CELEX: 31999R0002
Language: en
Date: 1999-01-05 00:00:00
Title: Commission Regulation (EC) No 2/1999 of 5 January 1999 opening a standing invitation to tender for the export of rye held by the Danish intervention agency

6. 1. 1999           EN                 Official Journal of the European Communities                                      L 2/3
                                     COMMISSION REGULATION (EC) No 2/1999
                                                     of 5 January 1999
                 opening a standing invitation to tender for the export of rye held by the Danish
                                                    intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                                   Article 2
Having regard to the Treaty establishing the European              1. The invitation to tender shall cover a maximum of
Community,                                                         50 000 tonnes of rye for export to third countries.
Having regard to Council Regulation (EEC) No 1766/92               2. The regions in which the 50 000 tonnes of rye are
of 30 June 1992 on the common organisation of the                  stored are set out in Annex I.
market in cereals (1), as last amended by Commission
Regulation (EC) No 2547/98 (2), and in particular Article                                     Article 3
5 thereof,
                                                                   1. Notwithstanding the third paragraph of Article 16 of
Whereas Commission Regulation (EEC) No 2131/93 (3),                Regulation (EEC) No 2131/93, the price to be paid for the
as last amended by Regulation (EC) No 2193/96 (4), lays            export shall be that quoted in the tender.
down the procedure and conditions for the disposal of
cereals held by intervention agencies;                             2. No export refund or tax or monthly increase shall be
                                                                   granted on exports carried out pursuant to this Regula-
Whereas, given the current market situation, a standing            tion.
invitation to tender should be opened for the export of
                                                                   3. Article 8(2) of Regulation (EEC) No 2131/93 shall
50 000 tonnes of rye held by the Danish intervention
                                                                   not apply.
agency;
Whereas special procedures must be laid down to ensure                                        Article 4
that the operations and their monitoring are properly
effected; whereas, to that end, provision should be made           1. The export licences shall be valid from their date of
for a security lodgement scheme which ensures that aims            issue within the meaning of Article 9 of Regulation (EEC)
are met while avoiding excessive costs for the operators;          No 2131/93 until the end of the fourth month thereafter.
whereas derogations should accordingly be made to
certain rules, in particular those laid down in Regulation         2. Tenders submitted in response to this invitation to
(EEC) No 2131/93;                                                  tender may not be accompanied by export licence
                                                                   applications submitted pursuant to Article 44 of Commis-
Whereas, where removal of the rye is delayed by more               sion Regulation (EEC) No 3719/88 (5).
than five days or the release of one of the securities
required is delayed for reasons imputable to the interven-                                    Article 5
tion agency the Member State concerned must pay
compensation;                                                      1. Notwithstanding Article 7(1) of Regulation (EEC) No
                                                                   2131/93, the time limit for submission of tenders in
Whereas the measures provided for in this Regulation are           respect of the first partial invitation to tender shall be 9
in accordance with the opinion of the Management                   a.m. (Brussels time) on 7 January 1999.
Committee for Cereals,
                                                                   2. The time limit for submission of tenders in respect
                                                                   of subsequent partial invitations to tender shall be 9 a.m.
                                                                   (Brussels time) each Thursday thereafter.
HAS ADOPTED THIS REGULATION:                                       3. The last partial invitation to tender shall be 9 a.m.
                                                                   (Brussels time) on 27 May 1999.
                           Article 1                               4. Tenders shall be lodged with the Danish interven-
                                                                   tion agency.
Subject to the provisions of this Regulation the Danish
intervention agency issues a standing invitation to tender
                                                                                              Article 6
for the export of rye held by it in accordance with Regula-
tion (EEC) No 2131/93.                                             1. The intervention agency, the storer and the
                                                                   successful tenderer shall, at the request of the latter and
(1) OJ L 181, 1. 7. 1992, p. 21.                                   by common agreement, either before or at the time of
(2) OJ L 318, 27. 11. 1998, p. 41.
(3) OJ L 191, 31. 7. 1993, p. 76.
(4) OJ L 293, 16. 11. 1996, p. 1.                                  (5) OJ L 331, 2. 12. 1988, p. 1.
 ---pagebreak--- L 2/4                 EN                 Official Journal of the European Communities                                  6. 1. 1999
removal from storage as the successful tenderer chooses,                     security shall not be released. The lot must be
take reference samples for counter-analysis at the rate of                   replaced within three days of the date of the
at least one sample for every 500 tonnes and shall analyse                   successful tenderer’s request. The successful
the samples. The intervention agency may be represented                      tenderer shall notify the Commission immediately
by a proxy, provided this is not the storer.                                 thereof in accordance with Annex II;
                                                                    (d) below the minimum characteristics laid down for
The analysis results shall be forwarded to the Commission                intervention, the successful tenderer may not remove
in the event of a dispute.                                               the lot in question. He shall be discharged of all his
                                                                         obligations relating to the lot in question and the
                                                                         securities shall be released only once he has informed
Reference samples for counter-analysis shall be taken and
                                                                         the Commission and the intervention agency forth-
analysed within seven working days of the date of the
                                                                         with in accordance with Annex II; however, he may
successful tenderer’s request or within three working days
                                                                         request the intervention agency to supply him with
if the samples are taken on removal from storage. Where
                                                                         another lot of intervention rye of the quality laid
the final result of sample analyses indicates a quality:
                                                                         down at no additional charge. In that case, the security
                                                                         shall not be released. The lot must be replaced within
(a) higher than that specified in the notice of invitation               three days of the date of the successful tenderer’s
     to tender, the successful tenderer must accept the lot              request. The successful tenderer shall immediately
     as established;                                                     inform the Commission thereof in accordance with
                                                                         Annex II.
(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             2. However, if the rye is removed before the results of
     differences having regard to those criteria do not             the analyses are known, all risks shall be borne by the
     exceed the following limits:                                   successful tenderer from the time the lot is removed,
                                                                    without prejudice to any means of redress of which he
                                                                    may avail himself against the storer.
     — one kilogram per hectolitre as regards specific
         weight, which must not, however, be less than 68
         kg/hl,
                                                                    3. If, as a result of successive replacements, the
     — one percentage point as regards moisture content,            successful tenderer has not received a replacement lot of
                                                                    the quality laid down within one month of the date of his
     — half a percentage point as regards impurities as             request for a replacement, he shall be discharged of all his
         specified in points B.2 and B.4 of the Annex to            obligations and the securities shall be released once he
         Commission Regulation (EEC) No 689/92 (1), and             has informed the Commission and the intervention
     — half a percentage point as regards impurities as             agency forthwith in accordance with Annex II.
         specified in point B.5 of the Annex to Regulation
         (EEC) No 689/92, the percentages admissible for
         noxious grains and ergot, however, remaining               4. Except where the final results of analyses indicate a
         unchanged,                                                 quality below the minimum characteristics laid down for
                                                                    intervention, the costs of taking the samples and
     the successful tenderer must accept the lot as estab-          conducting the analyses provided for in paragraph 1 but
     lished;                                                        not of inter-bin transfers shall be borne by the European
                                                                    Agricultural Guidance and Guarantee Fund (EAGGF) in
(c) higher than the minimum characteristics laid down               respect of up to one analysis per 500 tonnes. The costs of
     for intervention but below the quality described in the        inter-bin transfers and any additional analyses requested
     notice of invitation to tender, and a difference               by the successful tenderer shall be borne by him.
     exceeding the limits set out in point (b), the successful
     tenderer may:
     — accept the lot as established, or
                                                                                               Article 7
     — refuse to take over the lot in question. The
         successful tenderer shall be discharged of all his
         obligations relating to the lot in question and the        By derogation from Article 12 of Commission Regulation
         securities shall be released only once he has              (EEC) No 3002/92 (2), the documents relating to the sale
         informed the Commission and the intervention               of rye in accordance with this Regulation, and in par-
         agency forthwith in accordance with Annex II;              ticular the export licence, the removal order referred to in
         however, if he requests the intervention agency to         Article 3(1)(b) of Regulation (EEC) No 3002/92, the
         supply him with another lot of intervention rye of         export declaration and, where necessary, the T5 copy shall
         the quality laid down at no additional charge, the         carry the entry:
(1) OJ L 74, 20. 3. 1992, p. 18.                                    (2) OJ L 301, 17. 10. 1992, p. 17.
 ---pagebreak--- 6. 1. 1999            EN               Official Journal of the European Communities                                      L 2/5
— Centeno de intervención sin aplicación de restitución           the balance shall be lodged before the cereals are
    ni gravamen, Reglamento (CE) no 2/1999                        removed.
— Rug fra intervention uden restitutionsydelse eller
                                                                  Notwithstanding Article 15(2) of Regulation (EEC) No
    -afgift, forordning (EF) nr. 2/1999
                                                                  3002/92:
— Interventionsroggen ohne Anwendung von Ausfuhrer-
    stattungen oder Ausfuhrabgaben, Verordnung (EG)               — the part of the security lodged when the licence is
    Nr. 2/1999                                                        issued must be released within 20 working days of the
— Σκαλη παρµβασηr χωρr εφαρµογ επιστροφr                        date on which the successful tenderer provides proof
    φρου, κανονισµr (ΕΚ) αριθ. 2/1999                               that the cereals removed have left the customs terri-
                                                                      tory of the Community,
— Intervention rye without application of refund or tax,
    Regulation (EC) No 2/1999                                     — the remainder must be released within 15 working
                                                                      days of the date on which the successful tenderer
— Seigle d’intervention ne donnant pas lieu à restitution
                                                                      provides the proof referred to in Article 17(3) of Regu-
    ni taxe, règlement (CE) no 2/1999
                                                                      lation (EEC) No 2131/93.
— Segala d’intervento senza applicazione di restituzione
    né di tassa, regolamento (CE) n. 2/1999                       3. Except in duly substantiated exceptional cases, in
— Rogge uit interventie, zonder toepassing van restitutie         particular the opening of an administrative enquiry, any
    of belasting, Verordening (EG) nr. 2/1999                     release of the securities provided for in this Article after
— Centeio de intervenção sem aplicação de                         the time limits specified in this same Article shall confer
    uma restituição ou imposição, Regulamento (CE) nº             an entitlement to compensation from the Member State
    2/1999                                                        amounting to EUR 0,015 per 10 tonnes for each day’s
— Interventioruista, johon ei sovelleta vientitukea eikä          delay.
    vientimaksua, asetus (EY) N:o 2/1999                          This compensation shall not be charged to the EAGGF.
— Interventionsråg, utan tillämpning av bidrag eller
    avgift, förordning (EG) nr 2/1999.                                                      Article 9
                          Article 8                               Within two hours of the expiry of the time limit for the
1. The security lodgement pursuant to Article 13(4) of            submission of tenders, the Danish intervention agency
Regulation (EEC) No 2131/93 must be released once the             shall notify the Commission of tenders received. Such
export licences have been issued to the successful                notification shall be made using the model set out in
tenderers.                                                        Annex III and the telex or fax numbers set out in Annex
                                                                  IV.
2. Notwithstanding Article 17 of Regulation (EEC) No
2131/93, the obligation to export shall be covered by a                                    Article 10
security equal to the difference between the intervention
price applying on the day of the award and the price              This Regulation shall enter into force on the day of its
awarded but not less than EUR 10 per tonne. Half of the           publication in the Official Journal of the European
security shall be lodged when the licence is issued and           Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 5 January 1999.
                                                                             For the Commission
                                                                               Franz FISCHLER
                                                                         Member of the Commission
 ---pagebreak--- L 2/6    EN                  Official Journal of the European Communities                                6. 1. 1999
                                                      ANNEX I
                                                                                     (tonnes)
                                      Place of storage                   Quantity
                      Jylland                                             36 500
                      Sjælland                                            13 500
                                                     ANNEX II
      Communication of refusal of lots under the standing invitation to tender for the export of
                              rye held by the Danish intervention agency
                                 (Article 6(1) of Regulation (EC) No 2/1999)
       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 basic cereal of unim-
                                                          paired quality
                                                         Other
 ---pagebreak--- 6. 1. 1999      EN                     Official Journal of the European Communities                                        L 2/7
                                                             ANNEX III
           Standing invitation to tender for the export of rye held by the Danish intervention agency
                                                     (Regulation (EC) No 2/1999)
                   1                2                3                4               5             6               7
                                                                              Price increases
                                                                                    (+)
                                                                Offer price                    Commercial
                              Consignment       Quantity                       or reductions
               Tender No                                       (EUR/tonne)                        costs        Destination
                                   No            (tonnes)                           (–)
                                                                     ( 1)                      (EUR/tonne)
                                                                               (EUR/tonne)
                                                                                    p.m.
                   1
                   2
                   3
                  etc.
           (1) This price includes the increases or reductions relating to the lot to which the tender refers.
                                                             ANNEX IV
           The only numbers to use to call Brussels are (DG VI-C-1):
           — fax:                   296 49 56,
                                    295 25 15,
           — telex:                 22037 AGREC B,
                                    22070 AGREC B (Greek characters).