Commission Regulation (EC) No 1695/2005 of 17 October 2005 opening a standing invitation to tender for the export of common wheat held by the French intervention agency
Date: 2005-10-17
Institutions: European Commission
Subjects: France, award of contract, common wheat, export, intervention agency

18.10.2005

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1695/2005

of 17 October 2005

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Article 1

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,

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

Whereas:

(1)

(2)

(3)

(4)

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

Commission Regulation (EEC) No 3002/92 (3) lays down
common detailed rules for verifying the use and/or desti-
nation of products from intervention.

Given the current market situation, a standing invitation
to tender should be opened for the export of 500 000
tonnes of common wheat held by the French 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.

(5)

To forestall reimportation, exports under this invitation
to tender should be limited to certain third countries.

(6) With a view to modernising the management of the
system, provision should be made for the electronic
transmission of
the
Commission.

information required by

the

Article 2

The invitation to tender shall cover a maximum of 500 000
tonnes of common wheat for export to third countries with the
exception of Albania, Bosnia and Herzegovina, Bulgaria, Croatia,
the former Yugoslav Republic of Macedonia, Liechtenstein,
Romania, Serbia and Montenegro (4) and Switzerland.

Article 3

No export refund or tax or monthly increase shall be

1.
granted on exports carried out under this Regulation.

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

2.
apply.

3.
Notwithstanding 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 4

Export licences shall be valid from their date of issue
1.
within the meaning of Article 9 of Regulation (EEC) No
2131/93 until the end of the fourth month thereafter.

(7)

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

(1) OJ L 270, 21.10.2003, p. 78. Regulation as amended by Regulation

(EC) 1154/2005 (OJ L 187, 19.7.2005, p. 11).

Tenders submitted in response to this invitation to tender
2.
need not be accompanied by export
licence applications
submitted under Article 49 of Commission Regulation (EC)
No 1291/2000 (5).

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

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

lation (EC) No 749/2005 (OJ L 126, 19.5.2005, p. 10).

1244 of 10 June 1999.

(3) OJ L 301, 17.10.1992, p. 17. Regulation as last amended by Regu-

(5) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 770/96 (OJ L 104, 27.4.1996, p. 13).

lation (EC) No 1741/2004 (OJ L 311, 8.10.2004, p. 17).

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Official Journal of the European Union

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Article 5

Notwithstanding Article

1.
(EEC)
No 2131/93, the time limit for submission of tenders under
the first partial
invitation to tender shall be 09.00 (Brussels
time) on 26 October 2005.

of Regulation

7(1)

to tender

The time limit for submitting tenders under subsequent partial
time) each
invitations
Thursday thereafter, with the exception of 3 November and
29 December 2005 and 13 April and 25 May 2006, there
being no invitation to tender in the weeks concerned.

shall be 09.00 (Brussels

The last partial
(Brussels time) on 22 June 2006.

invitation to tender shall expire at 09.00

Tenders must be lodged with the French intervention

2.
agency:

Office national interprofessionnel des céréales
21, avenue Bosquet
F-75007 Paris
Fax (33) 1 44 18 20 08/80.

Article 6

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

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.

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

of invitation to tender, providing that the differences having
regard to those criteria 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
regards
the Annex to
specified in points B.2 and B.4 of
Commission Regulation (EC) No 824/2000 (1), and
half a percentage point as
the impurities
referred to in point B.5 of Annex I to Regulation (EC)
No 824/2000, the admissible percentages for noxious
grains and ergot remaining unchanged, however.

regards

If

the final result of

2.
the analyses carried out on the
samples indicates a quality higher than the minimum character-
istics laid down for intervention but below the quality described
in the notice of invitation to tender and the difference exceeds
the limits set out in paragraph 1(b), the successful tenderer may:

(a) accept the lot as established, or

(b) refuse to take over the lot concerned.

(b) above,

the successful

In the case of
tenderer shall be
in question
discharged of all obligations relating to the lot
and the securities shall be released provided the Commission
and the intervention agency are immediately notified using the
form in Annex I.

3. Where the final result of sample analyses indicates a
quality 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 obli-
gations relating to the lot in question and the securities shall be
released provided the Commission and the intervention agency
are immediately notified using the form in Annex I.

Article 7

Article 8

The successful tenderer must accept the lot as established

1.
if the final result of the sample analyses indicates a quality:

(a) higher than that specified in the notice of

invitation to

tender;

Should the cases mentioned in Article 7(2)(b) and 7(3) arise, the
successful tenderer may ask the intervention agency to supply
an alternative lot of common wheat of the requisite quality, at
no extra cost. In that case, the security shall not be released. The
lot must be replaced within three days of
the
successful tenderer’s request. The successful tenderer shall imme-
diately inform the Commission thereof using the form in
Annex I.

the date of

(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. Regulation as last amended by Regu-

lation (EC) No 1068/2005 (OJ L 174, 7.7.2005, p. 65).

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If, following 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 replacement, the
successful tenderer shall be discharged of all obligations and the
securities shall be released, provided the Commission and the
intervention agency have been immediately informed using the
form in Annex I.

Article 9

1.
If the common wheat is removed before the results of the
analyses provided for in Article 6 are known, all risks shall be
is
borne by the successful
removed, without prejudice to any means of
the
tenderer might have against the storer.

tenderer from the time the lot

redress

taking the samples and conducting the
2.
The costs of
in Article 6, with the exception of
analyses provided for
shall be borne by the
those referred to in Article 7(3),
European Agricultural Guidance and Guarantee Fund (EAGGF)
for up to one analysis per 500 tonnes, with the exception of the
cost of inter-bin transfers. The costs of inter-bin transfers and
any additional analyses requested by a successful tenderer shall
be borne by that tenderer.

Article 10

lation (EEC) No 3002/92, the export declaration and, where
applicable, the T5 copy shall carry one of the entries set out
in Annex II.

Article 11

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.

2.
Notwithstanding Article 17(1) of Regulation (EEC)
No 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.

Article 12

the expiry of
for the
Within two hours of
submission of
the French intervention agency shall
tenders,
electronically notify the Commission of tenders received. This
notification shall be made by e-mail, using the form in Annex
III.

the time limit

Notwithstanding Article 12 of Commission Regulation (EEC)
No 3002/92, 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-

Article 13

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, 17 October 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Official Journal of the European Union

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ANNEX I

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

(Regulation (EC) No 1695/2005)

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

Lot number

Quantity in tonnes

Address of the silo

Reason for refusal to take over

— specific weight (kg/hl)
— % of sprouted grains
— % of miscellaneous impurities (Schwarzbesatz)
— % of matter other than basic cereals of unim-

paired quality

— other

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ANNEX II

Entries referred to in Article 10

— in Spanish:

Trigo blando de
no 1695/2005

intervención sin aplicación de

restitución ni gravamen, Reglamento (CE)

— in Czech:

Intervenční pšenice obecná nepodléhá vývozní náhradě ani clu, nařízení (ES) č. 1695/2005

— in Danish:

Blød hvede fra intervention uden restitutionsydelse eller -afgift, forordning (EF) nr. 1695/2005

— in German: Weichweizen aus Interventionsbeständen ohne Anwendung von Ausfuhrerstattungen oder Ausfuhr-

abgaben, Verordnung (EG) Nr. 1695/2005

— in Estonian:

Pehme nisu sekkumisvarudest, mille puhul ei rakendata toetust või maksu, määrus (EÜ) nr 1695/2005

— in Greek:

Μαλακός σίτος παρέμβασης χωρίς εφαρμογή επιστροφής ή φόρου, κανονισμός (ΕΚ) αριθ. 1695/2005

— in English:

— in French:

— in Italian:

Intervention common wheat without application of refund or tax, Regulation (EC) No 1695/2005

blé tendre d'intervention ne donnant pas lieu à restitution ni taxe, règlement (CE) no 1695/2005

Frumento tenero d'intervento senza applicazione di
n. 1695/2005

restituzione né di

tassa,

regolamento (CE)

— in Latvian:

Intervences parastie kvieši bez kompensācijas vai nodokļa piemērošanas, Regula (EK) Nr. 1695/2005

— in Lithuanian:

Intervenciniai paprastieji
Nr. 1695/2005

kviečiai,

kompensacija

ar mokesčiai netaikytini, Reglamentas

(EB)

— in Hungarian:

Intervenciós búza, visszatérítés, illetve adó nem alkalmazandó, 1695/2005/EK rendelet

— in Dutch:

Zachte tarwe uit
nr. 1695/2005

interventie, zonder

toepassing van restitutie of belasting, Verordening (EG)

— in Polish:

Pszenica zwyczajna interwencyjna niedająca prawa do refundacji ani do opłaty, rozporządzenie (WE)
nr 1695/2005

— in Portuguese: Trigo mole de intervenção sem aplicação de uma restituição ou imposição, Regulamento (CE)

n.o 1695/2005

— in Slovak:

Intervenčná pšenica obyčajná nepodlieha vývozným náhradám ani clu, nariadenie (ES) č. 1695/2005

— in Slovene:

Intervencija navadne pšenice brez zahtevkov za nadomestila ali carine, Uredba (ES) št. 1695/2005

— in Finnish:

— in Swedish:

Interventiovehnä, johon ei sovelleta vientitukea eikä vientimaksua, asetus (EY) N:o 1695/2005

Interventionsvete, utan tillämpning av bidrag eller avgift, förordning (EG) nr 1695/2005.

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Standing invitation to tender for the export of common wheat held by the French intervention agency

ANNEX III

Form (*)

(Regulation (EC) No 1695/2005)

1

2

3

4

5

6

7

Serial numbers of
tenderers

Lot number

Quantity
in tonnes

Tender price
(EUR/tonne) (1)

Increases (+)
Reductions (–)
(EUR/tonne)
(p.m.)

Commercial costs (2)
(EUR/tonne)

Destination

1

2

3

etc.

(1) This price includes the increases and reductions relating to the lot covered by the tender.
(2) The commercial costs corresponding to insurance and services provision borne after the exit of the intervention stock up to the FOB
stage at the port of export, with the exception of transport costs. The notified costs shall be established on the basis of the average real
costs recorded by the intervention agency in the six months preceding the opening of the tendering period and shall be expressed in
euro per tonne.

(*) To be sent to DG AGRI (Unit D/2).