Commission Regulation (EC) No 459/2005 of 21 March 2005 opening a standing invitation to tender for the export of common wheat held by the Austrian intervention agency
Date: 2005-03-21
Institutions: European Commission
Subjects: Austria, award of contract, common wheat, export, intervention agency

22.3.2005

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 459/2005

of 21 March 2005

opening a standing invitation to tender for the export of common wheat held by the Austrian
intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(7)

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

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1784/2003 of 29
September 2003 on the common organisation of the market in
cereals (1), and in particular Article 6 thereof,

Article 1

HAS ADOPTED THIS REGULATION:

Whereas:

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

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

Article 2

(1)

(2)

(3)

Given the current market situation, a standing invitation
to tender should be opened for the export of 80 663
tonnes of common wheat held by the Austrian inter-
vention agency.

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.

(4) Where removal of

the common wheat

is delayed by
more than five days or the release of one of the securities
required is delayed for reasons imputable to the inter-
vention agency, the Member State concerned should pay
compensation.

(5)

To forestall reimportation refunds should be awarded
only for exportation to certain third countries.

(6) Whereas Article 7(2a) of Regulation (EEC) N° 2131/93
provides for the possibility of reimbursing the successful
tenderer for the lowest transport costs between the place
of storage and the actual place of exit.
In view of
Austria’s geographical position,
that provision should
be applied.

1.
The invitation to tender shall cover a maximum of 80 663
tonnes of common wheat for export to third countries with the
exception of Albania, Bulgaria, Croatia, Bosnia and Herzegovina,
Serbia and Montenegro (3) and the former Yugoslav Republic of
Macedonia, Liechtenstein, Romania and Switzerland.

The regions in which the 80 663 tonnes of common

2.
wheat are 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, without monthly
increase.

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.

4.
In application of Article 7(2a) of Regulation (EEC) No
2131/93, the successful tenderer shall be reimbursed for the
lowest costs between the place of storage and the actual place
of exit.

(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regu-

lation (EC) No 2045/2004 (OJ L 354, 30.11.2004, p. 17).

(3) Including Kosovo, as defined in UN Security Council Resolution

1244 of 10 June 1999.

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Article 4

1.
issue
Export licences shall be valid from their date of
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 (1).

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
31 March 2005.

The time limit for submission of tenders under subsequent
2.
partial invitations to tender shall be 9.00 (Brussels time) each
Thursday hereafter, with the exception of 5 May 2005.

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;

(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:

— one kilogram per hectolitre as regards specific weight,
which must not, however, be less than 75 kg/hl,

— 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 (2), and

regards

The last partial

3.
(Brussels time) on 23 June 2005.

invitation to tender shall expire at 9.00

Tenders must be lodged with the Austrian intervention

4.
agency:

AMA (Agrarmarkt Austria)
Dresdnerstraße 70
A-1200 Wien
Fax (43-1) 331 51 46 24, (43-1) 331 51 44 69.

Article 6

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

— 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

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

in question and the securities

— refuse to take over the lot concerned. The successful
tenderer shall be discharged of all obligations relating
to the lot
shall be
released provided the Commission and the intervention
agency are immediately notified in accordance with
if the successful tenderer requests
Annex II; however,
the intervention agency to supply another lot of inter-
vention common wheat 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
tenderer
successful
tenderer's request. The successful
shall notify the Commission immediately thereof
in
accordance with Annex II;

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

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

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(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 common wheat of the quality laid down at no
In that case, the security shall not be
additional charge.
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,

2.
if the common wheat is removed before the
results of the analyses are known, all risks shall be borne by
the successful
is removed,
tenderer from the time the lot
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-
shall be released, provided the
gations and the securities
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
inter-bin transfers
provided for in paragraph 1 but not of
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 (1), the documents relating to the sale of common
wheat under
the export
this Regulation, and in particular
licence, the removal order referred to in Article 3(1)(b) of Regu-
lation (EEC) No 3002/92, the export declaration and, where
applicable, the T5 copy shall carry the entry:

— Blød hvede fra intervention uden restitutionsydelse eller

-afgift, forordning (EF) nr. 459/2005

— Weichweizen aus Interventionsbeständen ohne Anwendung
von Ausfuhrerstattungen oder Ausfuhrabgaben, Verordnung
(EG) Nr. 459/2005

— Pehme nisu sekkumisvarudest, mille puhul ei
toetust või maksu, määrus (EÜ) nr 459/2005

rakendata

— Μαλακός σίτος παρέμβασης χωρίς εφαρμογή επιστροφής ή

φόρου, κανονισμός (ΕΚ) αριθ. 459/2005

— Intervention common wheat without application of refund

or tax, Regulation (EC) No 459/2005

— Blé tendre d'intervention ne donnant pas lieu à restitution ni

taxe, règlement (CE) no 459/2005

— Frumento tenero d'intervento senza applicazione di resti-

tuzione né di tassa, regolamento (CE) n. 459/2005

— Intervences parastie kvieši bez kompensācijas vai nodokļa

piemērošanas, Regula (EK) Nr. 459/2005

— Intervenciniai paprastieji kviečiai, kompensacija ar mokesčiai

netaikytini, Reglamentas (EB) Nr. 459/2005

— Intervenciós búza, visszatérítés,
mazandó, 459/2005/EK rendelet

illetve adó nem alkal-

— Zachte tarwe uit interventie, zonder toepassing van restitutie

of belasting, Verordening (EG) nr. 459/2005

— Pszenica zwyczajna

interwencyjna niedająca prawa do
refundacji ani do opłaty, rozporządzenie (WE) nr 459/2005

— Trigo mole de intervenção sem aplicação de uma restituição

ou imposição, Regulamento (CE) n.o 459/2005

— Intervenčná

nepodlieha
náhradám ani clu, nariadenie (ES) č. 459/2005

obyčajná

pšenica

vývozným

— Trigo blando de intervención sin aplicación de restitución ni

gravamen, Reglamento (CE) no 459/2005

— Intervencija navadne pšenice brez zahtevkov za nadomestila

ali carine, Uredba (ES) št. 459/2005

— Intervenční pšenice obecná nepodléhá vývozní náhradě ani

clu, nařízení (ES) č. 459/2005

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

— Interventiovehnä, johon ei sovelleta vientitukea eikä vienti-

maksua, asetus (EY) N:o 459/2005

— Interventionsvete, utan tillämpning av bidrag eller avgift,

förordning (EG) nr 459/2005.

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Article 8

Article 9

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
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.

Within two hours of
for the
the expiry of
submission of tenders, the Austrian 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 Union.

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

Done at Brussels, 21 March 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Burgenland, Niederösterreich, Oberösterreich

Place of storage

ANNEX I

ANNEX II

(in tonnes)

Quantity

80 663

Communication of refusal of lots under the standing invitation to tender for the export of common wheat held
by the Austrian intervention agency

(Article 6(1) of Regulation (EC) No 459/2005)

— 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 common wheat held by the Austrian intervention agency

(Regulation (EC) No 459/2005)

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 (D.2) in Brussels are to be used:
— Fax (32-2) 292 10 34.