Commission Regulation (EC) No 462/2005 of 21 March 2005 opening a standing invitation to tender for the export of barley held by the German intervention agency
Date: 2005-03-21
Institutions: European Commission
Subjects: Germany, award of contract, barley, export, intervention agency

22.3.2005

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Official Journal of the European Union

L 75/27

COMMISSION REGULATION (EC) No 462/2005

of 21 March 2005

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

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

HAS ADOPTED THIS REGULATION:

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

Whereas:

(1)

(2)

(3)

Commission Regulation (EEC) No 2131/93 (2), 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 500 693
tonnes of barley held by the German intervention agency.

the
Special rules must be laid down to ensure that
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.

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 barley held by it.

Article 2

1.
The invitation to tender shall cover a maximum of
500 693 tonnes of barley for export to third countries with
the exception of Albania, Bulgaria, Canada, Croatia, Bosnia
and Herzegovina, Mexico, Serbia and Montenegro (3),
the
United States of America,
the former Yugoslav Republic of
Macedonia, Liechtenstein, Romania and Switzerland.

The regions in which the 500 693 tonnes of barley are

2.
stored are set out in Annex I.

Article 3

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.

(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,
the Member State concerned should pay compensation.

No export refund or tax or monthly increase shall be

2.
granted on exports carried out under this Regulation.

(5)

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

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

3.
apply.

(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.

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:

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 and
26 May 2005.

(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 64 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 German intervention

4.
agency:

Bundesanstalt für Landwirtschaft und Ernährung (BLE)
Adickesallee 40
D-60322 Frankfurt am Main
Fax (49) 691 56 46 24

Article 6

The intervention agency,

the storer and a successful
1.
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

— 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 barley 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
shall notify the Commission immediately thereof
in
accordance with Annex II;

tenderer's request. The successful

the date of

(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 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.

2.
However, if the barley is removed before the results of 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 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.

Except where the final results of analyses indicate a quality
4.
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
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.

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

tungen
462/2005

— Sekkumisoder, mille puhul ei rakendata toetust või maksu,

määrus (EÜ) nr 462/2005

— Κριθή παρέμβασης χωρίς εφαρμογή επιστροφής ή φόρου,

κανονισμός (ΕΚ) αριθ. 462/2005

— Intervention barley without application of refund or tax,

Regulation (EC) No 462/2005

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

règlement (CE) no 462/2005

— Orzo d'intervento senza applicazione di restituzione né di

tassa, regolamento (CE) n. 462/2005

— Intervences rudzi bez kompensācijas vai nodokļa piemēr-

ošanas, Regula (EK) Nr. 462/2005

— Intervenciniai rugiai, kompensacija ar mokesčiai netaikytini,

Reglamentas (EB) Nr. 462/2005

— Intervenciós

árpa, visszatérítés,
mazandó, 462/2005/EK rendelet

illetve

adó nem alkal-

— Gerst uit

interventie, zonder toepassing van restitutie of

belasting, Verordening (EG) nr. 462/2005

Article 7

— Jęczmień interwencyjny niedający prawa do refundacji ani

do opłaty, rozporządzenie (WE) nr 462/2005

As an exception to Article 12 of Commission Regulation (EEC)
No 3002/92 (1), 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 462/2005

— Intervenční

ječmen nepodléhá vývozní náhradě ani clu,

nařízení (ES) č. 462/2005

— Byg fra intervention uden restitutionsydelse eller -afgift,

forordning (EF) nr. 462/2005

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

— Cevada de intervenção sem aplicação de uma restituição ou

imposição, Regulamento (CE) n.o 462/2005

— Intervenčný jačmeň nepodlieha vývozným náhradám ani

clu, nariadenie (ES) č. 462/2005

— Intervencija rži brez zahtevkov za nadomestila ali carine,

Uredba (ES) št. 462/2005

— Interventio-ohra,

johon ei sovelleta vientitukea eikä vienti-

maksua, asetus (EY) N:o 462/2005

— Interventionskorn, utan tillämpning av bidrag eller avgift,

förordning (EG) nr 462/2005.

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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 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 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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ANNEX I

Place of storage

Schleswig-Holstein, Hamburg, Niedersachsen, Bremen, Mecklenburg-Vorpommern, Berlin,
Brandenburg, Sachsen-Anhalt, Sachsen, Thüringen, Nordrhein-Westfalen, Hessen, Rheinland-
Pfalz, Saarland, Baden-Württemberg, Bayern

(in tonnes)

Quantity

500 693

ANNEX II

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

(Article 6(1) of Regulation (EC) No 462/2005)

— 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 BARLEY HELD BY THE GERMAN
INTERVENTION AGENCY

(Regulation (EC) No 462/2005)

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.