CELEX: 31995R0987
Language: en
Date: 1995-04-28 00:00:00
Title: COMMISSION REGULATION (EC) No 987/95 of 28 April 1995 opening a standing invitation to tender for the export of 600 000 tonnes of bread-making wheat held by the German intervention agency

3 . 5. 95            | EN |               Official Journal of the European Communities                             No L 100/9
                                          COMMISSION REGULATION (EC) No 987/95
                                                          of 28 April 1995
                    opening a standing invitation to tender for the export of 600 000 tonnes of
                               bread-making wheat held by the German intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Whereas the measures provided for in this Regulation are
                                                                      in accordance with the opinion of the Management
                                                                      Committee for Cereals,
 Having regard to the Treaty establishing the European
 Community,
                                                                      HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No 1766/92
 of 30 June 1992 on the common organization of the
 market in cereals ('), as last amended by the Act of Acces­
                                                                                               Article 1
 sion of Austria, Finland and Sweden and Regulation (EC)
 No 3290/94 (2), and in particular Article 5 thereof,
                                                                     The German intervention agency may, on the conditions
                                                                     laid down in Regulation (EEC) No 2131 /93, open a
Whereas Commission Regulation (EEC) No 2131 /93 (3),                 standing invitation to tender for the export of 600 000
 as amended by Regulation (EC) No 1 20/94 (4), lays down             tonnes of bread-making wheat held by it.
 the procedures and conditions for the disposal of cereals
 held by intervention agencies ;
                                                                                               Article 2
Whereas, given the current market situation, a standing               1.   The invitation to tender shall cover a maximum of
 invitation to tender should be opened for the export at              600 000 tonnes of bread-making wheat to be exported to
 the beginning of the 1995/96 cereals marketing year of              all third countries. Customs export formalities may not be
 600 000 tonnes of bread-making wheat held by the                    completed before 1 July 1995.
 German intervention agency ;
                                                                     2. The regions in which the 600 000 tonnes of bread­
                                                                     making wheat are stored are stated in Annex I to this
Whereas the proposed invitation to tender for the export
                                                                     Regulation.
of intervention stocks is special in that it will be opened
at the end of the marketing year, from May 1995, but for
deliveries which will not be possible until 1 July 1995 ;                                      Article 3
whereas there should therefore be a derogation from the
first paragraph of Article 16 of Regulation (EEC) No
2131 /93, which provides for a maximum delay of one                   1 . The export licences shall be valid from their date of
month between acceptance of the tender and payment                   issue, within the meaning of Article 9 of Regulation
and also a derogation from the third paragraph of Article            (EEC) No 2131 /93, until the end of the fourth month
 16 of the said Regulation, application of which would               following.
have led to the price accepted already being increased by
monthly increments for the removal of the cereals from               2. Tenders submitted in response to this invitation to
the intervention store in July, whereas export was not               tender shall be admissible only if they are accompanied
scheduled previously ;                                               by a written undertaking to export only beginning 1 July
                                                                      1995. They may not be accompanied by applications for
                                                                     export licences pursuant to Article 44 of Commission
Whereas the operative event for the conversion of tenders            Regulation (EEC) No 3719/88 Q.
submitted for intervention stocks is the date of payment
for cereals as fixed by Commission Regulation (EEC) No
 1068/93 0, as last amended by Regulation (EC) No                                              Article 4
 1 57/95 (6); whereas this rule should be applied to the
sales provided for in this Regulation without prejudice to            1.   Notwithstanding Article 7 (1 ) of Regulation (EEC)
the possibility of fixing the agricultural conversion rate in        No 2131 /93, the time limit for submission of tenders
advance in accordance with Articles 13 to 17 of Regula­              under the first partial invitation to tender shall expire on
tion (EEC) No 1068/93 ;                                              4 May 1995 at 9 a.m. (Brussels time).
                                                                     2.    The time limit for submission of tenders under the
(')  OJ No   L 181 , 1 . 7. 1992, p. 21 .
(2)  OJ No   L 349, 31 . 12. 1994, p. 105.                           subsequent partial invitations to tender shall expire each
P)   OJ No   L 191 , 31 . 7. 1993, p. 76.                            Thursday at 9 a.m. (Brussels time).
(4)  OJ No   L 21 , 26. 1 . 1994, p. 1 .
0    OJ No   L 108, 1 . 5. 1993, p. 106.
(6)  OJ No   L 24, 1 . 2. 1995, p. 1 .                               (7) OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak---   No L 100/ 10        I EN I            Official Journal of the European Communities                                  3 . 5. 95
  3. The last partial invitation to tender shall expire on             invitation to tender, with the difference remaining
  30 May 1996 at 9 a.m. (Brussels time).                               within a limit of up to :
  4.    The tenders shall be lodged with the German inter­             — 2 kg/hi for the specific weight, which must not,
  vention agency.                                                           however, be less than 72 kg/hi,
                                                                       — one percentage point for the moisture content,
                                                                       — 20 percentage points for the Hagberg falling
                           Article 5                                        index,
                                                                       — one percentage point for the protein content,
  The following provisions shall apply to tenders submitted
  before 1 July 1995 :                                                 — half a percentage point for the impurities referred
                                                                            to in B.2 and B.4 of the Annex to Regulation
  — notwithstanding the first subparagraph of Article 1 6 of                (EEC) No 689/92,
      Regulation (EEC) No 2131 /93, the payment must be                     and
      made not later than 31 July 1995,
                                                                       — half a percentage point for the impurities referred
 — notwithstanding the third subparagraph of Article 16                     to in point B.5 of the Annex to Commission
      of Regulation (EEC) No 2131 /93, the price to be paid                 Regulation (EEC) No 689/92 ('), the percentage
      for products for export shall be that indicated in the                admissible for noxious grains and ergot, however
      tender,                                                               remaining unchanged,
 — without prejudice to the possibility of fixing the agri­            the successful tenderer must accept the lot as estab­
      cultural conversion rate in advance, tenders shall be            lished ;
      converted using the agricultural conversion rate appli­
      cable on the date of the payment of cereals of the          (c) greater than the minimum characteristics required for
      batch concerned.                                                 intervention but below the quality described in the
                                                                       notice of invitation to tender with the difference
                                                                       surpassing the limit referred to in point (b), the
                           Article 6
                                                                       successful tenderer may :
                                                                      — either accept the lot as established,
 Notwithstanding Article 17 (3) of Regulation (EEC) No                — or refuse to take over the lot in question. The
 2131 /93, the security referred to in the second indent of                successful tenderer shall be released from all his
 Article 17 (2) of the said Regulation shall not be released               obligations relating to the lot in question, in­
 until proof is furnished that the customs export formal­                  cluding the securities, only once he has informed
 ities have taken place from 1 July 1995.                                  the Commission and the intervention agency
                                                                           forthwith, in accordance with Annex II ; however,
                                                                           if he requests the intervention agency to supply
                           Article 7                                       him with another lot of intervention bread-making
                                                                           wheat of the quality laid down, and that without
 1 . The intervention agency, the storer and the                           additional charges, the security shall not be
 successful tenderer, if he so wishes, shall by common                     released. The lot must be replaced within a
 agreement, either before or at the moment of removal                      maximum of three days from the date of the
 from storage, as the successful tenderer chooses, take                    successful tenderer's request. The successful
 reference samples at the rate of at least one sample for                  tenderer shall immediately inform the Commis­
 every 500 tonnes, and shall analyse the samples. The                      sion thereof in accordance with Annex II ;
 intervention agency may be represented by a proxy,
 provided this is not the storer.                                 (d) below the minimum characteristics required for inter­
                                                                      vention, the successful tenderer may not remove the
                                                                      lot in question. He shall be released from all his obli­
The Commission must be informed of the findings of the
                                                                      gations relating to the lot in question, including the
analyses within three days.                                           securities, only once he has informed the Commission
                                                                      and the intervention agency forthwith, in accordance
Reference samples shall be taken and analysed within                  with Annex II ; however, he may request the interven­
seven working days of the date of the successful tenderer's           tion agency to supply him with another lot of inter­
request or within three working days if the samples were              vention bread-making wheat of the quality laid down,
taken on removal from storage. If the final result of the             without additional charges. In this case, the security
sample analyses indicates a quality :                                 shall not be released. The lot must be replaced within
                                                                      a maximum of three days from the date of the
(a) greater than that specified in the notice of invitation           successful tenderer's request. The successful tenderer
     to tender, the successful tenderer must accept the lot           shall immediately inform the Commission thereof in
     as established ;                                                 accordance with Annex II.
(b) greater than the minimum characteristics for interven­
     tion but below the quality described in the notice of       (*) OJ No L 74, 20. 3. 1992, p. 18.
 ---pagebreak--- 3 . 5 . 95         | EN |              Official Journal of the European Communities                           No L 100 / 11
2. However, if the bread-making wheat is removed                 be borne by the EAGGF up to a maximum of one
before the results of the analysis are known, all risks shall    analysis per 500 tonnes with the exception of the trans­
be borne by the successful tenderer from the time of             silage costs. The cost of any additional analyses requested
removal of the lot, without prejudice to the forms of            by the successful tenderer shall be borne by him.
recourse the successful tenderer may have against the
storer.                                                                                    Article 8
3. If, the successive replacements, the successful               The German intervention agency shall notify the
tenderer has not received a replacement lot of the quality       Commission of the tenders received not later than two
laid down within one month of the date of his request for        hours after expiry of the time limit for the submission
replacement, he shall be released from all his obligations,      thereof. Notification shall be given as specified in the
including the securities, once he has informed the               table in Annex III to this Regulation^ to the telex or
Commission and the intervention agency forthwith in              telefax numbers in Annex IV.
accordance with Annex II .
                                                                                           Article 9
4. The costs of the taking of samples and the analyses
referred to in paragraph 1 , except those where the final        This Regulation shall enter into force on the day of its
result of the analyses produces a quality inferior to the        publication in the Official Journal of the European
minimum characteristics required for intervention, shall         Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 28 April 1995.
                                                                          For the Commission
                                                                              Franz FISCHLER
                                                                       Member of the Commission
 ---pagebreak--- No L 100/ 12  EN                   Official Journal of the European Communities                                 3 . 5. 95
                                                          ANNEX I
                                                                                          (tonnes)
                                           Place of storage                    Quantity
                             Schleswig-Holstein/
                              Niedersachsen/Bremen/
                              Nordrhein-Westfalen                              301 680
                             Hessen/Rheinland-Pfalz/
                             Baden-Württemberg/Saarland/Bayern                 153 094
                             Berlin/Brandenburg/
                             Mecklenburg-Vorpommern                              1 1 664
                             Sachsen/Sachsen-Anhalt/Thüringen                  133 520
                                                         ANNEX II
             Communication of refusal of lots under the standing invitation to tender for the export of
               600 000 tonnes of bread-making wheat held by die German intervention agency
                                      (Article 7 (1 ) of Regulation (EC) No 987/95)
             — 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--- 3 . 5 . 95    I EN I                 Official Journal of the European Communities                                          No L 100/ 13
                                                            ANNEX III
           Standing invitation to tender for the export of 600 000 tonnes of bread-making wheat held
                                             by the German intervention agency
                                                    (Regulation (EC) No 987/95)
                   1               2                3               4               5              6                7
                                                                             Price increases
                                                               Offer price       (+) or       Commercial
                Tender        Consignment       Quantity      (ECU/tonne)
                                                                               reductions
                                                                                                 costs         Destination
                  No              No            (tonnes)                           (-)
                                                                   (')        (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)
           — telefax :              296 49 56,
                                    295 25 15 .