CELEX: 31999R1855
Language: en
Date: 1999-08-27 00:00:00
Title: Commission Regulation (EC) No 1855/1999 of 27 August 1999 opening a standing invitation to tender for the export of sorghum held by the French intervention agency

28. 8. 1999            EN                      Official Journal of the European Communities                                          L 228/3
                                         COMMISSION REGULATION (EC) No 1855/1999
                                                            of 27 August 1999
               opening a standing invitation to tender for the export of sorghum held by the French intervention
                                                                    agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                               2.     The regions in which the 49 000 tonnes of sorghum are
                                                                          stored are set out in Annex I.
Having regard to the Treaty establishing the European
Community,
                                                                                                        Article 3
Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in                     1.     Notwithstanding the third paragraph of Article 16 of
cereals (1), as last amended by Regulation (EC) No 1253/                  Regulation (EEC) No 2131/93, the price to be paid for the
1999 (2), and in particular Article 5 thereof,                            export shall be that quoted in the tender.
(1)     Whereas Commission Regulation (EEC) No 2131/93 (3),
                                                                          2.     No export refund or tax or monthly increase shall be
        as last amended by Regulation (EC) No 39/1999 (4), lays
                                                                          granted on exports carried out pursuant to this Regulation.
        down the procedure and conditions for the disposal of
        cereals held by intervention agencies;
                                                                          3.     Article 8(2) of Regulation (EEC) No 2131/93 shall not
(2)     Whereas, given the current market situation, a standing           apply.
        invitation to tender should be opened for the export of
        49 000 tonnes of sorghum held by the French interven-
        tion agency;                                                                                    Article 4
(3)     Whereas special procedures must be laid down to ensure            1.     The export licences shall be valid from their date of issue
        that the operations and their monitoring are properly             within the meaning of Article 9 of Regulation (EEC) No 2131/
        effected; whereas, to that end, provision should be made          93 until the end of the fourth month thereafter.
        for a security lodgement scheme which ensures that
        aims are met while avoiding excessive costs for the               2.     Tenders submitted in response to this invitation to tender
        operators; whereas derogations should accordingly be              may not be accompanied by export licence applications
        made to certain rules, in particular those laid down in           submitted pursuant to Article 44 of Commission Regulation
        Regulation (EEC) No 2131/93;                                      (EEC) No 3719/88 (5).
(4)     Whereas, where removal of the sorghum is delayed by
        more than five days or the release of one of the securi-                                        Article 5
        ties required is delayed for reasons imputable to the
        intervention agency the Member State concerned must               1.     Notwithstanding Article 7(1) of Regulation (EEC) No
        pay compensation;                                                 2131/93, the time limit for submission of tenders in respect of
                                                                          the first partial invitation to tender shall be 9 a.m. (Brussels
(5)     Whereas the measures provided for in this Regulation              time) on 9 September 1999.
        are in accordance with the opinion of the Management
        Committee for Cereals,                                            2.     The time limit for submission of tenders in respect of
                                                                          subsequent partial invitations to tender shall be 9 a.m. (Brussels
                                                                          time) each Thursday thereafter.
HAS ADOPTED THIS REGULATION:
                                                                          3.     The last partial invitation to tender shall be 9 a.m. (Brus-
                                                                          sels time) on 30 September 1999.
                              Article 1
                                                                          4.     Tenders shall be lodged with the French intervention
Subject to the provisions of this Regulation the French inter-            agency.
vention agency issues a standing invitation to tender for the
export of sorghum held by it in accordance with Regulation
(EEC) No 2131/93.                                                                                       Article 6
                                                                          1.     The intervention agency, the storer and the successful
                              Article 2                                   tenderer shall, at the request of the latter and by common
                                                                          agreement, either before or at the time of removal from storage
1.     The invitation to tender shall cover a maximum of                  as the successful tenderer chooses, take reference samples for
49 000 tonnes of sorghum for export to third countries.                   counter-analysis at the rate of at least one sample for every 500
                                                                          tonnes and shall analyse the samples. The intervention agency
(1) OJ L  181, 1.7.1992, p. 21.                                           may be represented by a proxy, provided this is not the storer.
(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 228/4                EN                      Official Journal of the European Communities                                    28. 8. 1999
The analysis results shall be forwarded to the Commission in              2.     However, if the sorghum is removed before the results of
the event of a dispute.                                                   the analyses are known, all risks shall be borne by the
                                                                          successful tenderer from the time the lot is removed, without
                                                                          prejudice to any means of redress of which he may avail
Reference samples for counter-analysis shall be taken and
                                                                          himself against the storer.
analysed within seven working days of the date of the
successful tenderer's request or within three working days if the         3.     If, as a result of successive replacements, the successful
samples are taken on removal from storage. Where the final                tenderer has not received a replacement lot of the quality laid
result of sample analyses indicates a quality:                            down within one month of the date of his request for a
                                                                          replacement, he shall be discharged of all his obligations and
(a) higher than that specified in the notice of invitation to             the securities shall be released once he has informed the
     tender, the successful tenderer must accept the lot as estab-        Commission and the intervention agency forthwith in accord-
     lished;                                                              ance with Annex II.
(b) higher than the minimum characteristics laid down for                 4.     Except where the final results of analyses indicate a
     intervention but below the quality described in the notice           quality below the minimum characteristics laid down for inter-
     of invitation to tender, providing that the differences              vention, the costs of taking the samples and conducting the
     having regard to those criteria do not exceed the following          analyses provided for in paragraph 1 but not of inter-bin
     limits:                                                              transfers shall be borne by the European Agricultural Guidance
     — one percentage point as regards moisture content,                  and Guarantee Fund (EAGGF) in respect of up to one analysis
                                                                          per 500 tonnes. The costs of inter-bin transfers and any addi-
     — 0,1 percentage point for the tannin content,                       tional analyses requested by the successful tenderer shall be
     — half a percentage point as regards impurities as speci-            borne by him.
         fied in points B.2 and B.4 of the Annex to Commission
         Regulation (EEC) No 689/92 (1), and
                                                                                                       Article 7
     — half a percentage point as regards impurities as speci-
         fied in point B.5 of the Annex to Regulation (EEC) No            By derogation from Article 12 of Commission Regulation (EEC)
         689/92, the percentages admissible for noxious grains,           No 3002/92 (2), the documents relating to the sale of sorghum
         however, remaining unchanged,                                    in accordance with this Regulation, and in particular the export
                                                                          licence, the removal order referred to in Article 3(1)(b) of
the successful tenderer must accept the lot as established;               Regulation (EEC) No 3002/92, the export declaration and,
                                                                          where necessary, the T5 copy shall carry the entry:
(c) higher than the minimum characteristics laid down for                 — Sorgo de intervención sin aplicación de restitución ni
     intervention but below the quality described in the notice               gravamen, Reglamento (CE) no 1855/1999
     of invitation to tender, and a difference exceeding the limits
     set out in point (b), the successful tenderer may:                   — Sorghum fra intervention uden restitutionsydelse eller
                                                                              -afgift, forordning (EF) nr. 1855/1999
     — accept the lot as established, or
                                                                          — Interventionssorghum ohne Anwendung von Ausfuhrerstat-
     — refuse to take over the lot in question. The successful                tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 1855/
         tenderer shall be discharged of all his obligations                  1999
         relating to the lot in question and the securities shall be      — Σόργος παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου,
         released only once he has informed the Commission                    κανονισµός (ΕΚ) αριθ. 1855/1999
         and the intervention agency forthwith in accordance
         with Annex II; however, if he requests the intervention          — Intervention sorghum without application of refund or tax,
         agency to supply him with another lot of intervention                Regulation (EC) No 1855/1999
         sorghum of the quality laid down at no additional                — Sorgho d'intervention ne donnant pas lieu à restitution ni
         charge, the security shall not be released. The lot must             taxe, règlement (CE) no 1855/1999
         be replaced within three days of the date of the                 — Sorgo d'intervento senza applicazione di restituzione né di
         successful tenderer's request. The successful tenderer               tassa, regolamento (CE) n. 1855/1999
         shall notify the Commission immediately thereof in               — Sorghum uit interventie, zonder toepassing van restitutie of
         accordance with Annex II;                                            belasting, Verordening (EG) nr. 1855/1999
(d) below the minimum characteristics laid down for interven-             — Sorgo de intervenção sem aplicação de uma restituição ou
     tion, the successful tenderer may not remove the lot in                  imposição, Regulamento (CE) n.o 1855/1999
     question. He shall be discharged of all his obligations              — Interventiodurraa, johon ei sovelleta vientitukea eikä vienti-
     relating to the lot in question and the securities shall be              maksua, asetus (EY) N:o 1855/1999
     released only once he has informed the Commission and                — Interventionssockerhirs, utan tillämpning av bidrag eller
     the intervention agency forthwith in accordance with                     avgift, förordning (EG) nr 1855/1999.
     Annex II; however, he may request the intervention agency
     to supply him with another lot of intervention sorghum of
     the quality laid down at no additional charge. In that case,                                      Article 8
     the security shall not be released. The lot must be replaced
     within three days of the date of the successful tenderer's           1.     The security lodgement pursuant to Article 13(4) of
     request. The successful tenderer shall immediately inform            Regulation (EEC) No 2131/93 must be released once the export
     the Commission thereof in accordance with Annex II.                  licences have been issued to the successful tenderers.
(1) OJ L 74, 20.3.1992, p. 18.                                            (2) OJ L 301, 17.10.1992, p. 17.
 ---pagebreak--- 28. 8. 1999           EN                     Official Journal of the European Communities                                        L 228/5
2.    The obligation to export to the third countries shall be          specified in this same Article shall confer an entitlement to
covered by a security amounting to EUR 50 per tonne of                  compensation from the Member State amounting to
which EUR 30 per tonne shall be lodged when the export                  EUR 0,015 per 10 tonnes for each day's delay.
licence is issued, with the balance of EUR 20 per tonne being
lodged before removal of the cereals.                                   This compensation shall not be charged to the EAGGF.
Article 15(2) of Regulation (EEC) No 3002/92 notwithstanding:
— the amount of EUR 30 per tonne must be released within                                            Article 9
    20 working days of the date on which the successful                 Within two hours of the expiry of the time limit for the
    tenderer supplies proof that the sorghum removed has left           submission of tenders, the French intervention agency shall
    the customs territory of the Community,                             notify the Commission of tenders received. Such notification
— the amount of EUR 20 per tonne must be released within                shall be made using the model set out in Annex III and the
    15 working days of the date on which the successful                 telex or fax numbers set out in Annex IV.
    tenderer supplies the proof referred to in Article 17(3) of
    Regulation (EEC) No 2131/93.
                                                                                                   Article 10
3.    Except in duly substantiated exceptional cases, in partic-
ular the opening of an administrative enquiry, any release of           This Regulation shall enter into force on the day of its publica-
the securities provided for in this Article after the time limits       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, 27 August 1999.
                                                                                    For the Commission
                                                                                     Karel VAN MIERT
                                                                                 Member of the Commission
 ---pagebreak--- L 228/6       EN                        Official Journal of the European Communities                                     28. 8. 1999
                                                                ANNEX I
                                                                                            (tonnes)
                                               Place of storage                   Quantity
                              Bordeaux                                            10 450
                              Lyon                                                 9 590
                              Marseille                                            4 320
                              Montpellier                                          7 000
                              Toulouse                                            17 640
                                                                ANNEX II
        Communication of refusal of lots under the standing invitation to tender for the export of sorghum held by the
                                                    French intervention agency
                                        (Article 6(1) of Regulation (EC) No 1855/1999)
        — Name of successful tenderer:
        — Date of award contract:
        — Date of refusal of lot by successful tenderer:
                                                Quantity          Address
                     Lot No                                                        Reason for refusal to take over
                                               in tonnes           of silo
                                                                            — % of tannins
                                                                            — % sprouted grains
                                                                            — % miscellaneous impurities (Schwarzbesatz)
                                                                            — % of matter which is not basic cereal of
                                                                               unimpaired quality
                                                                            — Other
 ---pagebreak--- 28. 8. 1999           EN                           Official Journal of the European Communities                                            L 228/7
                                                                          ANNEX III
                  Standing invitation to tender for the export of sorghum held by the French intervention agency
                                                             (Regulation (EC) No 1855/1999)
                     1                   2                  3                    4                 5                 6              7
                                                                            Offer price   Price increases (+)
                                                                                                              Commercial costs
                 Tender No       Consignment No Quantity (tonnes)          (EUR/tonne)     or reductions (–)                   Destination
                                                                                                                (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 VI-C-1):
            — fax:                      296 49 56,
                                        295 25 15,
            — telex:                    22037 AGREC B,
                                        22070 AGREC B (Greek characters).