CELEX: 31997R2646
Language: en
Date: 1997-12-30 00:00:00
Title: COMMISSION REGULATION (EC) No 2646/97 of 30 December 1997 opening a standing invitation to tender for the export of barley held by the Finnish intervention agency

31 . 12. 97           ( ENl             Official Journal of the European Communities                                  L 356/41
                                        COMMISSION REGULATION (EC) No 2646/97
                                                      of 30 December 1997
                      opening a standing invitation to tender for the export of barley held by the
                                                   Finnish 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,                                                         23 791 tonnes of barley for export to third countries.
  Having regard to Council Regulation (EEC) No 1766/92               2.     The regions in which the 23 791 tonnes of barley
                                                                     are stored are set out in Annex I.
  of 30 June 1992 on the common organization of the
  market in cereals ('), as last amended by Commission
  Regulation (EC) No 923/96 (2), and in particular Article 5                                   Article 3
  thereof,
                                                                     1 . Notwithstanding the third paragraph of Article 16 of
  Whereas Commission Regulation (EEC) No 2131 /93 (3),               Regulation (EEC) No 2131 /93, the price to be paid for the
  as last amended by Regulation (EC) No 2193/96 (4), lays            export shall be that quoted in the tender.
  down the procedure and conditions for the disposal of
  cereals held by intervention agencies;                             2.     No export refund or tax or monthly increase shall
                                                                     be granted on exports carried out pursuant to this Regula­
                                                                     tion .
 Whereas a standing invitation to tender should be opened
 for the export of 23 791 tonnes of barley from 1992 and             3 . Article 8 (2) of Regulation (EEC) No 2131 /93 shall
  1993 crops held by the Finnish intervention agency;                not apply.
 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
 for a security lodgement scheme which ensures that aims
 are met while avoiding excessive costs for the operators;          issue within the meaning of Article 9 of Regulation (EEC)
                                                                    No 2131 /93 until the end of the fourth month thereafter.
 whereas derogations should accordingly be made to
 certain rules, in particular those laid down in Regulation         2.      Tenders submitted in response to this invitation to
 (EEC) No 2131 /93;                                                 tender may not be accompanied by export licence appli­
                                                                    cations submitted pursuant to Article 44 of Commission
 Whereas, where removal of the barley is delayed by more            Regulation (EEC) No 3719/88 (5).
 than five days or the release of one of the securities
 required is delayed for reasons imputable to the interven­
 tion agency the Member State concerned must pay                                               Article 5
 compensation;
                                                                     1.     Notwithstanding Article 7 ( 1 ) of Regulation (EEC)
                                                                    No 2131 /93 , the time limit for submission of tenders in
 Whereas the measures provided for in this Regulation are           respect of the first partial invitation to tender shall be 9
 in accordance with the opinion of the Management                   a.m . (Brussels time) on 8 January 1998.
 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 .
                                                                    (Brussels time) on 2 April 1998 .
                              Article 1                             4. Tenders shall be lodged with the Finnish interven­
                                                                    tion agency.
 Subject to the provisions of this Regulation the Finnish
 intervention agency issues a standing invitation to tender                                    Article 6
for the export of barley 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
(') OJ   L 181 , 1 . 7. 1992, p. 21 .                              by common agreement, either before or at the time of
0   OJ   L 126,  24. 5. 1996, p. 37.
0   OJ   L 191 , 31 . 7. 1993, p. 76.
(4  OJ   L 293,  16. 11 . 1996, p. 1 .                             (5) OJ L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak---    L 356/42            1~EN                Official Journal of the European Communities                                  31 . 12. 97
   removal from storage as the successful tenderer chooses,                    however, if he requests the intervention agency to
  take reference samples for counter-analysis at the rate of                   supply him with another lot of intervention barley
  at least one sample for every 500 tonnes and shall analyse                   of the quality laid down at no additional charge,
   the samples. The intervention agency may be represented                     the security shall not be released. The lot must be
  by a proxy, provided this is not the storer.                                 replaced within three days of the date of the
                                                                               successful    tenderer's  request. The successful
                                                                               tenderer shall notify the Commission immediately
  The analyses results shall be forwarded to the Commis­                       thereof in accordance with Annex II;
  sion in the event of a dispute .
  Reference samples for counter-analysis shall be taken and           (d) below the minimum characteristics laid down for
  analysed within seven working days of the date of the                    intervention, the successful tenderer may not remove
  successful tenderer's request or within three working days               the lot in question. He shall be discharged of all his
  if the samples are taken on removal from storage . Where                 obligations relating to the lot in question and the
  the final result of sample analyses indicates a quality:                 securities shall be released only once he has informed
                                                                           the Commission and the intervention agency forth­
                                                                           with in accordance with Annex II; however, he may
  (a) higher than that specified in the notice of invitation to            request the intervention agency to supply him with
       tender, the successful tenderer must accept the lot as              another lot of intervention barley of the quality laid
       established;                                                        down at no additional charge . In that case, the security
                                                                           shall not be released. The lot must be replaced within
                                                                           three days of the date of the successful tenderer's
  (b) higher than the minimum characteristics laid down                    request. The successful tenderer shall immediately
       for intervention but below the quality described in the             inform the Commission thereof in accordance with
       notice of invitation to tender, providing that the dif­             Annex II .
       ferences having regard to those criteria do not exceed
       the following limits:
                                                                     2. However, if the barley is removed before the results
      — two kilograms per hectolitre as regards specific             of the analyses are known, all risks shall be borne by the
           weight, which must not, however, be less than 60          successful tenderer from the time the lot is removed,
           kg/hi,                                                    without prejudice to any means of redress of which he
                                                                     may avail himself against the storer.
      — one percentage point as regards moisture content,
      — half a percentage point as regards impurities as             3 . If, as a result of successive replacements, the
           specified in points B.2 and B.4 of the Annex to           successful tenderer has not received a replacement lot of
           Commission Regulation (EEC) No 689/92 ('), and            the quality laid down within one month of the date of his
                                                                     request for a replacement, he shall be discharged of all his
      — half a percentage point as regards impurities as             obligations and the securities shall be released once he
           specified in point B.5 of the Annex to Regulation         has informed the         Commission    and the    intervention
           (EEC) No 689/92, the percentages admissible for           agency forthwith in accordance with Annex II.
           noxious grains and ergot, however, remaining
           unchanged,
                                                                     4. Except where the final results of analyses indicate a
                                                                     quality below the minimum characteristics laid down for
      the successful tenderer must accept the lot as estab­          intervention, the costs of taking the samples and con­
      lished;                                                        ducting the analyses provided for in paragraph 1 but not
                                                                     of inter-bin transfers shall be borne by the EAGGF in
 (c) higher than the minimum characteristics laid down               respect of up to one analysis per 500 tonnes. The costs of
      for intervention but below the quality described in the       inter-bin transfers and any additional analyses requested
      notice of invitation to tender, and a difference ex­          by the successful tenderer shall be borne by him .
      ceeding 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        By derogation from Article 12 of Regulation (EEC) No
           obligations relating to the lot in question and the      3002/92, the documents relating to the sale of barley in
          securities shall be released only once he has             accordance with this Regulation, and in particular the
          informed the Commission and the intervention              export licence, the removal order referred to in Article 3
          agency forthwith in accordance with Annex II;             ( 1 ) (b) of Regulation (EEC) No 3002/92, the export de­
                                                                    claration and, where necessary, the T5 copy shall carry the
(') OJ L 74, 20. 3. 1992, p. 18 .                                   entry:
 ---pagebreak--- 31 . 12. 97            EN             Official Journal of the European Communities                                  L 356/43
— Cebada de intervención sin aplicación de restitución             export licence is issued, with the balance of ECU 20 per
     ni gravamen, Reglamento (CE) n° 2646/97                       tonne being lodged before removal of the cereals.
— Byg fra intervention uden restitutionsydelse eller              Article 15 (2) of Commission Regulation (EEC) No
     -afgift, forordning (EF) nr. 2646/97                         3002/92 (') notwithstanding:
— Interventionsgerste ohne Anwendung von Ausfuhrer­               — the amount of ECU 30 per tonne must be released
     stattungen oder Ausfuhrabgaben, Verordnung (EG)                   within 20 working days of the date on which the
     Nr. 2646/97                                                       successful tenderer supplies proof that the barley
— Κριθή παρέμβασης χωρίς εφαρμογή επιστροφής η                         removed has left the customs territory of the Com­
     φόρου, κανονισμός ( ΕΚ) αριθ. 2646/97                             munity,
— Intervention barley without application of refund or            — the amount of ECU 20 per tonne must be released
     tax, Regulation (EC) No 2646/97                                   within 15 working days of the date on which the
                                                                       successful tenderer supplies the proof referred to in
— Orge d intervention ne donnant pas lieu à restitution
     ni taxe, règlement (CE) n0 2646/97                                Article 17 (3) of Regulation (EEC) No 2131 /93 .
— Orzo d intervento senza applicazione di restituzione            3 . Except in duly substantiated exceptional cases, in
     né di tassa, regolamento (CE) n . 2646/97                    particular the opening of an administrative enquiry, any
                                                                  release of the securities provided for in this Article after
— Gerst uit interventie, zonder toepassing van restitutie         the time limits specified in this same Article shall confer
     of belasting, Verordening (EG) nr. 2646/97                   an entitlement to compensation from the Member State
— Cevada de intervenção sem aplicação de uma restitui­            amounting to ECU 0,015 per 10 tonnes for each day's
     ção ou imposição, Regulamento (CE) n ? 2646/97               delay.
— Interventio-ohraa, johon ei sovelleta vientitukea eikä          This compensation shall not be charged to the European
    vientimaksua, asetus (EY) N:o 2646/97                         Agricultural Guidance and Guarantee Fund (EAGGF).
— Interventionskorn, utan tillämpning av bidrag eller
     avgift, förordning (EG) nr 2646/97.                                                     Article 9
                                                                  Within two hours of the expiry of the time limit for the
                            Article 8
                                                                  submission of tenders, the Finnish intervention agency
                                                                  shall notify the Commission of tenders received . Such
                                                                  notification shall be made using the model set out in
1 . The security lodgement pursuant to Article 13 (4) of          Annex III and the telex or fax numbers set out in Annex
Regulation (EEC) No 2131 /93 must be released once the            IV.
export licences have been issued to the successful
tenderers .
                                                                                             Article 10
2. The obligation to export to the third countries shall          This Regulation shall enter into force on the day of its
be covered by a security amounting to ECU 50 per tonne            publication in the Official Journal of the European
of which ECU 30 per tonne shall be lodged when the                 Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 30 December 1997.
                                                                             For the Commission
                                                                           Hans VAN DEN BROEK
                                                                        Member of the Commission
                                                                  (') OJ L 301 , 17. 10 . 1992, p. 17.
 ---pagebreak--- L 356/44    EN                 Official Journal of the European Communities                                   31 . 12. 97
                                                        ANNEX I
                                                                                         (tonnes)
                                         Place of storage                     Quantity
                          Helsinki                                              7 237
                         Koria                                                  5 882
                         Vainikkala                                            10 672
                                                       ANNEX II
          Communication of refusal of lots under the standing invitation to tender for the export of
                               barley held by the Finnish intervention agency
                                   (Article 6 ( 1 ) of Regulation (EC) No 2646/96)
          — Name of successful tenderer:
          — 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
         I                                              — % miscellaneous impurities (Schwarzbesatz)
         l                                              — % of matter which is not basic cereal of unimpaired
                                                          quality
                                                        — Other
 ---pagebreak--- 31 . 12. 97      EN                    Official Journal of the European Communities                                         L 356/45
                                                              ANNEX III
             Standing invitation to tender for the export of barley held by the Finnish intervention
                                                                 agency
                                                     (Regulation (EC) No 2646/97)
                     1              2                 3              4                 5            6                7
                                                                              Price increases
                                                                                   ( + ) or    Commercial
                 Tender        Consignment        Quantity      Offer price      reductions
                    No             No             (tonnes)
                                                               (ECU/tonne)           (-)
                                                                                                  costs         Destination
                                                                    C)
                                                                               ( ECU/tonne)   ( ECU/tonne)
                                                                                     p.m .
                     1
                    2
                    3
                   etc.
            (') 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 1 5 .