering procedure at prices
avoiding market disturbance.

France still has intervention stocks of paddy rice from
the 1999 harvest, 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 and subsidised exports restricted — the placing of
an equivalent quantity in intervention, which must be
avoided.

This rice can be disposed of by processing it into either
broken rice or products derived therefrom, or into some
other form suitable for use in animal feed, on certain
conditions.

In order to ensure that the rice really is processed, the
specially monitored and the
procedure
to be
successful
released on conditions to be laid down.

should be
tenderer should provide a security,

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.

(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.

So that the quantities awarded can be managed accu-
rately, an allocation coefficient should be fixed for
tenders offering the minimum selling price, while
to specify a minimum quantity
allowing tenderers
awarded below which they do not wish their tender to
stand.

(9) When the French intervention agency notifies

the

Commission, the tenderers should remain anonymous.

(10) While respecting the tenderers' anonymity, they should
be identified by numbers so that it is evident which have
tenders and what prices they have
submitted several
offered.

(11)

For control purposes, tenders must be traceable by their
reference numbers, while safeguarding anonymity.

(12) With a view to modernising management, the informa-
tion required by the Commission should be sent by elec-
tronic mail.

(13)

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

The French intervention agency shall launch a standing invita-
the
tion to tender for the sale on the internal market of
Community of quantities of rice from the 1999 harvest held by
it and previously notified to the Commission under Regulation
(EEC) No 75/91, as set out in Annex I hereto, with a view to its
processing into either broken rice within the meaning of Annex
A point 3 to Regulation (EC) No 3072/95 or products derived
therefrom, or into some other form suitable for use in animal
feed (CN code 2309).

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

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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 which does

not disturb the cereals or rice market.

2.

Tenderers shall give the following undertakings:

(a) where the rice is to be processed into broken rice or

products derived therefrom:

(i) that they will carry out the treatment provided for in
Annex II within two months of the date of award of
the contract, under the supervision of the competent
authorities and at a place determined in agreement
with them;

(ii) that they will use the awarded products solely in the
form of broken rice or products derived therefrom
either without further processing or by incorporating
them into another product or by processing them,
within six months of the date of award of the contract,
except in cases of force majeure or on the specific
instructions of the intervention agency authorising a
change in the deadline on account of exceptional
circumstances;

majeure or on the specific instructions of the inter-
vention agency authorising a change in the deadline
on account of exceptional circumstances;

(c) that they will bear the costs of the processing and treatment

of the products;

(d) that they will keep stock records demonstrating that they

have respected their undertakings.

Article 3

1.
The French intervention agency shall publish a notice of
invitation to tender 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) the main physical and technological characteristics of the
various lots established upon buying-in by the intervention
agency or during checks carried out subsequently;

(d) the number of each lot;

(iii) if they sell the products on, that they will have the

purchaser give the above undertaking;

(e) particulars of

the competent authorities responsible for

monitoring the operation.

(b) where the rice is to be processed into a form suitable for

use in animal feed:

(i) where they are feed manufacturers:

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

— that they will carry out the treatments described in
Annex III or IV within two months of the date of
award of the contract, under the supervision of the
competent authorities and at a place determined in
agreement with them, with a view to verifying the
use made of the rice and ensuring the traceability of
the products,

— that they will ensure that this product is incorpo-
rated in feed within three months of the date of the
award of
force
majeure or on the specific instructions of the inter-
vention agency authorising a change in the deadline
on account of exceptional circumstances;

the contract, except

in cases of

(ii) where they are rice mills:

— that they will carry out the treatments described in
Annex IV within two months of the date of award
of the contract, under the supervision of the compe-
tent authorities and at a place determined in agree-
ment with them, with a view to verifying the use
made of the rice and ensuring the traceability of the
products,

— that they will ensure that this product is incorpo-
rated in feed within four months of the date of the
force
award of

the contract, except

in cases of

Article 4

Tenders shall indicate whether they relate to processing
1.
into broken rice or products derived therefrom or into a form
suitable for animal feed.

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 a rice mill;

(c) a written undertaking by the tenderer to lodge a security,
not later than two working days after the date of receipt of
the notice of award of contract, 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.

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

2.
drawn.

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In case the Commission is required to fix an award coeffi-
3.
cient for the quantities offered for sale as provided for in the
second paragraph of Article 7, tenderers should indicate any
minimum awarded quantity below which they do not wish
their tender to stand.

Article 5

The closing date for the submission of tenders for the first
1.
partial invitation to tender shall be 28 October 2003 at 12.00
(Brussels time).

The time limit for submission of tenders in respect of
2.
subsequent partial invitations to tender shall be 12.00 (Brussels
time) each Tuesday thereafter.

The closing date for the submission of tenders for the last
invitation to tender shall be 16 December 2003 at

3.
partial
12.00 (Brussels time).

Tenders must be lodged with the French intervention agency:

Office National Interprofessionnel des Céréales (ONIC)
Service Intervention
21, avenue Bosquet
F-75341 Paris Cedex 07
Telephone: (33-1) 44 18 21 87
Fax: (33-1) 47 05 61 32.

Article 7

For each type of processing, the Commission shall set the
minimum sale price or decide not to award any quantities. In
the event that tenders are submitted for the same lot and for a
quantity larger than that available, the Commission may fix this
price separately for each lot.

Where tenders are offering the minimum sale price,
the
Commission may fix an award coefficient for the quantities
offered at the same time as it fixes the minimum sale price.

This decision shall be taken in accordance 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 6

Article 9

Not

1.
later than 9.00 (Brussels time) on the Thursday
following the closing date for the submission of tenders, the
French intervention agency shall notify the Commission of the
information provided for in Annex V hereto, broken down by
type of processing.

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.

For each type of processing and for each partial tendering
identify the

2.
procedure, the French intervention agency shall
tenderers by an individual number, starting at 1.

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.

To ensure anonymity, the numbers shall be allocated randomly
and separately for each type of processing and each partial
tendering procedure.

The French intervention agency shall give each tender a refer-
ence number in such a way as to ensure that the tenderers
remain anonymous. For the entire standing tendering proce-
dure, each tender shall be identified by its own reference
number.

3.
The notification referred to in paragraph 1 shall be made
by electronic mail to the address given in Annex V using the
form provided to the French intervention agency by the
Commission for that purpose.

The notification must be sent even if no tenders are submitted,
in which case it must state that no tenders have been received
within the deadline laid down.

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.

Article 10

1.

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

(a) in full for the quantities for which:

(i) no award is made;

(ii) the tender does not stand, in accordance with Article

4(3);

(iii) the sale price is paid within the period set and the
security referred to in Article 4(1)(c) has been lodged;

The French intervention agency shall also notify the
the information specified in Annex V for

4.
Commission of
rejected tenders, stating why they were rejected.

(b) proportionately to the quantity not awarded where an
award coefficient is set for the quantities offered in accor-
dance with the second paragraph of Article 7.

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The security referred to in Article 4(1)(c) shall be released
2.
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 this Regulation.

However, the security shall be released in full:

(a) on presentation of proof that the treatment referred to in
Annex II has been carried out and that the undertakings
provided for in Article 2(2)(a)(ii) and (iii) have been made;

(b) on presentation of proof that the treatment referred to in
Annex III has been carried out, provided that not less than
95 % of the fine broken grains and/or fragments obtained
has been used in compound feed;

(c) on presentation of proof that the treatment referred to in
Annex IV has been carried out, provided that not less than
95 % of
the milled rice obtained has been used in
compound feed.

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

Article 11

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.

and (iii) and shall bear one or more of the following entries,
together with the number of the Annex to this Regulation
corresponding to the treatment required:

— Destinados a la transformación prevista en el anexo … del

Reglamento (CE) no 1821/2003

— Til forarbejdning som fastsat i bilag … til forordning (EF)

nr. 1821/2003

— Zur Verarbeitung gemäß Anhang … der Verordnung (EG)

Nr. 1821/2003 bestimmt

— Προορίζονται για µεταποίηση που προβλέπεται στο παράρτηµα

… του κανονισµού (ΕΚ) αριθ. 1821/2003

— For processing provided for in Annex … to Regulation (EC)

No 1821/2003

— Destinés à la transformation prévue à l'annexe … du règle-

ment (CE) no 1821/2003

— Destinati alla trasformazione prevista all'allegato … del

regolamento (CE) n. 1821/2003

— Bestemd om te worden verwerkt overeenkomstig bijlage …

van Verordening (EG) nr. 1821/2003

— Para a transformação prevista no anexo … do Regulamento

(CE) n.o 1821/2003

— Tarkoitettu asetuksen (EY) N:o 1821/2003 liitteessä …

säädettyyn jalostukseen

— För bearbetning enligt bilaga … till

förordning (EG) nr

1821/2003.

Article 12

Article 13

In addition to the particulars provided for in Regulation (EEC)
No 3002/92, box 104 of the control copy T5 shall refer, where
applicable, to the undertakings provided for in Article 2(2)(a)(ii)

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, 16 October 2003.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

1

2

3

Place of storage (address)

Place of storage
(identification code) (1)

Available quantities

(in tonnes)

ZI Portuaire — 38 150 Salaise-sur-Sanne

Silo du Pouzin, ZI — 07 250 Le Pouzin

Domaine de l'Eysselle — 13 230 Port-Saint-Louis-du-Rhône

FRP38002

FRP07005

FRP13004

(1) The national identification code shall be preceded by the ISO code for France.

Total

1 095,500

5 406,120

3 498,380

10 000,000

ANNEX II

Treatment provided for in Article 2(2)(a)(i)

The rice taken over must be processed as follows:

1. The paddy rice must be milled to give the overall minimum yield and whole grain yield previously determined by the
laboratory on a sample removed when the rice for which the contract is awarded was taken over, with a tolerance of
plus or minus 1 % applicable to the overall minimum yield and whole grain yield.

2. All the milled rice obtained must be broken to give at least 99 % broken grains within the meaning of Annex A to

Regulation (EC) No 3072/95. It may also be processed directly into products derived from broken rice.

ANNEX III

Treatment provided for in the first indent of Article 2(2)(b)(i)

The rice taken over must be processed as follows:

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 point C of 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.

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ANNEX IV

Treatment provided for in the first indent of Article 2(2)(b)(i) and in the first indent of Article 2(2)(b)(ii)

1. The paddy rice must be milled to give the overall minimum yield and whole grain yield previously determined by the
laboratory on a sample removed when the rice for which the contract is awarded was taken over, with a tolerance of
plus or minus 1 % applicable to the overall minimum yield and whole grain yield.

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.

ANNEX V