CELEX: 31996R0606
Language: en
Date: 1996-04-03 00:00:00
Title: COMMISSION REGULATION (EC) No 606/96 of 3 April 1996 opening a standing invitation to tender for the export of 300 000 tonnes of rye held by the German intervention agency

No L 86/24        Pen I               Official Journal of the European Communities                                   4. 4. 96
                                       COMMISSION REGULATION (EC) No 606/96
                                                         of 3 April 1996
                   opening a standing invitation to tender for the export of 300 000 tonnes 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,                                                        300 000 tonnes of rye for export to third countries.
   Having regard to Council Regulation (EEC) No 1766/92             2.    The regions in which the 300 000 tonnes of rye are
  of 30 June 1992 on the common organization of the                 stored are set out in Annex I.
  market in cereals ('), as last amended by Regulation (EC)
  No 1863/95 (2), and in particular Article 5 thereof,
                                                                                             Article 3
  Whereas Commission Regulation (EEC) No 2131 /93 (3),
  as amended by Regulation (EC) No 120/94 (4), lays down             1 . The export licences shall be valid from their date of
  the procedure and conditions for the disposal of cereals          issue within the meaning of Article 9 of Regulation (EEC)
  held by intervention agencies;                                    No 2131 /93 until the end of the fourth month thereafter.
  Whereas, given the current market situation, a standing           2. Tenders submitted in response to this invitation to
  invitation to tender should be opened for the export of           tender may not be accompanied by export licence appli­
  300 000 tonnes of rye held by the German intervention             cations submitted pursuant to Article 44 of Commission
  agency,                                                           Regulation (EEC) No 3719/88 (J).
 Whereas a special feature of the proposed invitation to            3. The adjustment provided for in the first subpara­
  tender for the export of intervention stocks is the fact that    graph of Article 12(2) of Regulation (EC) No 1162/95
  it will be opened from 11 April 1996 for deliveries which         shall not apply to licences issued under this invitation to
 will be possible after 1 July 1996; whereas, since interven­       tender.
 tion rye is concerned, the price break arrangements
 provided for in Article 12(2) of Commission Regulation
 (EC) No 1 1 62/95 (^ as last amended by Regulation (EC)                                     Article 4
 No 265/96 (% do not apply,
 Whereas special detailed rules must be laid down to                1.    Notwithstanding Article 7 (1 ) of Regulation (EEC)
                                                                   No 2131 /93, the time limit for submission of tenders in
 ensure that operations and checks thereof comply with
 the regulations; whereas, to that end, the Member State           respect of the first partial invitation to tender shall be 9
 must make provision for any additional measures compa­            a.m. (Brussels time) on 11 April 1996.
 tible with the provisions in force which are needed to
 ensure that the planned operation proceeds satisfactorily         2.     The time limit for submission of tenders in respect
 and that the Commission is kept informed;                         of subsequent partial invitations to tender shall be 9 a.m.
                                                                   (Brussels time) each Thursday thereafter.
 Whereas the measures provided for in this Regulation are
 in accordance with the opinion of the Management                  3 . The last partial invitation to tender shall be 9 a.m.
 Committee for Cereals,                                           (Brussels time) on 30 May 1996.
                                                                  4. Tenders shall be lodged with the German interven­
                                                                   tion agency.
 HAS ADOPTED THIS REGULATION:
                                                                                             Article 5
                           Article 1
                                                                   1 . The intervention agency, the storer and the
The German intervention agency issues a standing invita­          successful tender shall, at the request of the latter and by
tion to tender for the export of 300 000 tonnes of rye held       common agreement, either before or at the time of
by it in accordance with Regulation (EEC) No 2131 /93 .           removal from storage as the successful tenderer chooses,
                                                                  take reference samples for counter-analysis at the rate of
(>) OJ No L 181 , 1 . 7. 1992, p. 21 .                            at least one sample for every 500 tonnes and shall analyze
I1) OJ No L 179, 29. 7. 1995, p. 1 .                              the samples. The intervention agency may be represented
(3) OJ No L 191 , 31 . 7. 1993, p. 76.                            by a proxy, provided this is not the storer.
(4) OJ No L 21 , 26. 1 . 1994, p. 1 .
Is) OJ No L 117, 24. 5. 1995, p. 2.
(6) OJ No L 37, 15. 2. 1996, p. 18 .                              0 OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak---    4. 4. 96               EN               Official Journal of the European Communities                              No L 86/25
   The analysis results shall be forwarded to the Commission                  successful tenderer s request. The successful
   in the event of a dispute.                                                 tenderer shall notify the Commission immediately
                                                                              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              (d) below the minimum characteristics laid down for
   successful tenderer's request or within three working days             intervention, the successful tenderer may not remove
   if the samples are taken on removal from storage. Where                the lot in question. He shall be discharged of all his
   the final result of sample analyses indicates a quality:               obligations relating to the lot in question and the
                                                                          securities shall be released only once he has informed
                                                                          the Commission and the intervention agency forth­
  (a) higher than that specified in the notice of invitation to           with in accordance with Annex II; however, he may
        tender, the successful tenderer must accept the lot as            request the intervention agency to supply him with
        established;                                                      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 within
  (b) higher than the minimum characteristics laid down                   three days of the date of the successful tenderer's
        for intervention but below the quality described in the           request. The successful tenderer shall immediately
        notice of invitation to tender, providing that the diffe­         inform the Commission thereof in accordance with
        rences having regard to those criteria do not exceed              Annex II.
        the following limits:
        — one kilogram per hectolitre as regards specific
                                                                     2.     However, if the rye is removed before the results of
            weight, which must not, however, be less than 68         the analyses are known, all risks shall be borne by the
                                                                     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
                                                                     obligations and the securities shall be released once he
       — half a percentage point as regards impurities as            has informed the Commission and the intervention
            specified in point B.5 of the Annex to Regulation        agency forthwith in accordance with Annex II.
            (EEC) No 689/92, the percentages admissible for
            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
                                                                    intervention, the costs of taking the samples and conduc­
       the successful tenderer must accept the lot as estab­        ting the analyses provided for in paragraph 1 but not of
       lished;                                                      inter-bin transfers shall be borne by the EAGGF in
                                                                    respect of up to one analysis per 500 tonnes. The costs of
                                                                    inter-bin transfers and any additional analyses requested
 (c) higher than the minimum characteristics laid down              by the successful tenderer shall be borne by him.
       for intervention but below the quality described in the
       notice of invitation to tender, and a difference ex­
       ceeding the limits set out in point (b), the successful
       tenderer may:                                                                           Article 6
      — accept the lot as established, or
                                                                    Within two hours of the expiry of the time limit for the
      — refuse to take over the lot in question. The                submission of tenders, the German intervention agency
           successful tenderer shall be discharged of all his       shall notify the Commission of tenders received. Such
           obligations relating to the lot in question and the      notification shall be made using the model set out in
                                                                    Annex III and the telex or fax numbers set out in Annex
           securities shall be released only once he has
           informed the Commission and the intervention             IV.
           agency forthwith in accordance with Annex II;
           however, if he requests the intervention agency to
           supply him with another lot of intervention rye of
                                                                                               Article 7
           the quality laid down at no additional charge, the
           security shall not be released. The lot must be
           replaced within three days of the date of the            This Regulation shall enter into force on the day of its
                                                                    publication in the Official Journal of the European
(') OJ No L 74, 20. 3. 1992, p. 18.                                 Communities.
 ---pagebreak--- No L 86/26   EN               Official Journal of the European Communities                        4. 4. 96
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 3 April 1996.
                                                                  For the Commission
                                                                    Franz FISCHLER
                                                              Member of the Commission
 ---pagebreak--- 4. 4. 96   I EN I               Official Journal of the European Communities                                No L 86/27
                                                       ANNEX I
                                                                                      (tonnes)
                                        Place of storage                    Quantity
                          Schleswig-Holstein/Hamburg/
                          Niedersachsen/Bremen/
                          Nordrhein-Westfalen                                  8 161
                          Hessen/Rheinland-Pfalz/
                          Baden-Württemberg/Saarland/Bayern                    7 301
                          Berlin/Brandenburg/
                          Mecklenburg-Vorpommern                            201 168
                          Sachsen/Sachsen-Anhalt/Thüringen                   83 326
                                                      ANNEX II
         Communication of refusal of lots under the standing invitation to tender for the export of
                     300 000 tonnes of rye held by the German intervention agency
                                  (Article 5 (1 ) of Regulation (EC) No 606/96)
         — 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
                                                      — % miscellaneous impurities (Schwarzbesatz)
                                                      — % of matter which is not basic cereal of unimpaired
                                                         quality
                                                      — Other
 ---pagebreak--- No L 86/28      EN                    Official Journal of the European Communities                                         4. 4. 96
                                                             ANNEX III
           Standing invitation to tender for the export of 300 000 tonnes of rye held by the German
                                                         intervention agency
                                                    (Regulation (EC) No 606/96)
                    1              2                3               4               5              6                7
                                                                             Price increases
                                                                                 (+) or
                Tender        Consignment       Quantity       Offer price     reductions
                                                                                              Commercial
                   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 15.