CELEX: 31996R0922
Language: en
Date: 1996-05-23 00:00:00
Title: COMMISSION REGULATION (EC) No 922/96 of 23 May 1996 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 the World Food Programme

24. 5. 96             EN                 Official Journal of the European Communities                              No L 126/31
                                          COMMISSION REGULATION (EC) No 922/96
                                                            of 23 May 1996
                     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 the World
                                                           Food Programme
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           3719/88 (*), as last amended by Regulation (EC) No
                                                                         2137/95 (*), it should be laid down that the export licence
   Having regard to the Treaty establishing the European                security may only be released when proof has been
   Community,                                                           provided that the common wheat has been taken over by
                                                                        the World Food Programme;
   Having regard to Council Regulation (EEC) No 1766/92,
   of 30 June 1992, on the common organization of the                   Whereas, where removal of the wheat is delayed by more
   market in cereals (!), as last amended by Regulation (EC)            than five days, or the release of one of the securities
   No 1 863/95 (2), and in particular Article 5 thereof,                required is delayed, for reasons imputable to the interven­
                                                                        tion agency the Member State concerned will have to pay
   Whereas Commission Regulation (EEC) No 2131 /93 (3),                 compensation;
   as amended by Regulation (EC) No 120/94 (4), lays down
   the procedure and conditions for the disposal of cereals             Whereas the measures provided for in this Regulation are
   held by intervention agencies;                                       in accordance with the opinion of the Management
                                                                        Committee for Cereals,
  Whereas certain quantities of common wheat are needed
  to implement the food-aid programmes of the World
  Food Programme; whereas, given the current difficult
  situation on the world market in common wheat, and to                 HAS ADOPTED THIS REGULATION:
  ensure that the World Food Programme has a reliable
  source of supply for part of its needs, a specific invitation
  to tender should be opened under conditions appropriate
                                                                                                  Article 1
  to the competitive situation now existing on the world
  market;
                                                                        1 . A standing invitation to tender is hereby issued for
  Whereas the German intervention agency holds stocks of               the export of:
  common wheat of breadmaking quality; whereas part of
  the wheat coming from the intervention stocks held by
                                                                       — 50 019 tonnes of common wheat of breadmaking
                                                                            quality, held by the German intervention agency.
  the aforementioned agency should therefore be resold to
  the World Food Programme; whereas to meet its quanti­
  tative and qualitative needs; the common wheat success­              2. The regions in which the 50 019 tonnes of German
 fully tendered for must be exported by 31 August 1996 at              common wheat of breadmaking quality are stored are
                                                                       listed in Annex I.
 the latest;
 Whereas the specific nature of the operation and the                  3. The intervention agency concerned shall prepare a
 accounting position of the common wheat in question                   notice of invitation to tender indicating for each lot or,
 require greater flexibility in the mechanisms and obliga­             where appropriate, each part lot:
 tions governing the resale of intervention stocks and also            — the location ,
 require exclusion of any refund, tax or monthly increase;
 whereas special procedures must be laid down to ensure                — and at least the following features:
 that the operations and their monitoring are properly
 effected; whereas to that end provision should be made                    — specific weight,
 for a security lodgment scheme which ensures that the                     — moisture content,
 aims are met while avoiding excessive costs for the opera­
 tors; whereas derogations should accordingly be made to                   — Hagberg falling number,
 certain rules, in particular those laid down in Regulation                — impurity contents and sprouted grains,
(EEC) No 2131 /93;
                                                                           — protein content.
Whereas, in addition to the conditions laid down in
Article     30   of Commission           Regulation (EEC) No          4. It shall publish the notice of invitation to tender at
                                                                      least two days before the date set for the first partial invi­
                                                                      tation to tender.
(')  OJ  No  L 181 , 1 . 7. 1992, p. 21 .
(2)  OJ  No  L 179, 29. 7. 1995, p. 1 .
(3)  OJ  No  L 191 , 31 . 7. 1993, p. 76.                             0 OJ No L 331 , 2. 12. 1988 , p. 1 .
(4)  OJ  No  L 21 , 26. 1 . 1994, p. 1 .                              (<) OJ No L 214, 8 . 9. 1995, p. 21 .
 ---pagebreak---  No L 126/32           EN               Official Journal of the European Communities                                 24. 5. 96
                           Article 2                               3 . The licence obliges the operator to deliver to the
                                                                   World Food Programme the quantity for which the
 Subject to the provisions of this Regulation, the sales of        licence application was submitted.
 common wheat of breadmaking quality referred to in
Article 1 shall take place in accordance with the proce­           4.    The export licences shall be issued as soon as the
dure and conditions laid down by Regulation (EEC) No               successful tenderers have been selected.
2131 /93 .
                                                                   5. Article 9 of Regulation (EEC) No 3719/88 notwith­
                           Article 3                               standing, the rights deriving from the licence referred to
                                                                   in this Article shall not be transferable .
 1.     The time limit for submitting tenders for the first
 partial invitations to tender shall be 9 a.m. (Brussels time)
on Thursday 30 May 1996.                                                                     Article 6
2. The time limit for submitting tenders for the second
partial invitation to tender shall be 9 a.m. (Brussels time)       1 . The intervention agency, the storer and the
on the following Thursday.                                         successful tenderer, if he so wishes, shall, by common
                                                                   agreement, either before or at the moment of removal
The time limit for the last partial invitation to tender           from storage, as the successful tenderer chooses, take
shall be 25 July 1996.                                             reference samples at the rate of at least one sample for
                                                                   every 500 tonnes, and shall analyse the samples. The
3.      Tenders must be submitted to the German interven­          intervention agency may be represented by a proxy,
tion agency.                                                       provided this is not the storer.
                                                                  The Commission must be informed of the findings of the
                           Article 4                               analyses in the event of a dispute.
 1.    Tenders shall only be admissible if:                        Reference samples shall be taken and analysed within
— the tenderer provides written proof from the World               seven working days of the date of the successful tenderer's
     Food Programme that he has concluded for the quan­            request or within three working days if the samples were
     tity in question a commercial supply contract for            taken on removal from storage. If the final result of the
     common wheat of breadmaking quality to this organi­          sample analyses indicates a quality:
     zation. Such proof shall be lodged with the interven­
                                                                  (a) greater than that specified in the notice of invitation
     tion agency at least two working days before the date             to tender, the successful tenderer must accept the lot
     of the first invitation to tender,
                                                                       as established;
— they are accompanied by an application for an export
     licence for the destination in question .                    (b) greater than the minimum characteristics required for
                                                                       intervention but below the quality described in the
The proof provided for in the first indent shall also indi­            notice of invitation to tender, with the difference
cate the quality provided for in the contract, the time                remaining within a limit of up to:
limit for delivery and the price terms.
                                                                       — 2 kg/hi for the specific weight, which must not,
The Member State shall send the Commission a copy of                       however, be less than 72 kg/hi,
the said proof forthwith, for information.                             — one percentage point for the moisture current,
                                                                       — 20 percentage points for the Hagberg falling
2.     Tenders may not exceed the quantity laid down in                    index,
the commercial contract submitted.
                                                                       — one percentage point for the protein content,
When transmitting the tenders submitted, the Member                    — half a percentage point for the impurities referred
State shall     inform   the  Commission of the         above,             to in B.2 and B.4 of the Annex to Commission
mentioning the names of the tenderers involved.                            Regulation (EEC) No 689/92 (')
                                                                           and
                           Article 5                                   — half a percentage point for the impurities referred
                                                                           to in point B.5 of the Annex to Regulation (EEC)
1 . No export refund or export tax or monthly increase                     No 689/92, the percentages admissible for noxious
shall be applied for exports carried out pursuant to this                  grains and ergot, however, remaining unchanged,
Regulation.
                                                                       the successful tenderer must accept the lot as establi­
2. The validity of the export licences issued in accor­                shed;
dance with this Regulation shall expire on 31 August
1996.                                                             (') OJ No L 74, 20. 3. 1992, p. 18 .
 ---pagebreak---   24. 5 . 96            EN               Official Journal of the European Communities                            No L 126/33
  (c) greater than the minimum characteristics required for         analysis per 500 tonnes with the exception of the trans­
       intervention but below the quality described in the          silage costs.
       notice of invitation to tender with the difference
       surpassing the limit referred to in point (b), the           The cost of transsilage and of any additional analyses
       successful tenderer may:                                     requested by the successful tenderer shall be borne by
                                                                    him .
      — either accept the lot as established,
      — or refuse to take over the lot in question. The                                       Article 7
           successful tenderer shall be released from all his
           obligations relating to the lot in question, inclu­      The successful tenderer shall pay for the common wheat
           ding the securities, only once he has informed the       before removing it at the price indicated in the tender.
           Commission and the intervention agency forth­            The final date for removal is 23 August 1996.
           with, in accordance with Annex IV; however, if he
                                                                   The payment due for each of the lots to be removed shall
           requests the intervention agency to supply him           be indivisible .
           with another lot of intervention bread-making
           wheat of the quality laid down, and that without
           additional charges, the security shall not be
                                                                                             Article 8
           released. The lot must be replaced within a
           maximum of three days from the date of the
           successful tenderer's request. The successful            1.    The security lodged pursuant to Article 13 (4) of
           tenderer shall immediately inform the Commis­            Regulation (EEC) No 2131 /93 must be released once the
           sion thereof in accordance with Annex IV;               export licences have been issued to the successful tende­
                                                                   rers .
 (d) below the minimum characteristics required for inter­         2. The obligation to deliver to the World Food
      vention, the successful tenderer may not remove the          Programme shall be covered by a security amounting to
      lot in question. He shall be released from all his obli­     ECU 45 per tonne of which ECU 20 per tonne shall be
      gations relating to the lot in question, including the       lodged upon issue of the export licence, with the balance
      securities, only once he has informed the Commission         of ECU 25 being lodged before removal of the cereals.
      and the intervention agency forthwith, in accordance
      with Annex IV; however, he may request the interven­
                                                                   Article 15 (2) of Commission Regulation (EEC) No
      tion agency to supply him with another lot of inter­         3002/92 (') notwithstanding:
      vention bread-making wheat of the quality laid down,
      without additional charges. In this case, the security       — the amount of ECU 45 per tonne must be released
      shall not be released. The lot must be replaced within            within 15 working days of the date on which the
      a maximum of three days from the date of the                      successful tenderer supplies proof that the common
      successful tenderer's request. The successful tenderer            wheat has been taken over by the World Food
      shall immediately inform the Commission thereof in                Programme. This proof shall be supplied in accor­
      accordance with Annex IV.                                         dance with Articles 1 8 and 47 of Commission Regula­
                                                                        tion (EEC) No 3665/87 (2).
 2. However, if the bread-making wheat is removed                  3.     Except in duly substantiated exceptional cases, in
before the results of the analysis are known, all risks shall      particular the opening of an administrative enquiry, any
be borne by the successful tenderer from the time of               release of the securities provided for in this Article after
removal of the lot, without prejudice to the forms of              the limits specified in this same Article shall confer an
recourse the successful tenderer may have against the              entitlement to compensation from the Member State
storer.                                                            amounting to 0,015 ECU/ 10 tonnes for each day's delay.
                                                                   This compensation shall not be charged to the EAGGF.
3 . If, after successive replacements, the successful
tenderer has not received a replacement lot of the quality
laid down within one month of the date of his request for                                   Article 9
replacement, he shall be released from all his obligations,
including the securities once he has informed the                 Article 12 of Regulation (EEC) No 3002/92 notwith­
Commission and the intervention agency forthwith in               standing, the documents relating to the sale of common
accordance with Annex IV.                                         wheat in accordance with this Regulation and in parti­
                                                                  cular the export licence, the removal order referred to in
                                                                  Article 3 ( 1 ) (b) of Regulation (EEC) No 3002/92, the
4. The costs of the taking of samples and the analyses            export declaration and, where appropriate, the T5 control
referred to in paragraph 1 , except those where the final         copy must bear the words:
result of the analyses produces a quality inferior to the
minimum characteristics required for intervention, shall          (') OJ No L 301 , 17. 10. 1992, p. 17.
be borne by the EAGGF up to a maximum of one                      (2) OJ No L 351 , 14. 12. 1987, p. 1 .
 ---pagebreak--- No L 126/34         EN              Official Journal of the European Communities                                24. 5. 96
— Trigo blando panificable de intervención sin aplica­        — Trigo mole panificável de intervenção sem aplicação
   ción de restitución ni gravamen, destinado al World             de uma restituição, ou imposição destinado ao World
   Food Programme — Reglamento (CE) n° 922/96                      Food Programme — Regulamento (CE) n? 922/96
— Bageegnet blød hvede fra intervention uden restitu­         — Interventioleipävehnää, jolle ei makseta vientitukea
   tionsydelse eller -afgift bestemt for World Food                eikä vientimaksua ja jonka määräpaikka on World
   Programme — forordning (EF) nr. 922/96                          Food Programme — asetus (EY) N:o 922/96
— Interventions-Brotweichweizen ohne Anwendung von            — Interventionsvete av brödkvalitet, ej utan bidrag eller
  Ausfuhrerstattungen oder Ausfuhrabgaben, Bestim­                 avgift avsett för World Food Programme — förord­
   mung World Food Programme — Verordnung (EG)                     ning (EG) nr 922/96.
   Nr. 922/96
— Μαλακός αρτοποιήσιμος σίτος παρέμβασης, χωρίς
  εφαρμογή επιστροφής ή φόρου προοριζόμενος για                                         Article 10
  το World Food Programme — κανονισμός (ΕΚ)
  αριθ. 922/96                                                1.     The German intervention agency shall inform the
— Intervention common wheat of breadmaking quality            Commission of the tenders received within three hours of
  without application of refund or tax, bound for the         the expiry of the time limit for submitting tenders. The
  World Food Programme — Regulation (EC) No                   information must be sent in the form laid down in Annex
  922/96                                                      II to one of the telex or fax numbers listed in Annex III.
— Blé tendre d intervention panifiable ne donnant pas
  lieu à restitution ni à taxe, destiné au World Food         2. It shall inform the Commission on a monthly basis
  Programme — règlement (CE) n0 922/96                        of the quantities of common wheat removed pursuant to
                                                              this Regulation.
— Frumento tenero d intervento panificabile senza appli­
  cazione di restituzione o di tassa, destinato al World
  Food Programme — regolamento (CE) n . 922/96                                         Article 11
— Zachte tarwe van bakkwaliteit uit interventie , zonder
  toepassing van restitutie of belasting, bestemd voor        This Regulation shall enter into force on the day of its
  World Food Programme — Verordening (EG) nr.                 publication in the Official Journal of the European
  922/96                                                      Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 23 May 1996.
                                                                        For the Commission
                                                                          Franz FISCHLER
                                                                   Member of the Commission
 ---pagebreak---  24. 5 . 96               EN                  Official Journal of the European Communities                                       No L 126/35
                                                                       ANNEX I
                                                                                                                          (tonnes)
                                                Region of storage                                           Quantities
                   GERMANY:
                   Schleswig-Holstein/Hamburg/
                   Niedersachsen/Bremen/
                   Nordrhein-Westfalen                                                                       47 427
                   Sachsen/Sachsen-Anhalt/
                   Thüringen                                                                                  2 592
                                                                      ANNEX II
 Standing invitation to tender for the export of 50 019 tonnes of common wheat of breadmaking quality held by the German
                                                                 intervention agency
                                                             (Regulation (EC) No 922/96)
           1                  2                   3                      4                       5                  6                  7
                                                                                          Increases ( + )
      Registration                                                  Offer price                               Commercial
                             Lot              Quantity                                   Reductions (-)
      number of                                                    (ECU/tonne)                                   costs            Destination
                           number            in tonnes                                     (ECU/tonne)
     the tenderer                                                       C)                                    (ECU/tonne)
                                                                                               p.m .
           1
           2
           3
         etc.
{') This price includes the increases and reductions relating to the lot for which the tender is submitted.
 ---pagebreak--- No L 126/36   fENl                Official Journal of the European Communities                         24. 5. 96
                                                       ANNEX III
            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,
                             or 296 10 97.
                                                       ANNEX IV
            Communication of refusal of lots under the standing invitation to tender for the export of
                50 019 tonnes of bread-making wheat held by the German intervention agency
                                        (Article 6 of Regulation (EC) No 922/96)
            — Name of successful tenderen
            — 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 wheat of unimpaired
                                                          quality
                                                       — Other