CELEX: 31999R0935
Language: en
Date: 1999-05-04 00:00:00
Title: COMMISSION REGULATION (EC) No 935/1999 of 4 May 1999 on the sale of 40000 tonnes of barley held by the Spanish intervention agency for processing in Portugal

5. 5. 1999              EN               Official Journal of the European Communities                                    L 117/7
                                    COMMISSION REGULATION (EC) No 935/1999
                                                        of 4 May 1999
                    on the sale of 40 000 tonnes of barley held by the Spanish intervention agency for
                                                    processing in Portugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                 from intervention (5), as last amended by Regula-
                                                                            tion (EC) No 770/96 (6), is applicable;
Having regard to the Treaty establishing the European               (5)     Whereas the Management Committee for Cereals
Community,                                                                  has not delivered an opinion within the time limit
                                                                            set by its chairman,
Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of the
market in cereals (1) as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article 5
thereof,                                                            HAS ADOPTED THIS REGULATION:
(1)     Whereas Portugal is experiencing particular diffi-
        culties with respect to supplies of feed grain                                         Article 1
        following an extremely poor barley harvest in 1998
        as a result of adverse weather conditions;                  1.     The Portuguese intervention agency, hereinafter
                                                                    referred to as INGA, shall organise a standing invitation
                                                                    to tender under the conditions laid down in Regulation
(2)     Whereas supplies are available in Spain in the form         (EEC) No 2131/93 for the resale of 40 000 tonnes of
        of intervention barley; whereas this barley does not        barley held in the region of Palencia and Burgos by the
        find its way to Portugal in view of the long                Spanish intervention agency, hereinafter referred to as
        distances and high transport costs involved;                FEGA, for disposal in Portugal.
(3)     Whereas, taking into account the supplies of feed           2.     Without prejudice to Regulation (EEC) No 2131/93,
        grain available in Spain and their remoteness from          the following special rules shall apply to this invitation to
        areas of consumption and export ports, the quant-           tender:
        ities of grain in question would be extremely diffi-
        cult to dispose of under the normal conditions of            for the first invitation to tender, tenderers may not
        resale of intervention stocks laid down in Commis-               submit tenders for more than 1 500 tonnes,
        sion Regulation (EEC) No 2131/93 of 28 July 1993             tenders shall be drawn up with reference to the actual
        laying down the procedure and conditions for the                 quality of the lot to which they relate,
        sale of cereals held by intervention agencies (3), as
        last amended by Regulation (EC) No 39/1999 (4);              tenderers shall undertake to process the quantities of
        whereas Article 5(4) of that Regulation expressly                barley awarded to them in Portugal,
        provides for a derogation from the normal condi-             processing shall be carried out by 30 September 1999
        tions of resale of intervention stocks under certain             at the latest, except in cases of force majeure,
        circumstances; whereas these circumstances
        currently exist; whereas a standing invitation to            a security of a EUR 20 per tonne shall be lodged with
        tender should therefore be opened for 40 000                     the Portuguese intervention agency by successful
        tonnes of barley held in the region of Palencia and              tenderers to ensure compliance with the conditions
        Burgos for compulsory consumption in Portugal;                   laid down in the third and fourth indents. This
        whereas this invitation to tender should be subject              security shall be lodged at the latest within two
        to special price conditions;                                     working days of receipt of the statement of award of
                                                                         contract,
                                                                     INGA shall notify FEGA of the tenders which have
(4)     Whereas, as regards proof of processing in Portugal,             been accepted and for which payment has been made.
        Commission Regulation (EEC) No 3002/92 of 16
        October 1992 laying down common detailed rules
        for verifying the use and/or destination of products        3.     Notwithstanding Article 5(1) of Regulation (EEC)
                                                                    No 2131/93, the highest tender exceeding the minimum
                                                                    price of EUR 110 per tonne shall be accepted.
(1)  OJ L  181, 1.7.1992, p. 21.
(2)  OJ L  126, 24.5.1996, p. 37.
(3)  OJ L  191, 31.7.1993, p. 76.                                   (5) OJ L 301, 17.10.1992, p. 17.
( 4) OJ L  5, 9.1.1999, p. 64.                                      (6) OJ L 104, 27.4.1996, p. 13.
 ---pagebreak--- L 117/8              EN                  Official Journal of the European Communities                                  5. 5. 1999
                           Article 2                                2.    The final date for the submission of tenders in
                                                                    response to the final partial invitation to tender shall be
1.    Securities as referred to in the fifth indent of Article      27 May 1999.
1(2) shall be released where they cover quantities in
respect of which the tenderers provide proof:
                                                                    3.    Tenders must be submitted to the Portuguese inter-
 of processing in Portugal by 30 September 1999 at the             vention agency:
    latest except in cases of force majeure,
    or                                                              Instituto Nacional de Intervenção de Garantia Agrícola
 that the product is no longer fit for human or animal             Rua Fernando Curado Ribeiro 4G
    consumption.                                                    P-1600 Lisboa
                                                                    Tel. (351-1) 751 85 00
2.    Proof that the cereals covered by this Regulation             Fax (351-1) 751 86 00.
have been processed shall be furnished before 1 January
2000 in accordance with Regulation (EEC) No 3002/92.
However, processing shall be deemed to have taken place
                                                                                              Article 4
once the barley has been delivered to a store in Portugal.
3.    In addition to the endorsements provided for in               The quantities of barley awarded shall be made available
Regulation (EEC) No 3002/92, box 104 of the T 5 control             to successful tenderers by FEGA as soon as it receives the
copy must bear one or more of the following:                        notification referred to in the sixth indent of Article 1(2).
 Destinados a la transformación [Reglamento (CE)
    no 935/1999]
 Til forarbejdning (forordning (EF) nr. 935/1999)                                            Article 5
 Zur Verarbeitung bestimmt (Verordnung (EG)
    Nr. 935/1999)                                                   The Portuguese intervention agency shall transfer the
 Προορζονται για µεταποηση [Κανονισµr (ΕΚ) αριθ.                amounts received for the tenders awarded under this
    935/1999]                                                       Regulation to the Spanish intervention agency within 10
 For processing (Regulation (EC) No 935/1999)                      days of receipt of those amounts.
 Destinées à la transformation [règlement (CE) no 935/
    1999]
 Destinate alla trasformazione [regolamento (CE) n.                                          Article 6
    935/1999]
 Bestemd om te worden verwerkt (Verordening (EG)                   The Portuguese intervention agency shall inform the
    nr. 935/1999)                                                   Commission, by the Tuesday of the week following the
                                                                    final date for the submission of tenders at the latest, of the
 Para transformação [Regulamento (CE) n.o 935/1999]
                                                                    average prices of the various lots and the quantities sold.
 Tarkoitettu jalostukseen [Asetus (EY) N:o 935/1999]
 För bearbetning (förordning (EG) nr 935/1999).
                                                                                              Article 7
                           Article 3
1.    The final date for the submission of tenders in               This Regulation shall enter into force on the third day
response to the first partial invitation to tender shall be 13      following its publication in the Official Journal of the
May 1999.                                                           European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 4 May 1999.
                                                                               For the Commission
                                                                                  Franz FISCHLER
                                                                           Member of the Commission