CELEX: 32000R1451
Language: en
Date: 2000-07-03 00:00:00
Title: Commission Regulation (EC) No 1451/2000 of 3 July 2000 on the issuing of a standing invitation to tender for the sale of common wheat of breadmaking quality held by the French intervention agency for export to certain ACP countries

L 163/20               EN                      Official Journal of the European Communities                                       4.7.2000
                                          COMMISSION REGULATION (EC) No 1451/2000
                                                              of 3 July 2000
               on the issuing of a standing invitation to tender for the sale of common wheat of breadmaking
                      quality held by the French intervention agency for export to certain ACP countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                       agency the Member State concerned will have to pay
                                                                                  compensation.
Having regard to the Treaty establishing the European
Community,                                                                (6)     The measures provided for in this Regulation are in
                                                                                  accordance with the opinion of the Management
                                                                                  Committee for Cereals,
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
1253/1999 (2),
                                                                          HAS ADOPTED THIS REGULATION:
Whereas:
                                                                                                       Article 1
(1)     Commission Regulation (EEC) No 2131/93 (3), as last
        amended by Regulation (EC) No 39/1999 (4), lays down
                                                                          1.    A standing invitation to tender is hereby issued for the
        the procedure and conditions for the disposal of cereals
                                                                          export of 100 000 tonnes of common wheat of breadmaking
        held by intervention agencies.
                                                                          quality, held by the French intervention agency.
(2)     With a view to supplying the markets of the ACP coun-             2.    The common wheat must be exported to an ACP State or
        tries, favoured partners of the Community, significant            to several States within one of the groups of ACP States listed
        quantities of common wheat are required; whereas these            in Annex I.
        markets are usually supplied on the basis of regular
        contracts to ensure stable prices for the ACP countries           3.    The regions in which the 100 000 tonnes of French
        over a certain period. It is therefore necessary to issue a       common wheat of breadmaking quality are stored are listed in
        specific invitation to tender to ensure that users in these       Annex II.
        countries have access to common wheat of breadmaking
        quality under conditions appropriate to the highly                4.    The intervention agency concerned shall prepare a notice
        competitive situation on the world market.                        of invitation to tender indicating for each lot or, where appro-
                                                                          priate, each part lot:
(3)     The specific nature of the operation and the accounting
        position of the common wheat in question require                  — the location,
        greater flexibility in the mechanisms and obligations             — and at least the following features:
        governing the resale of intervention stocks and also
                                                                              —    specific weight,
        require exclusion of any refund, tax or monthly increase.
        Special procedures must be laid down to ensure that the               —    moisture content,
        operations and their monitoring are properly effected.                —    Hagberg falling number,
        To that end provision should be made for a security
        lodgment scheme which ensures that the aims are met                   —    impurity contents and sprouted grains,
        while avoiding excessive costs for the operators. Deroga-             —    protein content.
        tions should accordingly be made to certain rules, in
        particular those laid down in Regulation (EEC) No 2131/           5.    It shall publish the notice of invitation to tender at least
        93.                                                               two days before the date set for the first partial invitation to
                                                                          tender.
(4)     In addition to the conditions laid down in Article 30 of
        Commission Regulation (EEC) No 3719/88 (5), as last
        amended by Regulation (EC) No 1127/1999 (6), provi-                                            Article 2
        sion should be made for the release for consumption in
        the ACP State(s) laid down in the Regulation.                     Subject to the provisions of this Regulation, the sales of
                                                                          common wheat of breadmaking quality referred to in Article 1
(5)     Where removal of the wheat is delayed by more than                shall take place in accordance with the procedure and condi-
        five days, or the release of one of the securities required       tions laid down by Regulation (EEC) No 2131/93.
        is delayed, for reasons imputable to the intervention
(1) OJ L  181, 1.7.1992, p. 21.                                                                        Article 3
(2) OJ L  160, 26.6.1999, p. 18.
(3) OJ L  191, 31.7.1993, p. 76.                                          1.    The time limit for submitting tenders for the first partial
(4) OJ L  5, 9.1.1999, p. 64.
(5) OJ L  331, 2.12.1988, p. 1.                                           invitation to tender shall be 9 a.m. (Brussels time) on Thursday
(6) OJ L  135, 29.5.1999, p. 48.                                          6 July 2000.
 ---pagebreak--- 4.7.2000              EN                     Official Journal of the European Communities                                       L 163/21
2.     The time limit for submitting tenders for the following          the samples. The intervention agency may be represented by a
partial invitation to tender shall be 9 a.m. (Brussels time) each       proxy, provided this is not the storer.
Thursday.
The time limit for the partial invitation to tender shall be 9          The Commission must be informed of the findings of the
a.m. (Brussels time) on 28 September 2000.                              analyses in the event of a dispute.
3.     Tenders must be submitted to the French intervention
agency.                                                                 Reference samples shall be taken and analysed within seven
                                                                        working days of the date of the successful tenderer's request or
                             Article 4                                  within three working days if the samples were taken on
                                                                        removal from storage. If the final result of the sample analyses
1.     Tenders shall only be admissible if:                             indicates a quality:
— the tenderer provides written proof from an official body in
    the ACP country of destination or a company having its               (a) greater than that specified in the notice of invitation to
    overseas subsidiary in the said country, that he has                     tender, the successful tenderer must accept the lot as estab-
    concluded for the quantity in question a commercial supply               lished;
    contract for common wheat for export to an ACP State or
    to several States within one of the groups of ACP States            (b) greater than the minimum characteristics required for inter-
    listed in Annex I. Such proof shall be lodged with the                   vention but below the quality described in the notice of
    competent authorities at least two working days before the               invitation to tender, with the difference remaining within a
    date of the partial invitation to tender against which the               limit of up to:
    tender is to be submitted,
— they are accompanied by an application for an export                       — 2 kg/hl for the specific weight, which must not,
    licence for the destination in question.                                     however, be less than 72 kg/hl,
The proof provided for in the first indent shall also indicate the           — one percentage point for the moisture content,
quality provided for in the contract, the time limit for delivery            — 20 points for the Hagberg falling index,
and the price terms.
                                                                             — one percentage point for the protein content,
The Member State shall send the Commission a copy of the
said proof forthwith, for information.                                       — half a percentage point for the impurities referred to in
                                                                                 B.2 and B.4 of the Annex I to Regulation (EC) No
2.     Tenders may not exceed the quantity laid down in the                      824/2000 (1),
commercial contract submitted.
                                                                                 and
                                                                             — half a percentage point for the impurities referred to in
                             Article 5
                                                                                 point B.5 of the Annex I to Regulation (EC) No 824/
1.     No export refund or export tax or monthly increase shall                  2000 the percentages admissible for noxious grains and
be applied for exports carried out pursuant to this Regulation.                  ergot, however, remaining unchanged,
2.     Export licences shall be valid from their date of issue              the successful tenderer must accept the lot as established;
within the meaning of Article 9 of Regulation (EEC) No 2131/
93 until the end of the fourth month following.
                                                                         (c) greater than the minimum characteristics required for inter-
3.     The licence obliges the operator to export to the ACP                 vention but below the quality described in the notice of
State or States for which the licence application was submitted.             invitation to tender with the difference surpassing the limit
However, up to a limit of 30 % of the quantity for which the                 referred to in point (b), the successful tenderer may:
licence was issued. The operator may effect his contract at
another destination on condition that it belongs to the same                 — either accept the lot as established,
group of countries listed in Annex I.                                        — or refuse to take over the lot in question. The successful
                                                                                 tenderer shall be released from all his obligations
4.     The export licences shall be issued as soon as the                        relating to the lot in question, including the securities,
successful tenderers have been selected.                                         only once he has informed the Commission and the
                                                                                 intervention agency forthwith, in accordance with
5.     Article 9 of Regulation (EEC) No 3719/88 notwith-
                                                                                 Annex V; however, if he requests the intervention
standing, the rights deriving from the licence referred to in this
                                                                                 agency to supply him with another lot of intervention
Article shall not be transferable.
                                                                                 breadmaking wheat of the quality laid down, and that
                                                                                 without additional charges, the security shall not be
                             Article 6                                           released. The lot must be replaced within a maximum
                                                                                 of three days from the date of the successful tenderer's
1.     The intervention agency, the storer and the successful                    request. The successful tenderer shall immediately
tenderer, if he so wishes, shall, by common agreement, either                    inform the Commission thereof in accordance with
before or at the moment of removal from storage, as the                          Annex V;
successful tenderer chooses, take reference samples at the rate
of at least one sample for every 500 tonnes, and shall analyse          (1) OJ L 100, 20.4.2000, p. 31.
 ---pagebreak--- L 163/22              EN                      Official Journal of the European Communities                                        4.7.2000
(d) below the minimum characteristics required for interven-             per tonne shall be lodged upon issue of the export licence, with
    tion, the successful tenderer may not remove the lot in              the balance of EUR 35 being lodged before removal of the
    question. He shall be released from all his obligations              cereals.
    relating to the lot in question, including the securities, only
    once he has informed the Commission and the intervention
                                                                         Article 15(2) of Commission Regulation (EEC) No 3002/92 (1)
    agency forthwith, in accordance with Annex V; however,
                                                                         notwithstanding:
    he may request the intervention agency to supply him with
    another lot of intervention breadmaking wheat of the                 — the amount of EUR 15 per tonne must be released within
    quality laid down, without additional charges. In this case,             20 working days of the date on which the successful
    the security shall not be released. The lot must be replaced             tenderer supplies proof that the wheat removed has left the
    within a maximum of three days from the date of the                      customs territory of the Community,
    successful tenderer's request. The successful tenderer shall
    immediately inform the Commission thereof in accordance              — the amount of EUR 35 per tonne must be released within
    with Annex V.                                                            15 working days of the date on which the successful
                                                                             tenderer supplies proof of entry for consumption into the
                                                                             ACP State or States referred to in Article 5(3). This proof
                                                                             shall be supplied in accordance with Articles 16 and 49 of
2.    However, if the breadmaking wheat is removed before
                                                                             Commission Regulation (EC) No 800/1999 (2).
the results of the analyses are known, all risks shall be borne by
the successful tenderer from the time of removal of the lot,
without prejudice to the forms of recourse the successful                3.     Except in duly substantiated exceptional cases, in partic-
tenderer may have against the storer.                                    ular the opening of an administrative enquiry, any release of
                                                                         the securities provided for in this Article after the limits speci-
                                                                         fied in this same Article shall confer an entitlement to
3.    If, after successive replacements, the successful tenderer         compensation from the Member State amounting to
has not received a replacement lot of the quality laid down              EUR 0,015/10 tonnes for each day's delay.
within one month of the date of his request for replacement,
he shall be released from all his obligations, including the             This compensation shall not be charged to the EAGGF.
securities once he has informed the Commission and the inter-
vention agency forthwith in accordance with Annex V.
                                                                                                       Article 9
4.    The costs of the taking of samples and the analyses
referred to in paragraph 1, except those where the final result
of the analyses produces a quality inferior to the minimum               Article 12 of Regulation (EEC) No 3002/92 notwithstanding,
characteristics required for intervention, shall be borne by the         the documents relating to the sale of common wheat in accord-
EAGGF up to a maximum of one analysis per 500 tonnes with                ance with this Regulation and in particular the export licence,
the exception of the transsilage costs.                                  the removal order referred to in Article 3(1)(b) of Regulation
                                                                         (EEC) No 3002/92, the export declaration and, where appro-
                                                                         priate, the T5 control copy must bear the words:
The cost of transsilage and of any additional analyses requested         — Trigo blando panificable de intervención sin aplicación de
by the successful tenderer shall be borne by him.                            restitución ni gravamen, destinado a (nombre del Estado o
                                                                             de los Estados ACP), Reglamento (CE) no 1451/2000
                                                                         — Bageegnet blød hvede fra intervention uden restitutionsy-
                                                                             delse eller -afgift bestemt for (navnet på det eller de pågæl-
                                                                             dende AVS-lande), forordning (EF) nr. 1451/2000
                             Article 7
                                                                         — Interventions-Brotweichweizen ohne Anwendung von
                                                                             Ausfuhrerstattungen oder Ausfuhrabgaben, Bestimmung
The successful tenderer shall pay for the common wheat before                (Name des AKP-Staates oder der AKP-Staaten), Verordnung
removing it at the price indicated in the tender. The payment                (EG) Nr. 1451/2000
due for each of the lots to be removed shall be indivisible.             — Μαλακός αρτοποιήσιµος σίτος παρέµβασης, χωρίς εφαρµογή
                                                                             επιστροφής ή φόρου προοριζόµενος για (όνοµα της χώρας ΑΚΕ
                                                                             ή των χωρών ΑΚΕ), κανονισµός (ΕΚ) αριθ. 1451/2000
                                                                         — Intervention common wheat of breadmaking quality
                                                                             without application of refund or tax, bound for (name of
                             Article 8                                       the ACP State or States), Regulation (EC) No 1451/2000
                                                                         — Blé tendre d'intervention panifiable ne donnant pas lieu à
1.    The security lodged pursuant to Article 13(4) of Regula-               restitution ni à taxe, destiné à (nom de l'État ACP ou des
tion (EEC) No 2131/93 must be released once the export                       États ACP), règlement (CE) no 1451/2000
licences have been issued to the successful tenderers.                   — Frumento tenero d'intervento panificabile senza applica-
                                                                             zione di restituzione o di tassa, destinato al (nome del paese
                                                                             o dei paesi ACP), regolamento (CE) n. 1451/2000
2.    The obligation to export and import into one of the
countries of destination listed in Annex I shall be covered by a         (1) OJ L 301, 17.10.1992, p. 17.
security amounting to EUR 50 per tonne of which EUR 15                   (2) OJ L 102, 17.4.1999, p. 11.
 ---pagebreak--- 4.7.2000              EN                     Official Journal of the European Communities                                             L 163/23
— Zachte tarwe van bakkwaliteit uit interventie, zonder                                                         Article 10
    toepassing van restitutie of belasting, bestemd voor (naam
    van de ACS-Staat of de ACS-Staten), Verordening (EG) nr.                   1.    The French intervention agency shall inform the Commis-
    1451/2000                                                                  sion of the tenders received within three hours of the expiry of
                                                                               the time limit for submitting tenders. The information must be
— Trigo mole panificável de intervenção sem aplicação de                       sent in the form laid down in Annex III to one of the telex or
    uma restituição, ou imposição destinado a (nome do Estado                  fax numbers listed in Annex IV.
    ou dos Estados ACP), Regulamento (CE) n.o 1451/2000
                                                                               2.    It shall inform the Commission on a monthly basis of the
— Interventioleipävehnää, jolle ei makseta vientitukea eikä                    quantities of common wheat removed pursuant to this Regula-
    vientimaksua ja jonka määräpaikka on (AKT-maan nimi tai                    tion.
    AKT-maiden nimet), asetus (EY) N:o 1451/2000
                                                                                                                Article 11
— Interventionsvete av brödkvalitet, ej utan bidrag eller avgift
    avsett för (AVS-statens eller AVS-staternas namn),                         This Regulation shall enter into force on the day of its publica-
    förordning (EG) nr 1451/2000.                                              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, 3 July 2000.
                                                                                            For the Commission
                                                                                               Franz FISCHLER
                                                                                        Member of the Commission
                                                                    ANNEX I
                                       Groups of ACP States signatories to the Lomé Convention
                             Group I                                  Group II                                      Group III
             Mauritania                             Chad                                         Seychelles
             Mali                                   Central African Republic                     Comoros
             Niger                                  Benin                                        Madagascar
             Senegal                                Cameroon                                     Mauritius
             Gambia                                 Equatorial Guinea                            Angola
             Guinea-Bissau                          São Tomé and Príncipe                        Zambia
             Guinea                                 Gabon                                        Malawi
             Cape Verde                             Congo                                        Mozambique
             Sierra Leone                           Democratic Republic of Congo                 Namibia
             Liberia                                Rwanda                                       Botswana
             Côte d'Ivoire                          Burundi                                      Zimbabwe
             Ghana                                  Burkina Faso                                 Lesotho
             Togo                                                                                Swaziland
                                                                                                 Djibouti
                                                                                                 Ethiopia
                                                                                                 Eritrea
                                                                   ANNEX II
                                                                                                           (tonnes)
                                                    Region of storage                           Quantities
                                     Amiens                                                     27 000
                                     Châlons                                                    11 000
                                     Orléans                                                    28 000
                                     Paris                                                      10 000
                                     Rouen                                                      24 000
 ---pagebreak--- L 163/24                   EN                           Official Journal of the European Communities                                              4.7.2000
                                                                                ANNEX III
                  Standing invitation to tender for the export of 100 000 tonnes of common wheat of breadmaking quality held
                                                                by the French intervention agency
                                                                   (Regulation (EC) No 1451/2000)
            1                        2                       3                        4                     5                       6           7
                                                                                                      Increases (+)
       Registration                                                              Offer price                                   Commercial
                                    Lot                  Quantity                                    Reductions (–)
        number of                                                               (EUR/tonne)                                       costs    Destination
                                  number                in tonnes                                      (EUR/tonne)
       the tenderer                                                                  (1)                                       (EUR/tonne)
                                                                                                           p.m.
            1
            2
            3
           etc.
(1) This price includes, the increases and reductions relating to the lot for which the tender is submitted.
                                                                                ANNEX IV
                  The only telex and fax numbers in Brussels to be used are: DG AGRI/C/1:
                  — telex:                   22037 AGREC B,
                                             22070 AGREC B (Greek characters),
                  — fax:                     02 296 49 56,
                                             02 295 25 15.
                                                                                ANNEX V
                  Communication of refusal of lots under the standing invitation to tender for the export of 100 000 tonnes of
                                         breadmaking common wheat held by the French intervention agency
                                                           (Article 6 of Regulation (EC) No 1451/2000)
                  — 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/hl)
                                                                                             — % sprouted grains
                                                                                             — % miscellaneous impurities (Schwarzbesatz)
                                                                                             — % of matter which is not wheat of unimpaired
                                                                                               quality
                                                                                             — Other