CELEX: 31999R0301
Language: en
Date: 1999-02-10 00:00:00
Title: Commission Regulation (EC) No 301/1999 of 10 February 1999 opening a standing invitation to tender for the export of common wheat of breadmaking quality held by the German intervention agency

11. 2. 1999           EN                Official Journal of the European Communities                                   L 37/13
                                    COMMISSION REGULATION (EC) No 301/1999
                                                    of 10 February 1999
                  opening a standing invitation to tender for the export of common wheat of
                            breadmaking quality held by the German 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,                                                         250 359 tonnes of common wheat of breadmaking quality
                                                                   for export to third countries.
Having regard to Council Regulation (EEC) No 1766/92
                                                                   2. The regions in which the 250 359 tonnes of
of 30 June 1992 on the common organisation of the
                                                                   common wheat of breadmaking quality are stored are set
market in cereals (1), as last amended by Commission
                                                                   out in Annex I.
Regulation (EC) No 923/96 (2), and in particular Article 5
thereof,
                                                                                              Article 3
Whereas Commission Regulation (EEC) No 2131/93 (3),
as last amended by Regulation (EC) No 39/1999 (4), lays            1. Notwithstanding the third paragraph of Article 16 of
down the procedure and conditions for the disposal of              Regulation (EEC) No 2131/93, the price to be paid for the
cereals held by intervention agencies;                             export shall be that quoted in the tender.
                                                                   2. No export refund or tax or monthly increase shall be
Whereas, given the current market situation, a standing            granted on exports carried out pursuant to this Regula-
invitation to tender should be opened for the export of            tion.
250 359 tonnes of common wheat of breadmaking quality
held by the German intervention agency;                            3. Article 8(2) of Regulation (EEC) No 2131/93 shall
                                                                   not apply.
Whereas special procedures must be laid down to ensure
that the operations and their monitoring are properly
                                                                                              Article 4
effected; whereas, to that end, provision should be made
for a security lodgement scheme which ensures that aims            1. The export licences shall be valid from their date of
are met while avoiding excessive costs for the operators;          issue within the meaning of Article 9 of Regulation (EEC)
whereas derogations should accordingly be made to                  No 2131/93 until the end of the fourth month thereafter.
certain rules, in particular those laid down in Regulation
(EEC) No 2131/93;                                                  2. Tenders submitted in response to this invitation to
                                                                   tender may not be accompanied by export licence
Whereas, where removal of the common wheat of bread-               applications submitted pursuant to Article 44 of Commis-
making quality is delayed by more than five days or the            sion Regulation (EEC) No 3719/88 (5).
release of one of the securities required is delayed for
reasons imputable to the intervention agency the Member                                       Article 5
State concerned must pay compensation;
                                                                   1. Notwithstanding Article 7(1) of Regulation (EEC) No
Whereas the measures provided for in this Regulation are           2131/93, the time limit for submission of tenders in
in accordance with the opinion of the Management                   respect of the first partial invitation to tender shall be 9
Committee for Cereals,                                             a.m. (Brussels time) on 11 February 1999.
                                                                   2. The time limit for submission of tenders in respect
                                                                   of subsequent partial invitations to tender shall be 9 a.m.
HAS ADOPTED THIS REGULATION:                                       (Brussels time) each Thursday thereafter.
                                                                   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 German interven-
Subject to the provisions of this Regulation the German            tion agency.
intervention agency issues a standing invitation to tender
for the export of common wheat of breadmaking quality
held by it in accordance with Regulation (EEC) No 2131/                                       Article 6
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 126,  24. 5. 1996, p. 37.
(3) OJ L 191,  31. 7. 1993, p. 76.
(4) OJ L 5, 9. 1. 1999, p. 64.                                     (5) OJ L 331, 2. 12. 1988, p. 1.
 ---pagebreak--- L 37/14               EN                 Official Journal of the European Communities                                11. 2. 1999
removal from storage as the successful tenderer chooses,                     quality laid down at no additional charge, the
take reference samples for counter-analysis at the rate of                   security shall not be released. The lot must be
at least one sample for every 500 tonnes and shall analyse                   replaced within three days of the date of the
the samples. The intervention agency may be represented                      successful tenderer’s request. The successful
by a proxy, provided this is not the storer.                                 tenderer shall notify the Commission immediately
                                                                             thereof in accordance with Annex II;
The analysis results shall be forwarded to the Commission
in the event of a dispute.                                          (d) below the minimum characteristics laid down for
                                                                         intervention, the successful tenderer may not remove
                                                                         the lot in question. He shall be discharged of all his
Reference samples for counter-analysis shall be taken and                obligations relating to the lot in question and the
analysed within seven working days of the date of the                    securities shall be released only once he has informed
successful tenderer’s request or within three working days               the Commission and the intervention agency forth-
if the samples are taken on removal from storage. Where                  with in accordance with Annex II; however, he may
the final result of sample analyses indicates a quality:                 request the intervention agency to supply him with
                                                                         another lot of intervention common wheat of bread-
(a) higher than that specified in the notice of invitation               making quality of the quality laid down at no addi-
     to tender, the successful tenderer must accept the lot              tional charge. In that case, the security shall not be
     as established;                                                     released. The lot must be replaced within three days
                                                                         of the date of the successful tenderer’s request. The
(b) higher than the minimum characteristics laid down
                                                                         successful tenderer shall immediately inform the
     for intervention but below the quality described in the
                                                                         Commission thereof in accordance with Annex II.
     notice of invitation to tender, providing that the
     differences having regard to those criteria do not
     exceed the following limits:                                   2. However, if the common wheat of breadmaking
                                                                    quality is removed before the results of the analyses are
     — two kilograms per hectolitre as regards specific             known, all risks shall be borne by the successful tenderer
         weight, which must not, however, be less than 72           from the time the lot is removed, without prejudice to any
         kg/hl,                                                     means of redress of which he may avail himself against
     — one percentage point as regards moisture content,            the storer.
     — 20 percentage points for the Hagberg falling
         index,                                                     3. If, as a result of successive replacements, the
     — half a percentage point as regards impurities as             successful tenderer has not received a replacement lot of
         specified in points B.2 and B.4 of the Annex to            the quality laid down within one month of the date of his
         Commission Regulation (EEC) No 689/92 (1),                 request for a replacement, he shall be discharged of all his
                                                                    obligations and the securities shall be released once he
         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
                                                                    4. Except where the final results of analyses indicate a
         noxious grains and ergot, however, remaining
                                                                    quality below the minimum characteristics laid down for
         unchanged,
                                                                    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 wheat of breadmaking quality in accordance with this
         agency forthwith in accordance with Annex II;              Regulation, and in particular the export licence, the
         however, if he requests the intervention agency to         removal order referred to in Article 3(1)(b) of Regulation
         supply him with another lot of intervention                (EEC) No 3002/92, the export declaration and, where
         common wheat of breadmaking quality of the                 necessary, the T5 copy shall carry the entry:
(1) OJ L 74, 20. 3. 1992, p. 18.                                    (2) OJ L 301, 17. 10. 1992, p. 17.
 ---pagebreak--- 11. 2. 1999           EN                Official Journal of the European Communities                                    L 37/15
— Trigo blando panificable de intervención sin aplica-             awarded but not less than EUR 10 per tonne. Half of the
    ción de restitución ni gravamen, Reglamento (CE)               security shall be lodged when the licence is issued and
    no 301/1999                                                    the balance shall be lodged before the cereals are
— Bageegnet blød hvede fra intervention uden restitu-              removed.
    tionsydelse eller -afgift, forordning (EF) nr. 301/1999
                                                                   Notwithstanding Article 15(2) of Regulation (EEC) No
— Interventions-Brotweichweizen ohne Anwendung von                 3002/92:
    Ausfuhrerstattungen oder Ausfuhrabgaben, Verord-
    nung (EG) Nr. 301/1999                                         — the part of the security lodged when the licence is
— Μαλακr αρτοποισιµοr στοr παρµβασηr χωρr εφαρ-                   issued must be released within 20 working days of the
    µογ επιστροφr  φρου, κανονισµr (ΕΚ)                           date on which the successful tenderer provides proof
    αριθ. 301/1999                                                     that the cereals removed have left the customs ter-
— Intervention common wheat of breadmaking quality                     ritory of the Community,
    without application of refund or tax, Regulation (EC)          — the remainder must be released within 15 working
    No 301/1999                                                        days of the date on which the successful tenderer
— Blé tendre d’intervention panifiable ne donnant pas                  provides the proof referred to in Article 17(3) of Regu-
    lieu à restitution ni taxe, règlement (CE) no 301/1999             lation (EEC) No 2131/93.
— Frumento tenero d’intervento panificabile senza appli-           3. Except in duly substantiated exceptional cases, in
    cazione di restituzione né di tassa, regolamento (CE)          particular the opening of an administrative enquiry, any
    n. 301/1999                                                    release of the securities provided for in this Article after
— Zachte tarwe van bakkwaliteit uit interventie, zonder            the time limits specified in this same Article shall confer
    toepassing van restitutie of belasting, Verordening            an entitlement to compensation from the Member State
    (EG) nr. 301/1999                                              amounting to EUR 0,015 per 10 tonnes for each day’s
— Trigo mole panificável de intervenção sem aplicação              delay.
    de uma restituição ou imposição, Regulamento (CE)
    nº 301/1999                                                    This compensation shall not be charged to the EAGGF.
— Interventioleipävehnää, johon ei sovelleta vientitukea
    eikä vientimaksua, asetus (EY) N:o 301/1999                                              Article 9
— Interventionsvete, av brödkvalitet, utan tillämpning av
    bidrag eller avgift, förordning (EG) nr 301/1999.              Within two hours of the expiry of the time limit for the
                                                                   submission of tenders, the German intervention agency
                          Article 8                                shall notify the Commission of tenders received. Such
                                                                   notification shall be made using the model set out in
1. The security lodgement pursuant to Article 13(4) of             Annex III and the telex or fax numbers set out in
Regulation (EEC) No 2131/93 must be released once the              Annex IV.
export licences have been issued to the successful
tenderers.
                                                                                            Article 10
2. Notwithstanding Article 17 of Regulation (EEC) No
2131/93, the obligation to export shall be covered by a            This Regulation shall enter into force on the day of its
security equal to the difference between the intervention          publication in the Official Journal of the European
price applying on the day of the award and the price               Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 10 February 1999.
                                                                              For the Commission
                                                                                Franz FISCHLER
                                                                          Member of the Commission
 ---pagebreak--- L 37/16    EN                  Official Journal of the European Communities                               11. 2. 1999
                                                       ANNEX I
                                                                                      (tonnes)
                                       Place of storage                   Quantity
                        Schleswig-Holstein/Hamburg/
                        Niedersachsen/Bremen/
                        Nordrhein-Westfalen                               133 643
                        Hessen/Rheinland-Pfalz/
                        Baden-Württemberg/Saarland/Bayern                  66 327
                        Berlin/Brandenburg/
                        Mecklenburg-Vorpommern                             16 534
                        Sachsen/Sachsen-Anhalt/Thüringen                   33 855
                                                      ANNEX II
        Communication of refusal of lots under the standing invitation to tender for the export of
          common wheat of breadmaking quality held by the German intervention agency
                                 (Article 6(1) of Regulation (EC) No 301/1999)
         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--- 11. 2. 1999      EN                     Official Journal of the European Communities                                        L 37/17
                                                               ANNEX III
            Standing invitation to tender for the export of common wheat of breadmaking quality held
                                               by the German intervention agency
                                                     (Regulation (EC) No 301/1999)
                    1                2                3                4               5             6               7
                                                                               Price increases
                                                                                    (+) or
                                                                 Offer price                    Commercial
                               Consignment       Quantity                        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).