CELEX: 31995R0986
Language: en
Date: 1995-04-28 00:00:00
Title: COMMISSION REGULATION (EC) No 986/95 of 28 April 1995 opening a standing invitation to tender for the export of 600 000 tonnes of bread-making wheat held by the French intervention agency

No L 100/4            fENi                Official Journal of the European Communities                                   3 . 5. 95
                                           COMMISSION REGULATION (EC) No 986/95
                                                           of 28 April 1995
                     opening a standing invitation to tender for the export of 600 000 tonnes of
                                 bread-making wheat held by the French intervention agency
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Whereas the measures provided for in this Regulation are
                                                                       in accordance with the opinion of the Management
                                                                       Committee for Cereals,
  Having regard to the Treaty establishing the European
 Community,
                                                                       HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No 1766/92
 of 30 June 1992 on the common organization of the
 market in cereals ('), as last amended by the Act of Acces­
                                                                                                Article 1
 sion of Austria, Finland and Sweden and Regulation (EC)
 No 3290/94 (2), and in particular Article 5 thereof,
                                                                      The French intervention agency may, on the conditions
                                                                      laid down in Regulation (EEC) No 2131 /93, open a
 Whereas Commission Regulation (EEC) No 2131 /93 (3),                 standing invitation to tender for the export of 600 000
 as amended by Regulation (EC) No 1 20/94 (4), lays down              tonnes of bread-making wheat held by it.
 the procedures and conditions for the disposal of cereals
 held by intervention agencies ;
                                                                                                Article 2
 Whereas, given the current market situation, a standing               1.   The invitation to tender shall cover a maximum of
 invitation to tender should be opened for the export at              600 000 tonnes of bread-making wheat to be exported to
 the beginning of the 1995/96 cereals marketing year of               all third countries. Customs export formalities may not be
 600 000 tonnes of bread-making wheat held by the                     completed before 1 July 1995.
 French intervention agency ;
                                                                      2. The regions in which the 600 000 tonnes of bread­
                                                                      making wheat are stored are stated in Annex I to this
 Whereas the proposed invitation to tender for the export             Regulation.
 of intervention stocks is special in that it will be opened
 at the end of the marketing year, from May 1995, but for
 deliveries which will not be possible until 1 July 1995 ;                                      Article 3
 whereas there should therefore be a derogation from the
 first paragraph of Article 16 of Regulation (EEC) No
 2131 /93, which provides for a maximum delay of one                  1 . The export licences shall be valid from their date of
 month between acceptance of the tender and payment                   issue, within the meaning of Article 9 of Regulation
 and also a derogation from the third paragraph of Article            (EEC) No 2131 /93, until the end of the following fourth
                                                                      month .
 16 of the said Regulation, application of which would
 have led to the price accepted already being increased by
 monthly increments for the removal of the cereals from               2. Tenders submitted in response to this invitation to
the intervention store in July, whereas export was not                tender shall be admissible only if they are accompanied
scheduled previously ;                                                by a written undertaking to export beginning on 1 July
                                                                      1995. They may not be accompanied by applications for
                                                                      export licences pursuant to Article 44 of Commission
Whereas the operative event for the conversion of tenders             Regulation (EEC) No 3719/88 f).
submitted for intervention stocks is the date of payment
for cereals as fixed by Commission Regulation (EEC) No
 1068/93 Q, as last amended by Regulation (EC) No                                               Article 4
 1 57/95 (6) ; whereas this rule should be applied to the
sales provided for in this Regulation without prejudice to            1.    Notwithstanding Article 7 (1 ) of Regulation (EEC)
the possibility of fixing the agricultural conversion rate in         No 2131 /93, the time limit for submission of tenders
advance in accordance with Articles 13 to 17 of Regula­               under the first partial invitation to tender shall expire on
tion (EEC) No 1068/93 ;                                               4 May 1995 at 9 a.m. (Brussels time).
                                                                      2.    The time limit for submission of tenders under the
(') OJ  No    L 181 , 1 . 7. 1992, p. 21 .
(2) OJ  No    L 349, 31 . 12. 1994, p. 105.                           subsequent partial invitations to tender shall expire each
(3) OJ  No    L 191 , 31 . 7. 1993, p. 76.                            Thursday at 9 a.m. (Brussels time).
(4) OJ  No    L 21 , 26. 1 . 1994, p. 1 .
j5) OJ No L 108, 1 . 5. 1993, p. 106.
¥) OJ No L 24, 1 . 2. 1995, p. 1 .                                    0 OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak---  3 . 5 . 95          I EN I            Official Journal of the European Communities                              No L 100/5
 3. The last partial invitation to tender shall expire on             invitation to tender, with the difference remaining
 30 May 1996 at 9 a.m. (Brussels time).                               within a limit of up to :
 4.      The tenders shall be lodged with the French inter­           — 2 kg/hi for the specific weight, which must not,
vention agency.                                                           however, be less than 72 kg/hi,
                                                                      — one percentage point for the moisture content,
                                                                      — 20 percentage points for the Hagberg falling
                           Article 5                                      index,
                                                                      — one percentage point for the protein content,
The following provisions shall apply to tenders submitted
before 1 July 1995 :                                                  — half a percentage point for the impurities referred
                                                                          to in B.2 and B.4 of the Annex to Regulation
— notwithstanding the first subparagraph of Article 1 6 of                (EEC) No 689/92,
      Regulation (EEC) No 2131 /93, the payment must be                   and
      made not later than 31 July 1995,
                                                                      — half a percentage point for the impurities referred
— notwithstanding the third subparagraph of Article 16                    to in point B.5 of the Annex to Commission
      of Regulation (EEC) No 2131 /93, the price to be paid               Regulation (EEC) No 689/92 ('), the percentage
      for products for export shall be that indicated in the              admissible for noxious grains and ergot, however
      tender,                                                             remaining unchanged,
— without prejudice to the possibility of fixing the agri­            the successful tenderer must accept the lot as estab­
      cultural conversion rate in advance, tenders shall be           lished ;
      converted using the agricultural conversion rate appli­
      cable on the date of the payment of cereals of the         (c) greater than the minimum characteristics required for
      batch concerned.                                                intervention but below the quality described in the
                                                                      notice of invitation to tender with the difference
                                                                      surpassing the limit referred to in point (b), the
                           Article 6
                                                                      successful tenderer may :
                                                                      — either accept the lot as established,
 Notwithstanding Article 17 (3) of Regulation (EEC) No                — or refuse to take over the lot in question. The
2131 /93, the security referred to in the second indent of                successful tenderer shall be released from all his
Article 17 (2) of the said Regulation shall not be released               obligations relating to the lot in question, in­
until proof is furnished that the customs export formal­                  cluding the securities, only once he has informed
ities have taken place from 1 July 1995.
                                                                          the Commission and the intervention agency
                                                                          forthwith, in accordance with Annex II ; however,
                                                                          if he requests the intervention agency to supply
                           Article 7                                      him with another lot of intervention bread-making
                                                                          wheat of the quality laid down, and that without
 1 . The intervention agency, the storer and the                          additional charges, the security shall not be
successful tenderer, if he so wishes, shall by common                     released. The lot must be replaced within a
agreement, either before or at the moment of removal                      maximum of three days from the date of the
from storage, as the successful tenderer chooses, take                    successful    tenderer's  request. The    successful
reference samples at the rate of at least one sample for                  tenderer shall immediately inform the Commis­
every 500 tonnes, and shall analyse the samples. The                      sion thereof in accordance with Annex II :
intervention agency may be represented by a proxy,
provided this is not the storer.                                 (d) below the minimum characteristics required for inter­
                                                                      vention, the successful tenderer may not remove the
                                                                      lot in question . He shall be released from all his obli­
The Commission must be informed of the findings of the
                                                                      gations relating to the lot in question, including the
analyses within three days.                                           securities, only once he has informed the Commission
                                                                      and the intervention agency forthwith, in accordance
Reference samples shall be taken and analysed within                  with Annex II ; however, he may request the interven­
seven working days of the date of the successful tenderer's           tion agency to supply him with another lot of inter­
request or within three working days if the samples were              vention bread-making wheat of the quality laid down,
taken on removal from storage. If the final result of the             without additional charges. In this case, the security
sample analyses indicates a quality :                                 shall not be released. The lot must be replaced within
                                                                      a maximum of three days from the date of the
(a) greater than that specified in the notice of invitation
                                                                      successful tenderer's request. The successful tenderer
     to tender, the successful tenderer must accept the lot           shall immediately inform the Commission thereof in
     as established ;                                                 accordance with Annex II.
(b) greater than the minimum characteristics for interven­
     tion but below the quality described in the notice of       (') OJ No L 74, 20. 3. 1992, p. 18 .
 ---pagebreak--- No L 100/6         PEN                 Official Journal of the European Communities                                  3 . 5. 95
2. However, if the bread-making wheat is removed                 be borne by the EAGGF up to a maximum of one
before the results of the analysis are known, all risks shall    analysis per 500 tonnes with the exception of the trans­
be borne by the successful tenderer from the time of             silage costs. The cost of any additional analyses requested
removal of the lot, without prejudice to the forms of            by the successful tenderer shall be borne by him.
recourse the successful tenderer may have against the
storer.                                                                                    Article 8
3. If, the successive replacements, the successful               The French intervention agency shall notify the Commis­
tenderer has not received a replacement lot of the quality       sion of the tenders received not later than two hours after
laid down within one month of the date of his request for        expiry of the time limit for the submission thereof. Noti­
replacement, he shall be released from all his obligations,      fication shall be given as specified in the table in Annex
including the securities, once he has informed the               III to this Regulation, to the telex or telefax numbers in
Commission and the intervention agency forthwith in              Annex IV.
accordance with Annex II.
                                                                                          Article 9
4. The costs of the taking of samples and the analyses
referred to in paragraph 1 , except those where the final        This Regulation shall enter into force on the day of its
result of the analyses produces a quality inferior to the        publication in the Official Journal of the European
minimum characteristics required for intervention, shall         Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 28 April 1995.
                                                                          For the Commission
                                                                             Franz FISCHLER
                                                                       Member of the Commission
 ---pagebreak--- 3 . 5. 95  I EN I               Official Journal of the European Communities                                  No L 100/7
                                                        ANNEX I
                                                                                        (tonnes)
                                         Place of storage                    Quantity
                          Amiens                                                6 000
                          Chalons                                             40 000
                          Dijon                                               29 000
                          Lille                                               30 000
                          Nantes                                              10 000
                          Orleans                                            193 000
                          Paris                                               61 000
                          Poitiers                                            58 000
                          Rennes                                              23 000
                          Rouen                                              150 000
                                                       ANNEX II
          Communication of refusal of lots under the standing invitation to tender for the export of
              600 000 tonnes of bread-making wheat held by the French intervention agency
                                    (Article 7 (1 ) of Regulation (EC) No 986/95)
          — 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/hi)
                                                        — % sprouted grains
                                                        — % miscellaneous impurities (Schwarzbesatz)
                                                        — % of matter which is not basic cereal of unimpaired
                                                          quality
                                                        — Other
 ---pagebreak--- No L 100 /8     TENl                   Official Journal of the European Communities                                         3 . 5. 95
                                                              ANNEX III
            Standing invitation to tender (or the export of 600 000 tonnes of bread-making wheat held
                                               by the French intervention agency
                                                     (Regulation (EC) No 986/95)
                     1              2                3               4               5              6                7
                                                                              Price increases
                                                                Offer price       (+) or       Commercial
                 Tender        Consignment       Quantity      (ECU/tonne)
                                                                                reductions
                                                                                                  costs         Destination
                    No             No            (tonnes)                           (-)       (ECU/tonne)
                                                                    (')        (ECU/tonne)
                                                                                   p.m .
                     1
                    2
                    3
                   etc .
            (') 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 )
            — telex :                22037 AGREC B
                                     22070 AGREC B (Greek characters)
            — telefax :              296 49 56
                                     295 25 15.