Commission Regulation (EC) No 1185/2004 of 25 June 2004 opening a standing invitation to tender for the export of rye held by the German intervention agency
Date: 2004-06-25
Institutions: European Commission
Subjects: Germany, award of contract, export, intervention agency, rye

26.6.2004

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1185/2004

of 25 June 2004

opening a standing invitation to tender for the export of rye held by the German intervention
agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of
in
cereals (1), and in particular Article 5 thereof,

the market

Whereas:

Commission Regulation (EEC) No 2131/93 (2), lays down
the procedure and conditions for the disposal of cereals
held by intervention agencies.

Article 1

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

Article 2

The invitation to tender shall cover a maximum of

1.
1 000 000 tonnes of rye for export to third countries.

The regions in which the 1 000 000 tonnes of rye are

2.
stored are set out in Annex I.

Given the current market situation, a standing invitation
to tender should be opened for the export of 1 000 000
tonnes of rye held by the German intervention agency.

1.
As an exception to the third paragraph of Article 16 of
Regulation (EEC) No 2131/93, the price to be paid for the
export shall be that quoted in the tender, without monthly
increase

Article 3

Special rules must be laid down to ensure that
the
operations 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
Regulation (EEC) No 2131/93.

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.

(1)

(2)

(3)

(4) Where removal of the rye 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 should pay compensation.

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.

(5)

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

(1) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regu-

lation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

(2) OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regu-

lation (EC) No 777/2004 (OJ L 23, 27.4.2004, p. 50).

Tenders submitted in response to this invitation to tender
2.
may not be accompanied by export
licence applications
submitted under Article 49 of Commission Regulation (EC)
No 1291/2000 (3).

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

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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 9.00 (Brussels time) on
1 July 2004.

of invitation to tender, providing that the differences do not
exceed the following limits:

— one kilogram per hectolitre as regards specific weight,
which must not, however, be less than 68 kg/hl,

2.
The time limit for submission of tenders under subsequent
partial invitations to tender shall be 9.00 (Brussels time) each
Thursday thereafter, with the exception of 22 July 2004, 5
August 2004, 19 August 2004, 2 September 2004, 23
December 2004, 24 March 2005, 5 May 2005 and 26 May
2005.

— one percentage point as regards moisture content,

— half a percentage point as

the impurities
specified in points B.2 and B.4 of the Annex to Regu-
lation (EC) No 824/2000 (1), and

regards

The last partial

3.
(Brussels time) on 23 June 2005.

invitation to tender shall expire at 9.00

— half a percentage point as

the impurities
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,

regards

Tenders must be lodged with the German intervention

4.
agency:

the successful tenderer must accept the lot as established;

Bundesanstalt für Landwirtschaft und Ernährung
BLE
Adickesallee 40
D-60322 Frankfurt am Main
(Telefax: 00 49 691 56 49 62).

Article 6

(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

The intervention agency,

1.
the storer and a successful
tenderer shall, at the request of the latter and by common
the time of
agreement, either before or at
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.

removal

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

Reference samples for counter-analysis shall be taken and
analysed 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:

(a) higher than that specified in the notice of

invitation to
tender, the successful tenderer must accept the lot as estab-
lished;

in question and the securities

— refuse to take over the lot concerned. The successful
tenderer shall be discharged of all obligations relating
shall be
to the lot
released provided the Commission and the intervention
agency are immediately notified in accordance with
Annex II; however,
if the successful tenderer requests
the intervention agency to supply another lot of inter-
vention rye of the quality laid down at no additional
charge, the security shall not be released. The lot must
the
be replaced within three days of
tenderer
successful
in
shall notify the Commission immediately thereof
accordance with Annex II;

tenderer's request. The successful

the date of

(d) below the minimum characteristics laid down for inter-
vention, 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 secu-
rities shall be released provided the Commission and the
intervention agency are immediately notified in accordance
with Annex II; however, the successful tenderer may request
the intervention agency to supply another lot of
inter-
vention rye 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.

(b) higher than the minimum characteristics laid down for
intervention but below the quality described in the notice

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

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However, if the rye 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 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 the request for a repla-
cement, the successful tenderer shall be discharged of all obli-
gations and the securities
shall be released, provided the
Commission and the intervention agency have been imme-
diately informed in accordance with Annex II.

4.
Except where the final results of analyses indicate a quality
below the minimum characteristics laid down for intervention,
the costs of taking the samples and conducting the analyses
provided for in paragraph 1 but not of
inter-bin transfers
shall be borne by the European Agricultural Guidance and
Guarantee Fund (EAGGF)
for up to one analysis per 500
inter-bin transfers and any additional
tonnes. The costs of
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 (1), the documents relating to the sale of rye 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:

— Centeno de intervención sin aplicación de restitución ni

gravamen, Reglamento (CE) no …/2004

— Intervenční žito nepodléhá vývozní náhradě ani clu, nařízení

(ES) č. …/2004

— Rug fra intervention uden restitutionsydelse eller -afgift,

forordning (EF) nr. …/2004

— Σίκαλη παρέμβασης χωρίς εφαρμογή επιστροφής ή φόρου,

κανονισμός (ΕΚ) αριθ. …/2004

— Intervention rye without application of refund or tax, Regu-

lation (EC) No …/2004

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

taxe, règlement (CE) no …/2004

— Segala d'intervento senza applicazione di restituzione né di

tassa, regolamento (CE) n. …/2004

— Intervences rudzi bez kompensācijas vai nodokļa piemēr-

ošanas, Regula (EK) Nr. …/2004

— Intervenciniai rugiai, kompensacija ar mokesčiai netaikytini,

Reglamentas (EB) Nr. …/2004

— Intervenciós

rozs, visszatérítés,

illetve

adó nem alkal-

mazandó, …/2004/EK rendelet

— Rogge uit interventie, zonder toepassing van restitutie of

belasting, Verordening (EG) nr. …/2004

— Żyto interwencyjne niedające prawa do refundacji ani do

opłaty, rozporządzenie (WE) nr …/2004

— Centeio de intervenção sem aplicação de uma restituição ou

imposição, Regulamento (CE) n.o …/2004

— Intervenčný jačmeň, nepodlieha vývozným náhradám ani

clu, nariadenie (ES) č. …/2004

— Intervencija rži brez zahtevkov za nadomestila ali carine,

Uredba (ES) št. …/2004

— Interventioruista,

johon ei sovelleta vientitukea eikä vienti-

maksua, asetus (EY) N:o …/2004

— Interventionsroggen ohne Anwendung von Ausfuhrerstat-
tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. …/2004

— Interventionsråg, utan tillämpning av bidrag eller avgift,

förordning (EG) nr …/2004.

— Sekkumisrukis, mille puhul ei rakendata toetust või maksu,

määrus (EÜ) nr …/2004

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

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.

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Notwithstanding Article 17 of Regulation (EEC) No
2.
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 25 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.

Except

in duly

substantiated exceptional

in
3.
particular the opening of an administrative enquiry, where the
securities 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.

cases,

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

This compensation shall not be charged to the EAGGF.

— 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

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 9

for the
the expiry of
Within two hours of
submission of tenders, the German 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.

the time limit

Article 10

This Regulation shall enter into force on the day of its publi-
cation 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, 25 June 2004.

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

Schleswig-Holstein/Hamburg/Niedersachsen/Bremen/
Mecklenburg-Vorpommern

(in tonnes)

Quantity

139 719

Berlin/Brandenburg/Sachsen-Anhalt/Sachsen/Thüringen

860 281

ANNEX II

Communication of refusal of lots under the standing invitation to tender for the export of rye held by the
German intervention agency

(Article 6(1) of Regulation (EC) No 1185/2004)

— Name of successful tenderer:
— Date of award:
— Date of refusal of the lot by the successful tenderer:

Number of lot

Quantity in
tonnes

Address of the
silo

Reason for refusal to take over

— PS (kg/hl)
— % of sprouted grains
— % of miscellaneous impurities (Schwarzbesatz)
— % of matter other than basic cereals of unimpaired quality
— Other

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ANNEX III

Standing invitation to tender for the export of rye held by the German intervention agency

(Regulation (CE) No 1185/2004)

1

2

3

4

5

6

7

Serial numbers
of tenderers

Number
of lot

Quantity in
tonnes

Tender price
(EUR/t) (1)

Increases (+)
Reductions (–)
(EUR/t)
(for the
record)

Commercial
costs
(EUR/t)

Destination

1
2

3

etc.

(1) This price includes the increases and reductions relating to the lot covered by the tender.

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.