CELEX: 32000R0390
Language: en
Date: 2000-02-21 00:00:00
Title: Commission Regulation (EC) No 390/2000 of 21 February 2000 opening a standing invitation to tender for the export of barley held by the Danish intervention agency

22. 2. 2000            EN                     Official Journal of the European Communities                                          L 49/19
                                         COMMISSION REGULATION (EC) No 390/2000
                                                           of 21 February 2000
               opening a standing invitation to tender for the export of barley 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,                                                               31 757 tonnes of barley for export to third countries, with the
                                                                         exception of the United States, Canada and Mexico.
Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in                    2.     The regions in which the 31 757 tonnes of barley are
cereals (1), as last amended by Commission Regulation (EC) No            stored are set out in Annex I.
1253/1999 (2), and in particular Article 5 thereof,
Whereas:
                                                                                                       Article 3
(1)     Commission Regulation (EEC) No 2131/93 ( ), as last
                                                         3
        amended by Regulation (EC) No 39/1999 (4), lays down             1.     Notwithstanding the third paragraph of Article 16 of
        the procedure and conditions for the disposal of cereals         Regulation (EEC) No 2131/93, the price to be paid for the
        held by intervention agencies.                                   export shall be that quoted in the tender.
(2)     Given the current market situation, a standing invitation        2.     No export refund or tax or monthly increase shall be
        to tender should be opened for the export of 31 757              granted on exports carried out pursuant to this Regulation.
        tonnes of barley held by the Danish intervention agency.
                                                                         3.     Article 8(2) of Regulation (EEC) No 2131/93 shall not
(3)     Special procedures must be laid down to ensure that the          apply.
        operations and their monitoring are properly effected.
        To that end, provision should be made for a security
        lodgement scheme which ensures that aims are met
        while avoiding excessive costs for the operators.                                              Article 4
        Derogations should accordingly be made to certain rules,
        in particular those laid down in Regulation (EEC)                1.     The export licences shall be valid from their date of issue
        No 2131/93.                                                      within the meaning of Article 9 of Regulation (EEC) No 2131/
                                                                         93 until the end of the fourth month thereafter.
(4)     Where removal of the barley is delayed by more than
        five days or the release of one of the securities required       2.     Tenders submitted in response to this invitation to tender
        is delayed for reasons imputable to the intervention             may not be accompanied by export licence applications
        agency the Member State concerned must pay                       submitted pursuant to Article 44 of Commission Regulation
        compensation.                                                    (EEC) No 3719/88 (5).
(5)     The measures provided for in this Regulation are in
        accordance with the opinion of the Management
        Committee for Cereals,                                                                         Article 5
                                                                         1.     Notwithstanding Article 7(1) of Regulation (EEC) No
                                                                         2131/93, the time limit for submission of tenders in respect of
                                                                         the first partial invitation to tender shall be 9 a.m. (Brussels
HAS ADOPTED THIS REGULATION:                                             time) on 24 February 2000.
                                                                         2.     The time limit for submission of tenders in respect of
                              Article 1                                  subsequent partial invitations to tender shall be 9 a.m. (Brussels
                                                                         time) each Thursday thereafter.
Subject to the provisions of this Regulation the Danish inter-
vention agency issues a standing invitation to tender for the            3.     The last partial invitation to tender shall be 9 a.m. (Brus-
export of barley held by it in accordance with Regulation (EEC)          sels time) on 25 May 2000.
No 2131/93.
                                                                         4.     Tenders shall be lodged with the Danish intervention
(1) OJ L  181, 1.7.1992, p. 21.                                          agency.
(2) OJ L  160, 26.6.1999, p. 18.
(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 49/20                EN                      Official Journal of the European Communities                                     22. 2. 2000
                               Article 6                                            the security shall not be released. The lot must be
                                                                                    replaced within three days of the date of the successful
                                                                                    tenderer's request. The successful tenderer shall notify
1.      The intervention agency, the storer and the successful                      the Commission immediately thereof in accordance
tenderer shall, at the request of the latter and by common                          with Annex II;
agreement, either before or at the time of removal from storage
as the successful tenderer chooses, take reference samples for
counter-analysis at the rate of at least one sample for every 500         (d) below the minimum characteristics laid down for interven-
tonnes and shall analyse the samples. The intervention agency                  tion, the successful tenderer may not remove the lot in
may be represented by a proxy, provided this is not the storer.                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 the Commission and
                                                                               the intervention agency forthwith in accordance with
The analysis results shall be forwarded to the Commission in                   Annex II; however, he may request the intervention agency
the event of a dispute.                                                        to supply him with another lot of intervention barley of the
                                                                               quality laid down at no additional charge. In that case, the
                                                                               security shall not be released. The lot must be replaced
Reference samples for counter-analysis shall be taken and                      within three days of the date of the successful tenderer's
analysed within seven working days of the date of the                          request. The successful tenderer shall immediately inform
successful tenderer's request or within three working days if the              the Commission thereof in accordance with Annex II.
samples are taken on removal from storage. Where the final
result of sample analyses indicates a quality:
                                                                          2.     However, if the barley is removed before the results of
(a) higher than that specified in the notice of invitation to             the analyses are known, all risks shall be borne by the
     tender, the successful tenderer must accept the lot as estab-        successful tenderer from the time the lot is removed, without
     lished;                                                              prejudice to any means of redress of which he may avail
                                                                          himself against the storer.
(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 differences              3.     If, as a result of successive replacements, the successful
     having regard to those criteria do not exceed the following          tenderer has not received a replacement lot of the quality laid
     limits:                                                              down within one month of the date of his request for a
                                                                          replacement, he shall be discharged of all his obligations and
     — two kilograms per hectolitre as regards specific weight,
                                                                          the securities shall be released once he has informed the
         which must not, however, be less than 60 kg/hl,
                                                                          Commission and the intervention agency forthwith in accord-
     — one percentage point as regards moisture content,                  ance with Annex II.
     — half a percentage point as regards impurities as speci-
         fied in points B.2 and B.4 of the Annex to Commission
         Regulation (EEC) No 689/92 (1), and                              4.     Except where the final results of analyses indicate a
                                                                          quality below the minimum characteristics laid down for inter-
     — half a percentage point as regards impurities as speci-            vention, the costs of taking the samples and conducting the
         fied in point B.5 of the Annex to Regulation (EEC) No            analyses provided for in paragraph 1 but not of inter-bin
         689/92, the percentages admissible for noxious grains            transfers shall be borne by the European Agricultural Guidance
         and ergot, however, remaining unchanged,                         and Guarantee Fund (EAGGF) in respect of up to one analysis
                                                                          per 500 tonnes. The costs of inter-bin transfers and any addi-
                                                                          tional analyses requested by the successful tenderer shall be
    the successful tenderer must accept the lot as established;
                                                                          borne by him.
(c) higher than the minimum characteristics laid down for
     intervention but below the quality described in the notice
     of invitation to tender, and a difference 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 securities shall be      By derogation from Article 12 of Commission Regulation (EEC)
         released only once he has informed the Commission                No 3002/92 (2), the documents relating to the sale of barley in
         and the intervention agency forthwith in accordance              accordance with this Regulation, and in particular the export
         with Annex II; however, if he requests the intervention          licence, the removal order referred to in Article 3(1)(b) of
         agency to supply him with another lot of intervention            Regulation (EEC) No 3002/92, the export declaration and,
         barley of the quality laid down at no additional charge,         where 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--- 22. 2. 2000          EN                     Official Journal of the European Communities                                        L 49/21
— Cebada de intervención sin aplicación de restitución ni              lodged when the licence is issued and the balance shall be
    gravamen, Reglamento (CE) no 390/2000                              lodged before the cereals are removed.
— Byg fra intervention uden restitutionsydelse eller -afgift,          Notwithstanding Article 15(2) of Regulation (EEC) No 3002/
    forordning (EF) nr. 390/2000                                       92:
— Interventionsgerste ohne Anwendung von Ausfuhrerstat-                — the part of the security lodged when the licence is issued
    tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 390/                   must be released within 20 working days of the date on
    2000                                                                   which the successful tenderer provides proof that the
— Κριθή παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου, κανο-                cereals removed have left the customs territory of the
    νισµός (ΕΚ) αριθ. 390/2000                                             Community.
— Intervention barley without application of refund or tax,            Notwithstanding Article 17(3) of Regulation (EEC) No 2131/
    Regulation (EC) No 390/2000                                        93:
— Orge d'intervention ne donnant pas lieu à restitution ni             — the remainder must be released within 15 working days of
    taxe, règlement (CE) no 390/2000                                       the date on which the successful tenderer provides the
— Orzo d'intervento senza applicazione di restituzione né di               proof referred to in Article 18 of Regulation (EEC) No
    tassa, regolamento (CE) n. 390/2000                                    3665/87.
— Gerst uit interventie, zonder toepassing van restitutie of
                                                                       3.    Except in duly substantiated exceptional cases, in partic-
    belasting, Verordening (EG) nr. 390/2000
                                                                       ular the opening of an administrative enquiry, any release of
— Cevada de intervenção sem aplicação de uma restituição ou            the securities provided for in this Article after the time limits
    imposição, Regulamento (CE) n.o 390/2000                           specified in this same Article shall confer an entitlement to
— Interventio-ohraa, johon ei sovelleta vientitukea eikä vienti-       compensation from the Member State amounting to
    maksua, asetus (EY) N:o 390/2000                                   EUR 0,015 per 10 tonnes for each day's delay.
— Interventionskorn, utan tillämpning av bidrag eller avgift,          This compensation shall not be charged to the EAGGF.
    förordning (EG) nr 390/2000.
                                                                                                   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 shall
Regulation (EEC) No 2131/93 must be released once the export           notify the Commission of tenders received. Such notification
licences have been issued to the successful tenderers.                 shall be made using the model set out in 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 awarded but             This Regulation shall enter into force on the day of its publica-
not less than EUR 10 per tonne. Half of the security shall be          tion in the Official Journal of the European Communities.
                    This Regulation shall be binding in its entirety and directly applicable in all Member States.
                    Done at Brussels, 21 February 2000.
                                                                                    For the Commission
                                                                                      Franz FISCHLER
                                                                                Member of the Commission
 ---pagebreak--- L 49/22       EN                          Official Journal of the European Communities                                           22. 2. 2000
                                                                   ANNEX I
                                                                                                  (tonnes)
                                                 Place of storage                      Quantity
                              Sjælland                                                 13 235
                              Jylland                                                  14 617
                              Fyn                                                        3 905
                                                                  ANNEX II
        Communication of refusal of lots under the standing invitation to tender for the export of barley held by the
                                                     Danish intervention agency
                                           (Article 6(1) of Regulation (EC) No 390/2000)
        — Name of successful tenderer:
        — Date of award of contract:
        — Date of refusal of lot by successful tenderer:
                                 Quantity                  Address
            Lot No                                                                    Reason for refusal to take over
                                in tonnes                   of silo
                                                                           — Specific weight (kg/hl)
                                                                           — % sprouted grains
                                                                           — % miscellaneous impurities (Schwarzbesatz)
                                                                           — % of matter which is not basic cereal of unimpaired
                                                                             quality
                                                                           — Other
 ---pagebreak--- 22. 2. 2000           EN                            Official Journal of the European Communities                                           L 49/23
                                                                           ANNEX III
                    Standing invitation to tender for the export of barley held by the Danish intervention agency
                                                               (Regulation (EC) No 390/2000)
                      1                  2                   3                   4                  5                6              7
                                                                                            Price increases
                                                                                                 (+) or
                                                                            Offer price
                                    Consignment          Quantity                             reductions      Commercial costs
                 Tender No                                                 (EUR/tonne)                                         Destination
                                        No               (tonnes)                                  (–)          (EUR/tonne)
                                                                                (1)
                                                                                             (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 AGRI-C-1):
            — fax                        296 49 56,
                                         295 25 15;
            — telex                      22037 AGREC B,
                                         22070 AGREC B (Greek characters).