CELEX: 31998R1666
Language: en
Date: 1998-07-28 00:00:00
Title: Commission Regulation (EC) No 1666/98 of 28 July 1998 opening a standing invitation to tender for the export of barley held by the Austrian intervention agency

L 211/12            ¬ EN ¬             Official Journal of the European Communities                                 29. 7. 98
                                    COMMISSION REGULATION (EC) No 1666/98
                                                       of 28 July 1998
                  opening a standing invitation to tender for the export of barley held by the
                                               Austrian intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      for the export of barley held by it in accordance with
                                                                 Regulation (EEC) No 2131/93.
Having regard to the Treaty establishing the European
Community,
Having regard to Council Regulation (EEC) No 1766/92                                       Article 2
of 30 June 1992 on the common organization of the
market in cereals (1), as last amended by Commission             1. The invitation to tender shall cover a maximum of
Regulation (EC) No 923/96 (2), and in particular Article 5       100 750 tonnes of barley for export to third countries.
thereof,
Whereas Commission Regulation (EEC) No 2131/93 (3),              2. The regions in which the 100 750 tonnes of barley
as last amended by Regulation (EC) No 2193/96 (4), lays          are stored are set out in Annex I.
down the procedure and conditions for the disposal of
cereals held by intervention agencies;
                                                                                           Article 3
Whereas a standing invitation to tender should be opened
for the export of 100 750 tonnes of barley held by the
Austrian intervention agency;                                    1. Notwithstanding the third paragraph of Article 16 of
                                                                 Regulation (EEC) No 2131/93, the price to be paid for the
Whereas special procedures must be laid down to ensure           export shall be that quoted in the tender.
that the operations and their monitoring are properly
effected; whereas, to that end, provision should be made         2. No export refund or tax or monthly increase shall
for a security lodgement scheme which ensures that aims          be granted on exports carried out pursuant to this Regula-
are met while avoiding excessive costs for the operators;        tion.
whereas derogations should accordingly be made to
certain rules, in particular those laid down in Regulation
                                                                 3. Article 8(2) of Regulation (EEC) No 2131/93 shall
(EEC) No 2131/93;
                                                                 not apply.
Whereas, where removal of the barley is delayed by more
than five days or the release of one of the securities           4. In application of Article 7(2a) of Regulation (EEC)
required is delayed for reasons imputable to the interven-       No 2131/93, the successful tenderer shall be reimbursed
tion agency the Member State concerned must pay                  for the lowest transport costs between the place of storage
compensation;                                                    and the actual place of exit.
Whereas Article 7(2a) of Regulation (EEC) No 2131/93
provides for the possibility of reimbursing the successful
tenderer for the lowest transport costs between the place                                  Article 4
of storage and the actual place of exit; whereas, in view of
Austria’s geographical position, that provision should be        1. The export licences shall be valid from their date of
applied;                                                         issue within the meaning of Article 9 of Regulation (EEC)
                                                                 No 2131/93 until the end of the fourth month thereafter.
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                 2. Tenders submitted in response to this invitation to
Committee for Cereals,                                           tender may not be accompanied by export licence ap-
                                                                 plications submitted pursuant to Article 44 of Commis-
                                                                 sion Regulation (EEC) No 3719/88 (5).
HAS ADOPTED THIS REGULATION:
                           Article 1                                                       Article 5
Subject to the provisions of this Regulation the Austrian        1. Notwithstanding Article 7(1) of Regulation (EEC)
intervention agency issues a standing invitation to tender       No 2131/93, the time limit for submission of tenders in
                                                                 respect of the first partial invitation to tender shall be 9
(1) OJ L  181, 1. 7. 1992, p. 21.                                a.m. (Brussels time) on 30 July 1998.
(2) OJ L  126, 24. 5. 1996, p. 37.
(3) 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--- 29. 7. 98           ¬ EN ¬             Official Journal of the European Communities                                L 211/13
2. The time limit for submission of tenders in respect           (c) higher than the minimum characteristics laid down
of subsequent partial invitations to tender shall be 9 a.m.          for intervention but below the quality described in the
(Brussels time) each Thursday thereafter.                            notice of invitation to tender, and a difference ex-
                                                                     ceeding the limits set out in point (b), the successful
3. The last partial invitation to tender shall be 9 a.m.             tenderer may:
(Brussels time) on 27 May 1999.
                                                                     — accept the lot as established, or
4. Tenders shall be lodged with the Austrian interven-
tion agency.                                                         — refuse to take over the lot in question. The
                                                                         successful tenderer shall be discharged of all his
                                                                         obligations relating to the lot in question and the
                                                                         securities shall be released only once he has
                          Article 6                                      informed the Commission and the intervention
                                                                         agency forthwith in accordance with Annex II;
1. The intervention agency, the storer and the                           however, if he requests the intervention agency to
successful tenderer shall, at the request of the latter and              supply him with another lot of intervention barley
by common agreement, either before or at the time of                     of the quality laid down at no additional charge,
removal from storage as the successful tenderer chooses,                 the security shall not be released. The lot must be
take reference samples for counter-analysis at the rate of               replaced within three days of the date of the
at least one sample for every 500 tonnes and shall analyse               successful tenderer’s request. The successful
the samples. The intervention agency may be represented                  tenderer shall notify the Commission immediately
by a proxy, provided this is not the storer.                             thereof in accordance with Annex II;
The analyses results shall be forwarded to the Commis-           (d) below the minimum characteristics laid down for
sion in the event of a dispute.                                      intervention, the successful tenderer may not remove
                                                                     the lot in question. He shall be discharged of all his
Reference samples for counter-analysis shall be taken and            obligations relating to the lot in question and the
analysed within seven working days of the date of the                securities shall be released only once he has informed
successful tenderer’s request or within three working days           the Commission and the intervention agency forth-
if the samples are taken on removal from storage. Where              with in accordance with Annex II; however, he may
the final result of sample analyses indicates a quality:             request the intervention agency to supply him with
                                                                     another lot of intervention barley of the quality laid
                                                                     down at no additional charge. In that case, the security
(a) higher than that specified in the notice of invitation to        shall not be released. The lot must be replaced within
     tender, the successful tenderer must accept the lot as          three days of the date of the successful tenderer’s
     established;                                                    request. The successful tenderer shall immediately
                                                                     inform the Commission thereof in accordance with
(b) higher than the minimum characteristics laid down                Annex II.
     for intervention but below the quality described in the
     notice of invitation to tender, providing that the dif-
     ferences having regard to those criteria do not exceed      2. However, if the barley is removed before the results
     the following limits:                                       of the analyses are known, all risks shall be borne by the
                                                                 successful tenderer from the time the lot is removed,
     — two kilograms per hectolitre as regards specific          without prejudice to any means of redress of which he
         weight, which must not, however, be less than 60        may avail himself against the storer.
         kg/hl,
     — one percentage point as regards moisture content,         3. If, as a result of successive replacements, the
                                                                 successful tenderer has not received a replacement lot of
     — half a percentage point as regards impurities as          the quality laid down within one month of the date of his
         specified in points B.2 and B.4 of the Annex to         request for a replacement, he shall be discharged of all his
         Commission Regulation (EEC) No 689/92 (1), and          obligations and the securities shall be released once he
                                                                 has informed the Commission and the intervention
     — half a percentage point as regards impurities as          agency forthwith in accordance with Annex II.
         specified in point B.5 of the Annex to Regulation
         (EEC) No 689/92, the percentages admissible for
         noxious grains and ergot, however, remaining            4. Except where the final results of analyses indicate a
         unchanged,                                              quality below the minimum characteristics laid down for
                                                                 intervention, the costs of taking the samples and con-
                                                                 ducting the analyses provided for in paragraph 1 but not
     the successful tenderer must accept the lot as estab-       of inter-bin transfers shall be borne by the EAGGF in
     lished;                                                     respect of up to one analysis per 500 tonnes. The costs of
                                                                 inter-bin transfers and any additional analyses requested
(1) OJ L 74, 20. 3. 1992, p. 18.                                 by the successful tenderer shall be borne by him.
 ---pagebreak--- L 211/14               ¬ EN ¬             Official Journal of the European Communities                               29. 7. 98
                              Article 7                             2. The obligation to export to the third countries shall
                                                                    be covered by a security amounting to ECU 50 per tonne
By derogation from Article 12 of Commission Regulation              of which ECU 30 per tonne shall be lodged when the
(EEC) No 3002/92 (1), the documents relating to the sale            export licence is issued, with the balance of ECU 20 per
of barley in accordance with this Regulation, and in par-           tonne being lodged before removal of the cereals.
ticular the export licence, the removal order referred to in
Article 3(1)(b) of Regulation (EEC) No 3002/92, the                 Article 15(2) of Regulation (EEC) No 3002/92 notwith-
export declaration and, where necessary, the T5 copy shall          standing:
carry the entry:                                                    — the amount of ECU 30 per tonne must be released
— Cebada de intervención sin aplicación de restitución                  within 20 working days of the date on which the
     ni gravamen, Reglamento (CE) no 1666/98                            successful tenderer supplies proof that the barley
                                                                        removed has left the customs territory of the Com-
— Byg fra intervention uden restitutionsydelse eller                    munity,
     -afgift, forordning (EF) nr. 1666/98
— Interventionsgerste ohne Anwendung von Ausfuhrer-                 — the amount of ECU 20 per tonne must be released
     stattungen oder Ausfuhrabgaben, Verordnung (EG)                    within 15 working days of the date on which the
     Nr. 1666/98                                                        successful tenderer supplies the proof referred to in
                                                                        Article 17(3) of Regulation (EEC) No 2131/93.
— ΚριθηÄ παρεµβασηrÄ           χωρÄιr εφαρµογηÄ επιστροφηr Ä ηÄ
     φορου,
        Ä      κανονισµοr    Ä (ΕΚ) αριθ. 1666/98                   3. Except in duly substantiated exceptional cases, in
— Intervention barley without application of refund or              particular the opening of an administrative enquiry, any
     tax, Regulation (EC) No 1666/98                                release of the securities provided for in this Article after
                                                                    the time limits specified in this same Article shall confer
— Orge d’intervention ne donnant pas lieu à restitution             an entitlement to compensation from the Member State
     ni taxe, règlement (CE) no 1666/98                             amounting to ECU 0,015 per 10 tonnes for each day’s
— Orzo d’intervento senza applicazione di restituzione              delay.
     né di tassa, regolamento (CE) n. 1666/98
                                                                    This compensation shall not be charged to the European
— Gerst uit interventie, zonder toepassing van restitutie
                                                                    Agricultural Guidance and Guarantee Fund (EAGGF).
     of belasting, Verordening (EG) nr. 1666/98
— Cevada de intervenção sem aplicação de uma restitui-                                      Article 9
     ção ou imposição, Regulamento (CE) në 1666/98
— Interventio-ohraa, johon ei sovelleta vientitukea eikä            Within two hours of the expiry of the time limit for the
     vientimaksua, asetus (EY) N:o 1666/98                          submission of tenders, the Austrian intervention agency
                                                                    shall notify the Commission of tenders received. Such
— Interventionskorn, utan tillämpning av bidrag eller
                                                                    notification shall be made using the model set out in
     avgift, förordning (EG) nr 1666/98.
                                                                    Annex III and the telex or fax numbers set out in Annex
                                                                    IV.
                              Article 8
                                                                                             Article 10
1. The security lodgement pursuant to Article 13(4) of
Regulation (EEC) No 2131/93 must be released once the               This Regulation shall enter into force on the day of its
export licences have been issued to the successful                  publication in the Official Journal of the European
tenderers.                                                          Communities.
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States.
                     Done at Brussels, 28 July 1998.
                                                                              For the Commission
                                                                                Franz FISCHLER
                                                                         Member of the Commission
(1) OJ L 301, 17. 10. 1992, p. 17.
 ---pagebreak--- 29. 7. 98  ¬ EN ¬              Official Journal of the European Communities                                  L 211/15
                                                       ANNEX I
                                                                                      (tonnes)
                                        Place of storage                    Quantity
                          Niederösterreich/nördl. Burgenland                71 997
                          Steiermark/südl. Burgenland                         8 540
                          Oberösterreich                                    20 213
                                                      ANNEX II
          Communication of refusal of lots under the standing invitation to tender for the export of
                               barley held by the Austrian intervention agency
                                   (Article 6(1) of Regulation (EC) No 1666/98)
          — 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 basic cereal of unimpaired
                                                         quality
                                                       — Other
 ---pagebreak--- L 211/16    ¬ EN ¬                 Official Journal of the European Communities                                          29. 7. 98
                                                          ANNEX III
         Standing invitation to tender for the export of barley held by the Austrian intervention
                                                              agency
                                                 (Regulation (EC) No 1666/98)
                 1               2                3               4               5              6                7
                                                                           Price increases
                                                             Offer price       (+) or      Commercial
              Tender       Consignment        Quantity                       reductions        costs         Destination
                No              No            (tonnes)      (ECU/tonne)          (–)
                                                                 (1)        (ECU/tonne)    (ECU/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).