CELEX: 31995R2539
Language: en
Date: 1995-10-30 00:00:00
Title: COMMISSION REGULATION (EC) No 2539/95 of 30 October 1995 on the opening of a standing invitation to tender for 250 000 tonnes of barley held by the German intervention agency for processing in Spain

31 . 10. 95             EN                Official Journal of the European Communities                           No L 260/ 19
                                        COMMISSION REGULATION (EC) No 2539/95
                                                       of 30 October 1995
                  on the opening of a standing invitation to tender for 250 000 tonnes of barley
                           held by the German intervention agency for processing in Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European
Community,                                                                                   Article 1
Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organization of the                   1 . Notwithstanding Commission Regulation (EEC) No
market in cereals ('), as last amended by Regulation (EC)           2131 /93 of 28 July 1993 laying down the procedure and
No 1863/95 (2), and in particular Article 5 thereof,                conditions for the sale of cereals held by intervention
                                                                    agencies (*), the German intervention agency shall
Whereas the drought affecting Spain in recent months                organize a standing invitation to tender under the condi­
has resulted in a shortage of fodder, which may induce              tions laid down hereunder for 250 000 tonnes of barley it
stockfarmers to sell their livestock early, thereby adversely       holds with a view to processing in Spain .
affecting their incomes ;
                                                                    2.     The regions where the 250 000 tonnes of barley are
Whereas that shortage may be made good by making                    stored are set out in Annex I.
250 000 tonnes of barley available to Spanish stock­
farmers ; whereas, for its part, the Spanish intervention
agency does not have fodder grain available ; whereas such                                   Article 2
Community grain is available at the German intervention
agency ;
                                                                    1 . In the notice of invitation to tender provided for in
Whereas, given the current market situation, a standing             Article 5, the intervention agency shall specify for each
invitation to tender should be opened for 250 000 tonnes            lot the port or place of exit which may be accessed at the
of barley held by the German intervention agency for                lowest transport costs and which has adequate technical
compulsory dispatch to Spain ;                                      facilities for dispatching the cereals put up for tender.
Whereas the aim of the measures can only be achieved if             2. The lowest transport costs between the place of
the minimum price laid down under the invitation to                 storage and the place of loading at the port or place of
tender takes account of the forwarding costs between                exit referred to in paragraph 1 shall be reimbursed to the
Germany and Spain but does not disturb the Spanish                  successful tenderer by the intervention agency in respect
domestic market ; whereas, under these circumstances, the           of the quantities delivered.
most appropriate procedure is that followed for exports of
cereals to third countries ; whereas a special system,
combining certain rules on resale on the internal market                                     Article 3
and those on exports, should therefore be laid down ;
Whereas, as regards proof of processing in Spain,                   Tenders shall be deemed to relate to cereals delivered to,
Commission Regulation (EEC) No 3002/92 of 16 October                but not unloaded at, the ports or places of exit referred to
                                                                    in Article 2.
1992 laying down common detailed rules for verifying the
use and/or destination of products from intervention (3), as
last amended by Regulation (EEC) No 1938/93 (4), should
apply ;                                                                                      Article 4
Whereas, in view of the early harvest in Spain and if the
                                                                    When each closing date for the submission of tenders has
provisions of this Regulation are to produce an effect, the         expired, the Member State concerned shall forward to the
measures adopted must be applied as soon as possible ;              Commission a list of tenders, without names, showing in
                                                                    each case in particular the quantity, the price and the
Whereas the measures provided for in this Regulation are            price increases or reductions applying thereto. In
in accordance with the opinion of the Management                    accordance with the procedure laid down in Article 23 of
Committee for Cereals,                                              Regulation (EEC) No 1766/92, the Commission shall fix
                                                                    the minimum selling price or shall decide to take no
(') OJ  No  L 181 , 1 . 7. 1992, p. 21 .                            action in respect of tenders received.
(2) OJ  No L  179,  29. 7. 1995, p. 1 .
 3  OJ  No L  301 , 17. 10. 1992, p. 17.
(<) OJ  No L  176,  20. 7. 1993, p. 12.                             0 OJ No L 191 , 31 . 1. 1993, p. 76.
 ---pagebreak---   No L 260/20          EN                Official Journal of the European Communities                                 31 . 10 . 95
  The minimum selling price shall be set at a level which            2.    The time limit for the submission of tenders in
  does not disturb the Spanish market.                               response to subsequent partial invitations to tender shall
                                                                    expire at 9 a.m. (Brussels time) each Thursday.
                            Article 5                               3. The closing date for the last partial invitation to
                                                                    tender shall expire at 9 a.m. (Brussels time) on 21
 At least five days before the first closing date for the           December 1995 .
 submission of tenders, the German intervention agency
  shall publish a notice of invitation to tender setting out :      4.    Tenders must be submitted to the German interven­
                                                                    tion agency at the following address :
 — supplementary terms and conditions of sale in
      accordance with this Regulation,                              Bundesanstalt für Landwirtschaft und Ernährung (BLE),
                                                                    Adickesallee 40 ,
 — the main physical and technical characteristics of the           D-60322 Frankfurt am Main,
     various lots as ascertained at the time of buying-in by        (Telex : 4-11475, 4-16044).
      the intervention agency or during checks conducted
      thereafter,
                                                                                              Article 8
 — the places of storage and the names and addresses of
     the storers .                                                  Not later than two hours after the expiry of the time limit
                                                                    for the submission of tenders, the German intervention
 The notice and any amendments thereto shall be                    agency shall notify the Commission of tenders received.
 forwarded to the Commission before the first closing date         Such notifications shall be sent to the telex or telefax
 for the submission of tenders .                                   numbers set out in Annex III, using the model set out in
                                                                   Annex II .
 The German intervention agency shall take all measures
 necessary to enable interested parties to assess the quality                                 Article 9
 of the cereals put up for sale before submitting their
 tenders .
                                                                   The intervention agency shall immediately inform all
                                                                   tenderers of the outcome of their tenders. Within three
                            Article 6
                                                                   working days of such notification, it shall forward state­
                                                                   ments of award to the successful tenderers by registered
                                                                   letter or written telecommunication .
 1 . Tenders shall refer to the standard quality defined in
 Council Regulation (EEC) No 2731 /75 of 29 October
 1975 fixing standard qualities for common wheat, rye,                                       Article 10
 barley, maize and durum wheat (').
                                                                   Successful tenderers shall pay for the cereals before they
 Where the quality of the cereals does not comply with             are removed and at the latest within one month of the
 the standard quality, the price of the tender accepted shall      date of forwarding of the statements referred to in Article
 be adjusted by applying price increases or reductions             9 . They shall bear all risks and storage costs in respect of
 pursuant to Articles 4 and 5 of Regulation (EEC) No               cereals not removed within the term of payment.
 1766/92.
                                                                   Cereals covered by contracts awarded and not removed
2.     Tenders submitted may not be adjusted or with­              within the term of payment shall be deemed to all effects
drawn .                                                            to have been removed on expiry of that term. In such
                                                                   cases, the tender price shall be adjusted by reference to
Tenders shall only be valid if they are accompanied by :           the quality specifications laid down in the notice of invi­
                                                                   tation to tender.
— proof that the tenderer has lodged a security of ECU
     20 per tonne,                                                Where the successful tenderer has not paid for the cereals
                                                                  within the term laid down in the first paragraph, the
— proof that a contract of sale for delivery in Spain has          contract shall be cancelled by the intervention agency in
     been concluded, subject to award to the contract,             respect of the quantities not paid for.
— a written undertaking by the tenderer that the cereals
     covered by the award will be processed in Spain by                                      Article 11
     30 June 1996 at the latest.
                                                                   Securities as referred to in Article 6 (2) shall be released
                                                                  where they cover quantities in respect of which :
                            Article 7
                                                                  — the tender has not been accepted,
 1.    The time limit for the submission of tenders in
                                                                  — the selling price is paid within the term laid down
response to the first partial invitation to tender shall                and a security covering the difference between the ,
expire at 9 a.m. (Brussels time) on 9 November 1995.                    price accepted and the intervention price applying on
                                                                        the closing date for the submission of tenders, plus
(>) OJ No L 281 , 1 . 11 . 1975, p. 22.                                 ECU 30/tonne, has been lodged.
 ---pagebreak--- 31 . 10 . 95          EN              Official Journal of the European Communities                         No L 260/21
                           Article 12                            — Destinados a la transformación [Reglamento (CE) n°
                                                                    2539/951
1.     Securities as referred to in the second indent of         — Til forarbejdning (forordning (EF) nr. 2539/95)
Article 1 1 shall be released where they cover quantities in     — Zur Verarbeitung bestimmt (Verordnung (EG) Nr.
respect of which the tenderers provide proof that the               2539/95)
product :                                                        — Προορίζονται για μεταποίηση [Κανονισμός (ΕΚ)
— has been processed in Spain by 30 June 1996 at the                αριS. 2539/95]
     latest, except in cases of force majeure, or                — For processing (Regulation (EC) No 2539/95)
— is no longer fit for human or animal consumption .             — Destinées a la transformation [règlement (CE) n0
                                                                    2539/951
2.     Proof that the cereals covered by this Regulation         — Destinate alla trasformazione [regolamento (CE) n.
have been processed in Spain shall be furnished in                  2539/95]
accordance with Regulation (EEC) No 3002/92.                     — Bestemd om te worden verwerkt (Verordening (EG) nr.
                                                                    2539/95)
However, processing shall be deemed to have taken place          — Para transformação [Regulamento (CE) n? 2539/95]
once the barley has been delivered to a store in Spain .         — Tarkoitettu jalostukseen [Asetus (EY) N:o 2539/95]
                                                                 — För bearbetning (förordning (EG) nr 2539/95).
                           Article 13
                                                                                        Article 14
In addition to the endorsements provided for in Regula­          This Regulation shall enter into force on the day of its
tion (EEC) No 3002/92, box 104 of the T5 control copy            publication in the Official Journal of the European
must bear one or more of the following :                         Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 30 October 1995.
                                                                          For the Commission
                                                                            Franz FISCHLER
                                                                      Member of the Commission
 ---pagebreak--- No L 260/22     EN                  Official Journal of the European Communities                                 31 . 10 . 95
                                                           ANNEX I
                                                                                          (tonnes)
                                            Place of storage                  Quantity
                              Schleswig-Holstein/Hamburg/                       50 578
                              Niedersachsen/Bremen/
                              Nordrhein-Westfalen
                              Berlin/Brandenburg/                             122 516
                              Mecklenburg-Vorpommern
                              Sachsen/Sachsen-Anhalt/Thüringen                  76 887
                                                          ANNEX II
            Standing invitation for the resale of 250 000 tonnes of barley held by the German interven­
                                           tion agency for dispatch to Spain
                                                (Regulation (EC) No 2539/95)
                      1              2                 3              4                 5               6
                                                                                 Price increase
                                                                                       (+)         Commercial
               Number of         Number            Quantity      Tender price    or reduction
                                                                                                      costs
                 tenderer          of lot          (tonnes)      (ECU/tonne)           (-)
                                                                                 (ECU/tonne)       (ECU/tonne)
                                                                                     (p. m.)
                     1
                     2
                     3
                    etc.
                                                         ANNEX III
            Only the following numbers in Brussels should be used (DG VI. (C.1 ) Attention : Messrs Thibault and
            Brus) :
            — telex :            — 22037 AGREC B,
                                 — 22070 AGREC B (Greek alphabet) ;
            — telefax :          — 295 01 32,
                                 — 296 10 97,
                                 — 295 25 15.