Commission Regulation (EC) No 1200/2006 of  8 August 2006  opening a standing invitation to tender for the export of barley held by the Czech intervention agency in Belgium
Date: 2006-08-08
Institutions: European Commission
Subjects: Belgium, Czechia, award of contract, barley, export, intervention agency

9.8.2006

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1200/2006

of 8 August 2006

opening a standing invitation to tender for the export of barley held by the Czech intervention
agency in Belgium

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

particular
2131/93.

those laid down in Regulation (EEC) No

Having regard to the Treaty
Community,

establishing the European

(5)

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

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,

Whereas:

(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

(7)

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

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

HAS ADOPTED THIS REGULATION:

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

Commission Regulation (EC) No 256/2006 (4) opened a
standing invitation to tender for the export of 53 665
tonnes of barley held by the Czech intervention agency
in Belgium, under the Commission Decision authorising
the Czech Republic to store outside its territory 300 000
tonnes of cereals from the 2004/05 marketing year (5).
The last partial invitation to tender under that Regulation
expired on 22 June 2006, although some quantities still
remained available. In these circumstances and given the
current market situation, a new standing invitation to
tender should be opened for the quantities not awarded.

Special procedures must be laid down to ensure that the
operations and their monitoring are properly effected. To
that end, provision should be made for a security
lodgement scheme which ensures that aims are met
while avoiding excessive costs for the operators. Dero-
gations should accordingly be made to certain rules, in

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

(EC) No 1154/2005 (OJ

amended by
L 187,

Commission Regulation
19.7.2005, p. 11).

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

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

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

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

(4) OJ L 46, 16.2.2006, p. 3.
(5) Notified to the Czech Republic on 17 June 2005, as amended by
Decision 4013/2005 notified to the Czech Republic on 11 October
2005.

Article 1

The Czech intervention agency shall issue a standing invitation
to tender for the export of barley held by it in the places listed
in Annex I to this Regulation, in accordance with Regulation
(EEC) No 2131/93, save as otherwise provided in this Regu-
lation.

Article 2

The invitation to tender shall cover a maximum of 53 665
to third countries with the
tonnes of barley for export
exception of Albania, Bosnia
and Herzegovina, Bulgaria,
Canada, Croatia, the Former Yugoslav Republic of Macedonia,
Liechtenstein, Mexico, Montenegro, Romania, Serbia (6), Swit-
zerland and the United States of America.

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, with no monthly
increase.

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

1244 of 10 June 1999.

(1)

(2)

(3)

(4)

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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
need not be accompanied by export
submitted under Article 49 of Commission Regulation (EC)
No 1291/2000 (1).

Article 5

1.
Notwithstanding Article 7(1) of Regulation (EEC) No
2131/93, the time-limit for submission of tenders under the
invitation to tender shall be 9.00 (Brussels time)
first partial
on 10 August 2006.

The time-limit for submitting tenders under subsequent partial
invitations to tender shall be 9.00 (Brussels time) each Thursday
thereafter, with the exception of 17 August 2006, 24 August
2006, 2 November 2006, 28 December 2006, 5 April 2007
and 17 May 2007, i.e. weeks in which no invitation to tender
shall be made.

The last partial invitation to tender shall expire at 9.00 (Brussels
time) on 28 June 2007.

Tenders must be lodged with the Czech intervention

2.
agency:

Statní zemědělský intervenční fond
Odbor Rostlinných Komodit
Ve Smečkách 33
CZ-110 00, Praha 1
Telephone: (420) 222 871 667 – 222 871 403
Fax: (420) 296 806 404
E-mail: dagmar.hejrovska@szif.cz

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.

Article 7

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;

(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 having
regard to those criteria do not exceed the following limits:

— 1 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 regards the impurities referred
to in points B.2 and B.4 of Annex I to Commission
Regulation (EC) No 824/2000 (2),

— half a percentage point as regards the impurities referred
to Regulation (EC) No
for noxious
admissible

to in point B.5 of Annex I
824/2000,
grains and ergot remaining unchanged, however.

the percentages

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

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

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

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

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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 security shall be
released provided the Commission and the intervention agency
are immediately notified using the form 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.

Article 8

Should the cases mentioned in point (b) of the first subpar-
agraph of Article 7(2) and in Article 7(3) arise, the successful
tenderer may ask the intervention agency to supply an alter-
native lot of barley 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
immediately
inform the Commission thereof using the form in Annex II.

tenderer shall

the date of

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 first request for a replacement, the
successful tenderer shall be discharged of all obligations and the
security shall be released, provided the Commission and the
intervention agency have been immediately informed using
the form in Annex II.

Article 9

If the barley is removed before the results of the analyses
1.
provided for in Article 6 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 the tenderer might
have against the storer.

taking the samples and conducting the
The costs of
2.
in Article 6, with the exception of
analyses provided for
those referred to in Article 7(3),
shall be borne by the
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

Notwithstanding Article 12 of Commission Regulation (EEC) No
3002/92, 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 one of the entries set out in Annex III.

Notwithstanding Article 17(1) 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.

Article 12

the deadline for

submitted within two hours of
the submission of

The Czech intervention agency shall communicate to the
the
Commission tenders
expiry of
tenders laid
down in Article 5(1). If no tenders are submitted, the Czech
Republic shall communicate this to the Commission within the
same time-limits.
the Czech Republic does not send a
communication to the Commission within the given deadline,
the Commission shall consider
that no tender has been
submitted in the Member State concerned.

If

The communications referred to in the first subparagraph shall
be sent electronically, in accordance with the model in Annex
IV. The tenderers shall not be identified.

Article 13

1.
In accordance with the procedure referred to in Article
25(2) of Regulation (EC) No 1784/2003 the Commission
fix the minimum selling price, or decide to take no
shall
in accordance with
action in respect of the tenders received,
Article 10 of Regulation (EEC) No 2131/93.

If the fixing of a minimum price,

2.
in accordance with
paragraph 1, would lead to an overrun on the maximum
quantity available to a Member State, an award coefficient
may be fixed at the same time for the quantities offered at
the minimum price in order to comply with the maximum
quantity available to that Member State.

Article 14

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

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

Done at Brussels, 8 August 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Ghent

ANNEX I

Place of storage

ANNEX II

Quantity
(tonnes)

53 665

Communication to the Commission of refusal or possible replacement of lots under the standing invitation to
tender for the export of barley held by the Czech intervention agency in Belgium

Model (*)

(Regulation (EC) No 1200/2006)

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

Lot number

Quantity (tonnes)

Silo address

Reason for refusal to take over

— SW (kg/hl),
— percentage of sprouted grains,
— percentage of miscellaneous impurities (Schwarz-

besatz),

— percentage of matter other than basic cereals of

unimpaired quality,

— Other.

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

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ANNEX III

Entries referred to in Article 10

— in Spanish:

Cebada de intervención sin aplicación de restitución ni gravamen, Reglamento (CE) no 1200/2006

— in Czech:

Intervenční ječmen nepodléhá vývozní náhradě ani clu, nařízení (ES) č. 1200/2006

— in Danish:

— in German:

Byg fra intervention uden restitutionsydelse eller -afgift, forordning (EF) nr. 1200/2006

Interventionsgerste ohne Anwendung von Ausfuhrerstattungen oder Ausfuhrabgaben, Verordnung
(EG) Nr. 1200/2006

— in Estonian:

Sekkumisoder, mille puhul ei rakendata toetust või maksu, määrus (EÜ) nr 1200/2006

— in Greek:

Κριθή παρέμβασης χωρίς εφαρμογή επιστροφής ή φόρου, κανονισμός (ΕΚ) αριθ. 1200/2006

— in English:

Intervention barley without application of refund or tax, Regulation (EC) No 1200/2006

— in French:

Orge d’intervention ne donnant pas lieu à restitution ni taxe, règlement (CE) no 1200/2006

— in Italian:

Orzo d’intervento senza applicazione di restituzione né di tassa, regolamento (CE) n. 1200/2006

— in Latvian:

Intervences mieži bez kompensācijas vai nodokļa piemērošanas, Regula (EK) Nr. 1200/2006

— in Lithuanian:

Intervenciniai miežiai, kompensacija ar mokesčiai netaikytini, Reglamentas (EB) Nr. 1200/2006

— in Hungarian:

Intervenciós árpa, visszatérítés, illetve adó nem alkalmazandó, 1200/2006/EK rendelet

— in Dutch:

— in Polish:

Gerst uit interventie, zonder toepassing van restitutie of belasting, Verordening (EG) nr. 1200/2006

Jęczmień interwencyjny niedający prawa do refundacji ani do opłaty,
nr 1200/2006

rozporządzenie (WE)

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

n.o 1200/2006

— in Slovak:

Intervenčný jačmeň nepodlieha vývozným náhradám ani clu, nariadenie (ES) č. 1200/2006

— in Slovenian:

Intervencija ječmena brez zahtevkov za nadomestila ali carine, Uredba (ES) št. 1200/2006

— in Finnish:

— in Swedish:

Interventio-ohra, johon ei sovelleta vientitukea eikä vientimaksua, asetus (EY) N:o 1200/2006

Interventionskorn, utan tillämpning av bidrag eller avgift, förordning (EG) nr 1200/2006.

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ANNEX IV

Communication to the Commission of tenders received under the standing invitation to tender for the export of
barley held by the Czech intervention agency in Belgium

Model (*)

[Regulation (EC) No 1200/2006]

1

2

3

4

5

6

Serial numbers of
tenderers

Lot number

Eligible quantity
(tonnes)

Tender price
(EUR/tonne) (1)

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

Commercial costs (2)
(EUR/tonne)

1

2

3

etc.

Indicate the total quantities offered (including rejected offers made for the same lot): [...] tonnes.

(1) This price includes increases and reductions affecting 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).