CELEX: 31999R2079
Language: en
Date: 1999-09-30 00:00:00
Title: Commission Regulation (EC) No 2079/1999 of 30 September 1999 opening a standing invitation to tender for the export of rye held by the German intervention agency

1. 10. 1999            EN                      Official Journal of the European Communities                                         L 256/39
                                         COMMISSION REGULATION (EC) No 2079/1999
                                                          of 30 September 1999
               opening a standing invitation to tender for the export of rye 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,                                                                499 725 tonnes of rye for export to third countries.
                                                                          2.     The regions in which the 499 725 tonnes of rye are
Having regard to Council Regulation (EEC) No 1766/92 of 30                stored are set out in Annex I.
June 1992 on the common organisation of the market in
cereals (1), as last amended by Regulation (EC) No 1253/
1999 (2), and in particular Article 5 thereof,                                                          Article 3
(1)     Whereas Commission Regulation (EEC) No 2131/93 (3),               1.     Notwithstanding the third paragraph of Article 16 of
        as last amended by Regulation (EC) No 39/1999 (4), lays           Regulation (EEC) No 2131/93, the price to be paid for the
        down the procedure and conditions for the disposal of             export shall be that quoted in the tender.
        cereals held by intervention agencies;
                                                                          2.     No export refund or tax or monthly increase shall be
(2)     Whereas, given the current market situation, a standing           granted on exports carried out pursuant to this Regulation.
        invitation to tender should be opened for the export of
        499 725 tonnes of rye held by the German intervention             3.     Article 8(2) of Regulation (EEC) No 2131/93 shall not
        agency;                                                           apply.
(3)     Whereas special procedures must be laid down to ensure                                          Article 4
        that the operations and their monitoring are properly
        effected; whereas, to that end, provision should be made          1.     The export licences shall be valid from their date of issue
        for a security lodgement scheme which ensures that                within the meaning of Article 9 of Regulation (EEC) No
        aims are met while avoiding excessive costs for the               2131/93 until the end of the fourth month thereafter.
        operators; whereas derogations should accordingly be
        made to certain rules, in particular those laid down in           2.     Tenders submitted in response to this invitation to tender
        Regulation (EEC) No 2131/93;                                      may not be accompanied by export licence applications
                                                                          submitted pursuant to Article 44 of Commission Regulation
(4)     Whereas, where removal of the rye is delayed by more              (EEC) No 3719/88 (5).
        than five days or the release of one of the securities
        required is delayed for reasons imputable to the inter-
        vention agency the Member State concerned must pay                                              Article 5
        compensation;
                                                                          1.     Notwithstanding Article 7(1) of Regulation (EEC) No
(5)     Whereas the measures provided for in this Regulation              2131/93, the time limit for submission of tenders in respect of
        are in accordance with the opinion of the Management              the first partial invitation to tender shall be 9 a.m. (Brussels
        Committee for Cereals,                                            time) on 7 October 1999.
                                                                          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 25 May 2000.
                              Article 1                                   4.     Tenders shall be lodged with the German intervention
                                                                          agency.
Subject to the provisions of this Regulation the German inter-
vention agency issues a standing invitation to tender for the                                           Article 6
export of rye held by it in accordance with Regulation (EEC)
No 2131/93.                                                               1.     The intervention agency, the storer and the successful
                                                                          tenderer shall, at the request of the latter and by common
(1) OJ L  181, 1.7.1992, p. 21.                                           agreement, either before or at the time of removal
(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 256/40               EN                      Official Journal of the European Communities                                    1. 10. 1999
from storage as the successful tenderer chooses, take reference                relating to the lot in question and the securities shall be
samples for counter-analysis at the rate of at least one sample                released only once he has informed the Commission and
for every 500 tonnes and shall analyse the samples. The inter-                 the intervention agency forthwith in accordance with
vention agency may be represented by a proxy, provided this is                 Annex II; however, he may request the intervention agency
not the storer.                                                                to supply him with another lot of intervention rye of the
                                                                               quality laid down at no additional charge. In that case, the
                                                                               security shall not be released. The lot must be replaced
The analysis results shall be forwarded to the Commission in                   within three days of the date of the successful tenderer's
the event of a dispute.                                                        request. The successful tenderer shall immediately inform
                                                                               the Commission thereof in accordance with Annex II.
Reference samples for counter-analysis shall be taken and
analysed within seven working days of the date of the
successful tenderer's request or within three working days if the         2.     However, if the rye is removed before the results of the
samples are taken on removal from storage. Where the final                analyses are known, all risks shall be borne by the successful
result of sample analyses indicates a quality:                            tenderer from the time the lot is removed, without prejudice to
                                                                          any means of redress of which he may avail himself against the
                                                                          storer.
(a) higher than that specified in the notice of invitation to
     tender, the successful tenderer must accept the lot as estab-
     lished;                                                              3.     If, as a result of successive replacements, the successful
                                                                          tenderer has not received a replacement lot of the quality laid
(b) higher than the minimum characteristics laid down for                 down within one month of the date of his request for a
     intervention but below the quality described in the notice           replacement, he shall be discharged of all his obligations and
     of invitation to tender, providing that the differences              the securities shall be released once he has informed the
     having regard to those criteria do not exceed the following          Commission and the intervention agency forthwith in accord-
     limits:                                                              ance with Annex II.
     — one kilogram per hectolitre as regards specific weight,
         which must not, however, be less than 68 kg/hl,
                                                                          4.     Except where the final results of analyses indicate a
     — one percentage point as regards moisture content,                  quality below the minimum characteristics laid down for inter-
                                                                          vention, the costs of taking the samples and conducting the
     — half a percentage point as regards impurities as speci-            analyses provided for in paragraph 1 but not of inter-bin
         fied in points B.2 and B.4 of the Annex to Commission            transfers shall be borne by the European Agricultural Guidance
         Regulation (EEC) No 689/92 (1),                                  and Guarantee Fund (EAGGF) in respect of up to one analysis
         and                                                              per 500 tonnes. The costs of inter-bin transfers and any addi-
                                                                          tional analyses requested by the successful tenderer shall be
     — half a percentage point as regards impurities as speci-            borne by him.
         fied in point B.5 of the Annex to Regulation (EEC) No
         689/92, the percentages admissible for noxious grains
         and ergot, however, remaining unchanged,
     the successful tenderer must accept the lot as established;                                       Article 7
(c) higher than the minimum characteristics laid down for
     intervention but below the quality described in the notice           By derogation from Article 12 of Commission Regulation (EEC)
     of invitation to tender, and a difference exceeding the limits       No 3002/92 (2), the documents relating to the sale of rye in
     set out in point (b), the successful tenderer may:                   accordance with this Regulation, and in particular the export
                                                                          licence, the removal order referred to in Article 3(1)(b) of
     — accept the lot as established, or                                  Regulation (EEC) No 3002/92, the export declaration and,
     — refuse to take over the lot in question. The successful            where necessary, the T5 copy shall carry the entry:
         tenderer shall be discharged of all his obligations              — Centeno de intervención sin aplicación de restitución ni
         relating to the lot in question and the securities shall be          gravamen, Reglamento (CE) no 2079/1999
         released only once he has informed the Commission
         and the intervention agency forthwith in accordance              — Rug fra intervention uden restitutionsydelse eller -afgift,
         with Annex II; however, if he requests the intervention              forordning (EF) nr. 2079/1999
         agency to supply him with another lot of intervention            — Interventionsroggen ohne Anwendung von Ausfuhrerstat-
         rye of the quality laid down at no additional charge, the            tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 2079/
         security shall not be released. The lot must be replaced             1999
         within three days of the date of the successful tenderer's
         request. The successful tenderer shall notify the                — Σίκαλη παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου,
         Commission immediately thereof in accordance with                    κανονισµός (ΕΚ) αριθ. 2079/1999
         Annex II;
                                                                          — Intervention rye without application of refund or tax, Regu-
                                                                              lation (EC) No 2079/1999
(d) below the minimum characteristics laid down for interven-
     tion, the successful tenderer may not remove the lot in              — Seigle d'intervention ne donnant pas lieu à restitution ni
     question. He shall be discharged of all his obligations                  taxe, règlement (CE) no 2079/1999
(1) OJ L 74, 20.3.1992, p. 18.                                            (2) OJ L 301, 17.10.1992, p. 17.
 ---pagebreak--- 1. 10. 1999           EN                     Official Journal of the European Communities                                       L 256/41
— Segala d'intervento senza applicazione di restituzione né di              tenderer supplies proof that the rye removed has left the
    tassa, regolamento (CE) n. 2079/1999                                    customs territory of the Community,
— Rogge uit interventie, zonder toepassing van restitutie of            — the amount of EUR 20 per tonne must be released within
    belasting, Verordening (EG) nr. 2079/1999                               15 working days of the date on which the successful
— Centeio de intervenção sem aplicação de uma restituição ou                tenderer supplies the proof referred to in Article 17(3) of
    imposição, Regulamento (CE) n.o 2079/1999                               Regulation (EEC) No 2131/93.
— Interventioruista, johon ei sovelleta vientitukea eikä vienti-        3.    Except in duly substantiated exceptional cases, in partic-
    maksua, asetus (EY) N:o 2079/1999                                   ular the opening of an administrative enquiry, any release of
— Interventionsråg, utan tillämpning av bidrag eller avgift,            the securities provided for in this Article after the time limits
    förordning (EG) nr 2079/1999.                                       specified in this same Article shall confer an entitlement to
                                                                        compensation from the Member State amounting to
                                                                        EUR 0,015 per 10 tonnes for each day's delay.
                            Article 8
                                                                        This compensation shall not be charged to the EAGGF.
1.    The security lodgement pursuant to Article 13(4) of
Regulation (EEC) No 2131/93 must be released once the export                                        Article 9
licences have been issued to the successful tenderers.
                                                                        Within two hours of the expiry of the time limit for the
2.    The obligation to export to the third countries shall be          submission of tenders, the German intervention agency shall
covered by a security amounting to EUR 50 per tonne of                  notify the Commission of tenders received. Such notification
which EUR 30 per tonne shall be lodged when the export                  shall be made using the model set out in Annex III and the
licence is issued, with the balance of EUR 20 per tonne being           telex or fax numbers set out in Annex IV.
lodged before removal of the cereals.
Article 15(2) of Regulation (EEC) No 3002/92 notwithstanding:                                      Article 10
— the amount of EUR 30 per tonne must be released within                This Regulation shall enter into force on the day of its publica-
    15 working days of the date on which the successful                 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, 30 September 1999.
                                                                                     For the Commission
                                                                                       Franz FISCHLER
                                                                                 Member of the Commission
 ---pagebreak--- L 256/42       EN                        Official Journal of the European Communities                                      1. 10. 1999
                                                                   ANNEX I
                                                                                              (tonnes)
                                                   Place of storage                  Quantity
                               Schleswig-Holstein/Hamburg/Niedersachsen/
                               Bremen/Nordrhein-Westfalen                              26 820
                               Hessen/Rheinland-Pfalz/Baden-Württemberg/
                               Saarland/Bayern                                          5 238
                               Berlin/Brandenburg/Mecklenburg-Vorpommern             407 174
                               Sachsen/Sachsen-Anhalt/Thüringen                        60 493
                                                                   ANNEX II
         Communication of refusal of lots under the standing invitation to tender for the export of rye held by the
                                                      German intervention agency
                                           (Article 6(1) of Regulation (EC) No 2079/1999)
         — 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
                                                                              — Specific weight (kg/hl)
                                                                              — % sprouted grains
                                                                              — % miscellaneous impurities (Schwarzbesatz)
                                                                              — % of matter which is not basic cereal of
                                                                                 unimpaired quality
                                                                              — Other
 ---pagebreak--- 1. 10. 1999           EN                           Official Journal of the European Communities                                            L 256/43
                                                                          ANNEX III
                     Standing invitation to tender for the export of rye held by the German intervention agency
                                                             (Regulation (EC) No 2079/1999)
                     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):
            — telex:                    22037 AGREC B,
                                        22070 AGREC B (Greek characters),
            — fax:                      296 49 56,
                                        295 25 15.