CELEX: 31999R0533
Language: en
Date: 1999-03-11 00:00:00
Title: Commission Regulation (EC) No 533/1999 of 11 March 1999 on the issuing of a standing invitation to tender for the sale of common wheat of breadmaking quality held by the German intervention agency for export to certain ACP countries in the 1998/1999 marketing year

12. 3. 1999            EN                  Official Journal of the European Communities                                  L 63/21
                                      COMMISSION REGULATION (EC) No 533/1999
                                                        of 11 March 1999
                   on the issuing of a standing invitation to tender for the sale of common wheat of
                   breadmaking quality held by the German intervention agency for export to
                                   certain ACP countries in the 1998/1999 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           effected; whereas to that end provision should be made
                                                                      for a security lodgment scheme which ensures that the
                                                                      aims are met while avoiding excessive costs for the opera-
Having regard to the Treaty establishing the European                 tors; whereas derogations should accordingly be made to
Community,                                                            certain rules, in particular those laid down in Regulation
                                                                      (EEC) No 2131/93;
Having regard to Council Regulation (EEC) No 1766/92                  Whereas, in addition to the conditions laid down in
of 30 June 1992 on the common organisation of the                     Article 30 of Commission Regulation (EEC) No 3719/
market in cereals (1), as last amended by Commission                  88 (5), as last amended by Regulation (EC) No 168/
Regulation (EC) No 923/96 (2), and in particular Article 5            1999 (6), provision should be made for the release for
thereof,                                                              consumption in the ACP State(s) laid down in the Regula-
                                                                      tion;
Whereas Commission Regulation (EEC) No 2131/93 (3),                   Whereas, where removal of the wheat is delayed by more
as last amended by Regulation (EC) No 39/1999 (4), lays               than five days, or the release of one of the securities
down the procedure and conditions for the disposal of                 required is delayed, for reasons imputable to the interven-
cereals held by intervention agencies;                                tion agency the Member State concerned will have to pay
                                                                      compensation;
Whereas, with a view to supplying the markets of the
ACP countries, favoured partners of the Community,                    Whereas the measures provided for in this Regulation are
significant quantities of common wheat are required;                  in accordance with the opinion of the Management
whereas these markets are usually supplied on the basis of            Committee for Cereals,
regular contracts to ensure stable prices for the ACP
countries over a certain period; whereas it is therefore
necessary to issue a specific invitation to tender to ensure
that users in these countries have access to common
wheat of breadmaking quality under conditions appro-
                                                                      HAS ADOPTED THIS REGULATION:
priate to the highly competitive situation on the world
market;
                                                                                                 Article 1
Whereas the German intervention agency holds stocks of
common wheat of breadmaking quality; whereas part of
the wheat coming from the intervention stocks held by                 1.     A standing invitation to tender is hereby issued for
the aforementioned agency should therefore be resold to               the export of 200 000 tonnes of common wheat of bread-
the ACP countries to meet their quantitative and qualita-             making quality, held by the German intervention agency.
tive needs; whereas the common wheat successfully
tendered for must be exported to the countries of destina-
tion by 31 August 1999 at the latest;                                 2.     The common wheat must be exported to an ACP
                                                                      State or to several States within one of the groups of ACP
                                                                      States listed in Annex I.
Whereas the specific nature of the operation and the
accounting position of the common wheat in question                   3.     The regions in which the 200 000 tonnes of German
require greater flexibility in the mechanisms and obliga-             common wheat of breadmaking quality are stored are
tions governing the resale of intervention stocks and also            listed in Annex II.
require exclusion of any refund, tax or monthly increase;
whereas special procedures must be laid down to ensure
that the operations and their monitoring are properly                 4.     The intervention agency concerned shall prepare a
                                                                      notice of invitation to tender indicating for each lot or,
                                                                      where appropriate, each part lot:
(1)  OJ L 181,  1. 7. 1992, p. 21.
(2)  OJ L 126,  24. 5. 1996, p. 37.
(3)  OJ L 191,  31. 7. 1993, p. 76.                                   (5) OJ L 331, 2. 12. 1988, p. 1.
( 4) OJ L 5, 9. 1. 1999, p. 64.                                       (6) OJ L 19, 26. 1. 1999, p. 4.
 ---pagebreak--- L 63/22              EN                Official Journal of the European Communities                               12. 3. 1999
— the location,                                                   The proof provided for in the first indent shall also indi-
                                                                  cate the quality provided for in the contract, the time
— and at least the following features:                            limit for delivery and the price terms.
    — specific weight,
                                                                  The Member State shall send the Commission a copy of
    — moisture content,                                           the said proof forthwith, for information.
    — Hagberg falling number,
                                                                  2.    Tenders may not exceed the quantity laid down in
    — impurity contents and sprouted grains,
                                                                  the commercial contract submitted.
    — protein content.
5.    It shall publish the notice of invitation to tender at                               Article 5
least two days before the date set for the first partial
invitation to tender.                                             1.    No export refund or export tax or monthly increase
                                                                  shall be applied for exports carried out pursuant to this
                                                                  Regulation.
                          Article 2
                                                                  2.    The validity of the export licences issued in accord-
Subject to the provisions of this Regulation, the sales of        ance with this Regulation shall expire on 31 July 1999.
common wheat of breadmaking quality referred to in
Article 1 shall take place in accordance with the pro-            3.    The licence obliges the operator to export to the
cedure and conditions laid down by Regulation (EEC) No            ACP State or States for which the licence application was
2131/93.                                                          submitted. However, up to a limit of 30 % of the quantity
                                                                  for which the licence was issued, the operator may effect
                                                                  his contract at another destination on condition that it
                                                                  belongs to the same group of countries listed in Annex I.
                          Article 3
                                                                  4.    The export licences shall be issued as soon as the
1.    The time limit for submitting tenders for the first         successful tenderers have been selected.
partial invitation to tender shall be 9 a.m. (Brussels time)
on Thursday 18 March 1999.                                        5.    Article 9 of Regulation (EEC) No 3719/88 notwith-
                                                                  standing, the rights deriving from the licence referred to
2.    The time limit for submitting tenders for the second        in this Article shall not be transferable.
partial invitation to tender shall be 9 a.m. (Brussels time)
on the following Thursday.
                                                                                           Article 6
The time limit for the last partial invitation to tender
shall be 30 April 1999.                                           1.    The intervention agency, the storer and the
                                                                  successful tenderer, if he so wishes, shall, by common
3.    Tenders must be submitted to the German interven-           agreement, either before or at the moment of removal
tion agency.                                                      from storage, as the successful tenderer chooses, take
                                                                  reference samples 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,
                          Article 4                               provided this is not the storer.
1.    Tenders shall only be admissible if:                        The Commission must be informed of the findings of the
                                                                  analyses in the event of a dispute.
— the tenderer provides written proof from an official
    body in the ACP country of destination or a company
                                                                  Reference samples shall be taken and analysed within
    having its overseas subsidiary in the said country, that
                                                                  seven working days of the date of the successful tenderer’s
    he has concluded for the quantity in question a
                                                                  request or within three working days if the samples were
    commercial supply contract for common wheat for
                                                                  taken on removal from storage. If the final result of the
    export to an ACP State or to several States within one
                                                                  sample analyses indicates a quality:
    of the groups of ACP States listed in Annex I. That
    contract may cover only those deliveries to be made
    during the period April to August 1999 for quantities         (a) greater than that specified in the notice of invitation
    traditionally supplied; such proof shall be lodged with           to tender, the successful tenderer must accept the lot
    the competent authorities at least two working days               as established;
    before the date of the partial invitation to tender           (b) greater than the minimum characteristics required for
    against which the tender is to be submitted,                      intervention but below the quality described in the
— they are accompanied by an application for an export                notice of invitation to tender, with the difference
    licence for the destination in question.                          remaining within a limit of up to:
 ---pagebreak--- 12. 3. 1999           EN                Official Journal of the European Communities                                    L 63/23
     — 2 kg/hl for the specific weight, which must not,            removal of the lot, without prejudice to the forms of
         however, be less than 72 kg/hl,                           recourse the successful tenderer may have against the
                                                                   storer.
     — one percentage point for the mositure content,
     — 20 percentage points for the Hagberg falling                3.     If, after successive replacements, the successful
         index,                                                    tenderer has not received a replacement lot of the quality
                                                                   laid down within one month of the date of his request for
     — one percentage point for the protein content,               replacement, he shall be released from all his obligations,
     — half a percentage point for the impurities referred         including the securities once he has informed the
         to in B.2 and B.4 of the Annex to Commission              Commission and the intervention agency forthwith in
         Regulation (EEC) No 689/92 (1),                           accordance with Annex V.
         and
                                                                   4.     The costs of the taking of samples and the analyses
     — half a percentage point for the impurities referred         referred to in paragraph 1, except those where the final
         to in point B.5 of the Annex to Regulation (EEC)          result of the analyses produces a quality inferior to the
         No 689/92, the percentages admissible for noxious         minimum characteristics required for intervention, shall
         grains and ergot, however, remaining unchanged,           be borne by the EAGGF up to a maximum of one
                                                                   analysis per 500 tonnes with the exception of the trans-
     the successful tenderer must accept the lot as estab-         silage costs.
     lished;
                                                                   The cost of transsilage and of any additional analyses
(c) greater than the minimum characteristics required for
                                                                   requested by the successful tenderer shall be borne by
     intervention but below the quality described in the
                                                                   him.
     notice of invitation to tender with the difference
     surpassing the limit referred to in point (b), the
     successful tenderer may:
                                                                                              Article 7
     — either accept the lot as established,
                                                                   The successful tenderer shall pay for the common wheat
     — or refuse to take over the lot in question. The             before removing it at the price indicated in the tender.
         successful tenderer shall be released from all his        The final date for removal is 31 July 1999. The payment
         obligations relating to the lot in question,              due for each of the lots to be removed shall be indivisible.
         including the securities, only once he has
         informed the Commission and the intervention
         agency forthwith, in accordance with Annex V;                                        Article 8
         however, if he requests the intervention agency to
         supply him with another lot of intervention bread-        1.     The security lodged pursuant to Article 13(4) of
         making wheat of the quality laid down, and that           Regulation (EEC) No 2131/93 must be released once the
         without additional charges, the security shall not        export licences have been issued to the successful
         be released. The lot must be replaced within a            tenderers.
         maximum of three days from the date of the
         successful tenderer’s request. The successful             2.     The obligation to export and import into one of the
         tenderer shall immediately inform the Commis-             countries of destination listed in Annex I shall be covered
         sion thereof in accordance with Annex V;                  by a security amounting to EUR 50 per tonne of which
                                                                   EUR 15 per tonne shall be lodged upon issue of the
(d) below the minimum characteristics required for inter-
                                                                   export licence, with the balance of EUR 35 being lodged
     vention, the successful tenderer may not remove the
                                                                   before removal of the cereals.
     lot in question. He shall be released from all his
     obligations relating to the lot in question, including
                                                                   Article 15(2) of Commission Regulation (EEC) No 3002/
     the securities, only once he has informed the
                                                                   92 (2) notwithstanding:
     Commission and the intervention agency forthwith, in
     accordance with Annex V; however, he may request              — the amount of EUR 15 per tonne must be released
     the intervention agency to supply him with another                 within 20 working days of the date on which the
     lot of intervention breadmaking wheat of the quality               successful tenderer supplies proof that the wheat
     laid down, without additional charges. In this case, the           removed has left the customs territory of the
     security shall not be released. The lot must be                    Community,
     replaced within a maximum of three days from the
                                                                   — the amount of EUR 35 per tonne must be released
     date of the successful tenderer’s request. The
                                                                        within 15 working days of the date on which the
     successful tenderer shall immediately inform the
                                                                        successful tenderer supplies proof of entry for
     Commission thereof in accordance with Annex V.
                                                                        consumption into the ACP State or States referred to
                                                                        in Article 5(3). This proof shall be supplied in accord-
2.     However, if the breadmaking wheat is removed                     ance with Articles 18 and 47 of Commission Regula-
before the results of the analysis are known, all risks shall           tion (EEC) No 3665/87 (3).
be borne by the successful tenderer from the time of
                                                                   (2) OJ L 301, 17. 10. 1992, p. 17.
(1) OJ L 74, 20. 3. 1992, p. 18.                                   (3) OJ L 351, 14. 12. 1987, p. 1.
 ---pagebreak--- L 63/24              EN                  Official Journal of the European Communities                               12. 3. 1999
3.    Except in duly substantiated exceptional cases, in            — Blé tendre d’intervention panifiable ne donnant pas
particular the opening of an administrative enquiry, any                lieu à restitution ni à taxe, destiné à (nom de l’État
release of the securities provided for in this Article after            ACP ou des États ACP), règlement (CE) no 533/1999
the limits specified in this same Article shall confer an           — Frumento tenero d’intervento panificabile senza appli-
entitlement to compensation from the Member State                       cazione di restituzione o di tassa, destinato al (nome
amounting to EUR 0,015/10 tonnes for each day’s delay.                  del paese o dei paesi ACP), regolamento (CE) n. 533/
                                                                        1999
This compensation shall not be charged to the EAGGF.
                                                                    — Zachte tarwe van bakkwaliteit uit interventie, zonder
                                                                        toepassing van restitutie of belasting, bestemd voor
                          Article 9                                     (naam van de ACS-Staat of de ACS-Staten), Verord-
                                                                        ening (EG) nr. 533/1999
Article 12 of Regulation (EEC) No 3002/92 notwith-                  — Trigo mole panificável de intervenção sem aplicação
standing, the documents relating to the sale of common                  de uma restituição, ou imposição destinado a (nome
wheat in accordance with this Regulation and in partic-                 do Estado ou dos Estados ACP), Regulamento (CE) nº
ular the export licence, the removal order referred to in               533/1999
Article 3(1)(b) of Regulation (EEC) No 3002/92, the                 — Interventioleipävehnää, jolle ei makseta vientitukea
export declaration and, where appropriate, the T5 control               eikä vientimaksua ja jonka määräpaikka on (AKT-
copy must bear the words:                                               maan nimi tai AKT-maiden nimet), asetus (EY) N:o
— Trigo blando panificable de intervención sin aplica-                  533/1999
    ción de restitución ni gravamen, destinado a (nombre            — Interventionsvete av brödkvalitet, ej utan bidrag eller
    del Estado o de los Estados ACP), Reglamento (CE) no                avgift avsett för (AVS-statens eller AVS-staternas
    533/1999                                                            namn), förordning (EG) nr 533/1999.
— Bageegnet blød hvede fra intervention uden restitu-
    tionsydelse eller -afgift bestemt for (navnet på det eller                               Article 10
    de pågældende AVS-lande), forordning (EF) nr. 533/
                                                                    1.    The German intervention agency shall inform the
    1999
                                                                    Commission of the tenders received within three hours of
— Interventions-Brotweichweizen ohne Anwendung von                  the expiry of the time limit for submitting tenders. The
    Ausfuhrerstattungen oder Ausfuhrabgaben, Bestim-                information must be sent in the form laid down in Annex
    mung (Name des AKP-Staates oder der AKP-Staaten),               III to one of the telex or fax numbers listed in Annex IV.
    Verordnung (EG) Nr. 533/1999
                                                                    2.    It shall inform the Commission on a monthly basis
— Μαλακr αρτοποισιµοr στοr παρµβασηr, χωρr
                                                                    of the quantities of common wheat removed pursuant to
    εφαρµογ επιστροφr  φρου προοριζµενοr για
                                                                    this Regulation.
    (νοµα τηr χραr ΑΚΕ  των χωρν ΑΚΕ), κανονισµr
    (ΕΚ) αριθ. 533/1999
                                                                                             Article 11
— Intervention common wheat of breadmaking quality
    without application of refund or tax, bound for (name           This Regulation shall enter into force on the day of its
    of the ACP State or States), Regulation (EC) No 533/            publication in the Official Journal of the European
    1999                                                            Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 11 March 1999.
                                                                               For the Commission
                                                                                  Franz FISCHLER
                                                                           Member of the Commission
 ---pagebreak--- 12. 3. 1999        EN                   Official Journal of the European Communities                      L 63/25
                                                              ANNEX I
                               Groups of ACP States signatories to the Lomé Convention
                          Group I                               Group II                        Group III
            Mauritania                           Chad                            Seychelles
            Mali                                 Central African Republic        Comoros
            Niger                                Benin                           Madagascar
            Senegal                              Cameroon                        Mauritius
            Gambia                               Equatorial Guinea               Angola
            Guinea-Bissau                        São Tomé and Príncipe           Zambia
            Guinea                               Gabon                           Malawi
            Cape Verde                           Congo                           Mozambique
            Sierra Leone                         Democratic Republic of Congo    Namibia
            Liberia                              Rwanda                          Botswana
            Côte d’Ivoire                        Burundi                         Zimbabwe
            Ghana                                Burkina Faso                    Lesotho
            Togo                                                                 Swaziland
                                                                                 Djibouti
                                                                                 Ethiopia
                                                                                 Eritrea
                                                             ANNEX II
                                                                                         (tonnes)
                                              Region of storage               Quantities
                                  Schleswig-Holstein/Hamburg/
                                  Niedersachsen/Bremen/
                                  Nordrhein-Westfalen                         120 000
                                  Hessen/Rheinland-Pfalz/
                                  Baden-Württemberg/Saarland/Bayern            25 000
                                  Berlin/Brandenburg/
                                  Mecklenburg-Vorpommern                       17 000
                                  Sachsen/Sachsen-Anhalt/Thüringen             38 000
 ---pagebreak--- L 63/26                  EN                    Official Journal of the European Communities                               12. 3. 1999
                                                                      ANNEX III
                     Standing invitation to tender for the export of 200 000 tonnes of common wheat of bread-
                                        making quality held by the German intervention agency
                                                            (Regulation (EC) No 533/1999)
            1                    2                      3                     4                   5              6           7
                                                                                            Increases (+)
      Registration                                                      Offer price                         Commercial
                                Lot                Quantity                                Reductions (–)
       number of                                                       (EUR/tonne)                             costs    Destination
                              number               in tonnes                                (EUR/tonne)
      the tenderer                                                           ( 1)                           (EUR/tonne)
                                                                                                p.m.
            1
            2
            3
          etc.
(1) This price includes the increases and reductions relating to the lot for which the tender is submitted.
                                                                      ANNEX IV
                     The only telex and fax numbers in Brussels to be used are:
                     DG VI/C/1:
                     — telex:                       22037 AGREC B,
                                                    22070 AGREC B (Greek characters),
                     — fax:                         296 49 56,
                                                    295 25 15.
 ---pagebreak--- 12. 3. 1999     EN                 Official Journal of the European Communities                          L 63/27
                                                        ANNEX V
            Communication of refusal of lots under the standing invitation to tender for the export of
            200 000 tonnes of breadmaking common wheat held by the German intervention agency
                                      (Article 6 of Regulation (EC) No 533/1999)
             Name of successful tenderer:
             Date of award of contract:
             Date of refusal of lot by successful tenderer:
                   Lot          Quantity       Address
                                                                      Reason for refusal to take over
                   No          in tonnes        of silo
                                                           Specific weight (kg/hl)
                                                           % sprouted grains
                                                           % miscellaneous impurities (Schwarzbesatz)
                                                           % of matter which is not wheat of unimpaired
                                                              quality
                                                           Other