CELEX: 31999R1066
Language: en
Date: 1999-05-25 00:00:00
Title: Commission Regulation (EC) No 1066/1999 of 25 May 1999 opening a standing invitation to tender for the export of common wheat of breadmaking quality held by the Belgian intervention agency

26. 5. 1999            EN              Official Journal of the European Communities                                  L 130/3
                                   COMMISSION REGULATION (EC) No 1066/1999
                                                       of 25 May 1999
                   opening a standing invitation to tender for the export of common wheat of
                              breadmaking quality held by the Belgian intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                              Regulation (EEC) No 2131/93, which stipulates
                                                                         that payment must be made no later than one
                                                                         month after acceptance of the tender;
Having regard to the Treaty establishing the European
Community,
                                                                  (6)    Whereas the measures provided for in this Regula-
                                                                         tion are in accordance with the opinion of the
Having regard to Council Regulation (EEC) No 1766/92                     Management Committee for Cereals,
of 30 June 1992 on the common organisation of the
market in cereals (1) as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article 5
thereof,                                                          HAS ADOPTED THIS REGULATION:
(1)    Whereas Commission Regulation (EEC) No 2131/
       93 (3) as last amended by Regulation (EC)No 39/                                     Article 1
       1999 (4) lays down the procedure and conditions for
       the disposal of cereals held by intervention agen-         Subject to the provisions of this Regulation the Belgian
       cies;                                                      intervention agency issues a standing invitation to tender
                                                                  for the export of common wheat of breadmaking quality
                                                                  held by it in accordance with Regulation (EEC) No 2131/
(2)    Whereas, given the current market situation, a             93.
       standing invitation to tender should be opened for
       the export of 48 156 tonnes of common wheat of
       breadmaking quality held by the Belgian interven-                                   Article 2
       tion agency;
                                                                  1.    The invitation to tender shall cover a maximum of
(3)    Whereas special procedures must be laid down to            48 156 tonnes of common wheat of breadmaking quality
       ensure that the operations and their monitoring are        to be exported to all third countries. However, the
       properly effected; whereas, to that end, provision         customs export formalities for tenders submitted on or
       should be made for a security lodgement scheme             after 3 June 1999 may be completed only on or after 1
       which ensures that aims are met while avoiding             July 1999.
       excessive costs for the operators; whereas deroga-
       tions should accordingly be made to certain rules,         2.    The regions in which the 48 156 tonnes of common
       in particular those laid down in Regulation (EEC)          wheat of breadmaking quality are stored are set out in
       No 2131/93;                                                Annex I.
(4)    Whereas, where removal of the common wheat of
                                                                                           Article 3
       breadmaking quality is delayed by more than five
       days or the release of one of the securities required
       is delayed for reasons imputable to the intervention       1.    Notwithstanding the third paragraph of Article 16 of
       agency the Member State concerned must pay                 Regulation (EEC) No 2131/93, the price to be paid for the
       compensation;                                              export shall be that quoted in the tender.
                                                                  2.    No export refund or tax or monthly increase shall
(5)    Whereas this invitation to tender for the export of        be granted on exports carried out pursuant to this Regula-
       intervention stocks is unusual in that it will also        tion.
       operate at the end of the marketing year, i.e. in
       June 1999; whereas, therefore, in the case of              3.    Article 8(2) of Regulation (EEC) No 2131/93 shall
       tenders made between 3 and 30 June 1999, deliv-            not apply.
       eries will be possible only from 1 July 1999;
       whereas provision must accordingly be made to
       derogate from the first paragraph of Article 16 of                                  Article 4
(1) OJ L  181, 1.7.1992, p. 21.                                   1.    The export licences shall be valid from their date of
(2) OJ L  126, 24.5.1996, p. 37.
(3) OJ L  191, 31.7.1993, p. 76.                                  issue within the meaning of Article 9 of Regulation (EEC)
(4) OJ L  5, 9.1.1999, p. 64.                                     No 2131/93 until the end of the fourth month thereafter.
 ---pagebreak--- L 130/4              EN                 Official Journal of the European Communities                                  26. 5. 1999
2.     Between 3 and 30 June 1999, tenders submitted               (b) higher than the minimum characteristics laid down
under this invitation to tender shall not be admissible                 for intervention but below the quality described in the
unless they are accompanied by a written undertaking to                 notice of invitation to tender, providing that the
export only on or after 1 July 1999. The tenders may not                differences having regard to those criteria do not
be accompanied by applications for export licences                      exceed the following limits:
submitted under Article 44 of Commission Regulation
(EEC) No 3719/88 (1).                                                    two kilograms per hectolitre as regards specific
                                                                            weight, which must not, however, be less than 72
                           Article 5                                        kg/hl,
1.     Notwithstanding Article 7(1) of Regulation (EEC)                  one percentage point as regards moisture content,
No 2131/93, the time limit for submission of tenders in                  20 percentage points for the Hagberg falling
respect of the first partial invitation to tender shall be 9                index,
a.m. (Brussels time) on 27 May 1999.
                                                                         half a percentage point as regards impurities as
2.     The time limit for submission of tenders in respect                  specified in points B.2 and B.4 of the Annex to
of subsequent partial invitations to tender shall be 9 a.m.                 Commission Regulation (EEC) No 689/92 (2)and
(Brussels time) each Thursday thereafter.                                half a percentage point as regards impurities as
3.     The last partial invitation to tender shall be 9 a.m.                specified in point B.5 of the Annex to Regulation
(Brussels time) on 30 September 1999.                                       (EEC) No 689/92, the percentages admissible for
                                                                            noxious grains and ergot, however, remaining
4.     Tenders shall be lodged with the Belgian interven-
                                                                            unchanged,
tion agency.
                                                                        the successful tenderer must accept the lot as estab-
                          Article 5a                                    lished;
In the case of tenders submitted between 3 and 30 June
1999, the following conditions shall apply:                        (c) higher than the minimum characteristics laid down
                                                                        for intervention but below the quality described in the
 notwithstanding the first paragraph of Article 16 of                  notice of invitation to tender, and a difference
     Regulation (EEC) No 2131/93, the cereals must be                   exceeding the limits set out in point (b), the successful
     paid for by 31 July 1999, at the latest.                           tenderer may:
 notwithstanding the third paragraph of Article 16 of
     Regulation (EEC) No 2131/93, the price to be paid for               accept the lot as established, or
     the export shall be that indicated in the tender:                   refuse to take over the lot in question. The
                                                                            successful tenderer shall be discharged of all his
                          Article 5b                                        obligations relating to the lot in question and the
In the case of licences applied for between 3 and 30 June                   securities shall be released only once he has
1999, without prejudice to Article 17(3) of Regulation                      informed the Commission and the intervention
(EEC) No 2131/93, the security referred to in the second                    agency forthwith in accordance with Annex II;
indent of Article 17(2) of that Regulation shall be released                however, if he requests the intervention agency to
only when proof is provided that the customs export                         supply him with another lot of intervention
formalities were completed on or after 1 July 1999.                         common wheat of breadmaking quality of the
                                                                            quality laid down at no additional charge, the
                           Article 6                                        security shall not be released. The lot must be
1.     The intervention agency, the storer and the                          replaced within three days of the date of the
successful tenderer shall, at the request of the latter and                 successful tenderer’s request. The successful
by common agreement, either before or at the time of                        tenderer shall notify the Commission immediately
removal from storage as the successful tenderer chooses,                    thereof in accordance with Annex II;
take reference samples for counter-analysis at the rate of         (d) below the minimum characteristics laid down for
at least one sample for every 500 tonnes and shall analyse              intervention, the successful tenderer may not remove
the samples. The intervention agency may be represented                 the lot in question. He shall be discharged of all his
by a proxy, provided this is not the storer.                            obligations relating to the lot in question and the
The analysis results shall be forwarded to the Commission               securities shall be released only once he has informed
in the event of a dispute.                                              the Commission and the intervention agency forth-
                                                                        with in accordance with Annex II; however, he may
Reference samples for counter-analysis shall be taken and
                                                                        request the intervention agency to supply him with
analysed within seven working days of the date of the
                                                                        another lot of intervention common wheat of bread-
successful tenderer’s request or within three working days
                                                                        making quality of the quality laid down at no addi-
if the samples are taken on removal from storage. Where
                                                                        tional charge. In that case, the security shall not be
the final result of sample analyses indicates a quality:
                                                                        released. The lot must be replaced within three days
(a) higher than that specified in the notice of invitation              of the date of the successful tenderer’s request. The
     to tender, the successful tenderer must accept the lot             successful tenderer shall immediately inform the
     as established;                                                    Commission thereof in accordance with Annex II.
(1) OJ L 331, 2.12.1988, p. 1.                                     (2) OJ L 74, 20.3.1992, p. 18.
 ---pagebreak--- 26. 5. 1999            EN                 Official Journal of the European Communities                                    L 130/5
2.     However, if the common wheat of breadmaking                    Frumento tenero d’intervento panificabile senza appli-
quality is removed before the results of the analyses are                cazione di restituzione né di tassa, regolamento (CE) n.
known, all risks shall be borne by the successful tenderer               1066/1999
from the time the lot is removed, without prejudice to any
means of redress of which he may avail himself against                Zachte tarwe van bakkwaliteit uit interventie, zonder
the storer.                                                              toepassing van restitutie of belasting, Verordening
                                                                         (EG) nr. 1066/1999
                                                                      Trigo mole panificável de intervenção sem aplicação
3.     If, as a result of successive replacements, the                   de uma restituição ou imposição, Regulamento (CE)
successful tenderer has not received a replacement lot of                n.o 1066/1999
the quality laid down within one month of the date of his
request for a replacement, he shall be discharged of all his          Interventioleipävehnää, johon ei sovelleta vientitukea
obligations and the securities shall be released once he                 eikä vientimaksua, asetus (EY) n:o 10661999
has informed the Commission and the intervention                      Interventionsvete, av brödkvalitet, utan tillämpning av
agency forthwith in accordance with Annex II.                            bidrag eller avgift, förordning (EG) nr 1066/1999
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                                              Article 8
conducting the analyses provided for in paragraph 1 but
not of inter-bin transfers shall be borne by the European
Agricultural Guidance and Guarantee Fund (EAGGF) in
respect of up to one analysis per 500 tonnes. The costs of           1.    The security lodgement pursuant to Article 13(4) of
inter-bin transfers and any additional analyses requested            Regulation (EEC) No 2131/93 must be released once the
by the successful tenderer shall be borne by him.                    export licences have been issued to the successful
                                                                     tenderers.
                                                                     2.    Notwithstanding Article 17 of Regulation (EEC) No
                                                                     2131/93, the obligation to export shall be covered by a
                            Article 7                                security equal to the difference between the intervention
                                                                     price applying on the day of the award and the price
                                                                     awarded but not less than EUR 10 per tonne. Half of the
By derogation from Article 12 of Commission Regulation               security shall be lodged when the licence is issued and
(EEC) No 3002/92 (1) the documents relating to the sale              the balance shall be lodged before the cereals are
of wheat of breadmaking quality in accordance with this              removed.
Regulation, and in particular the export licence, the
removal order referred to in Article 3(1)(b) of Regulation
(EEC) No 3002/92, the export declaration and, where                  Notwithstanding Article 15(2) of Regulation (EEC) No
necessary, the T5 copy shall carry the entry:                        3002/92:
 Trigo blando panificable de intervención sin aplica-                the part of the security lodged when the licence is
     ción de restitución ni gravamen, Reglamento (CE) no                 issued must be released within 20 working days of the
     1066/1999                                                           date on which the successful tenderer provides proof
                                                                         that the cereals removed have left the customs terri-
 Bageegnet blød hvede fra intervention uden restitu-                    tory of the Community,
     tionsydelse eller -afgift, forordning (EF) nr. 1066/1999
                                                                      the remainder must be released within 15 working
 Interventions-Brotweichweizen ohne Anwendung von                       days of the date on which the successful tenderer
     Ausfuhrerstattungen oder Ausfuhrabgaben, Verord-                    provides the proof referred to in Article 17(3) of Regu-
     nung (EG) Nr. 1066/1999                                             lation (EEC) No 2131/93.
 Μαλακr αρτοποισιµοr στοr παρµβασηr χωρr εφαρ-
     µογ επιστροφr  φρου, κανονισµr (ΕΚ) αριθ. 1066/            3.    Except in duly substantiated exceptional cases, in
     1999                                                            particular the opening of an administrative enquiry, any
 Intervention common wheat of breadmaking quality                   release of the securities provided for in this Article after
     without application of refund or tax, Regulation (EC)           the time limits specified in this same Article shall confer
     No 1066/1999                                                    an entitlement to compensation from the Member State
                                                                     amounting to EUR 0,015 per 10 tonnes for each day’s
 Blé tendre d’intervention panifiable ne donnant pas                delay.
     lieu à restitution ni taxe, règlement (CE) no 1066/1999
(1) OJ L 301, 17.10.1992, p. 17.                                     This compensation shall not be charged to the EAGGF.
 ---pagebreak--- L 130/6     EN                Official Journal of the European Communities                           26. 5. 1999
                                                 Article 9
        Within two hours of the expiry of the time limit for the submission of tenders, the Belgian
        intervention agency shall notify the Commission of tenders received. Such notification
        shall be made using the model set out in Annex III and the telex or fax numbers set out in
        Annex IV.
                                                 Article 10
        This Regulation shall enter into force on the day of its publication 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, 25 May 1999.
                                                                    For the Commission
                                                                       Franz FISCHLER
                                                                Member of the Commission
 ---pagebreak--- 26. 5. 1999    EN                  Official Journal of the European Communities                            L 130/7
                                                            ANNEX I
                                                                                          (tonnes)
                                            Place of storage                   Quantity
                            Silos de la Meuse, Liège                             4 955
                            SMEG, Gent                                         16 159
                            Silos de Floreffe, Floreffe                        16 029
                            Borlix, Zeebrugge                                    2 234
                            Escaut Silos, Tournai                                1 038
                            Borlix, Brugge                                       7 741
                                                           ANNEX II
            Communication of refusal of lots under the standing invitation to tender for the export of
               common wheat of breadmaking quality held by the Belgian intervention agency
                                     (Article 6(1) of Regulation (EC) No 1066/1999)
             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 130/8       EN                    Official Journal of the European Communities                                        26. 5. 1999
                                                          ANNEX III
        Standing invitation to tender for the export of common wheat of breadmaking quality held
                                           by the Belgian intervention agency
                                                (Regulation (EC) No 1066/1999)
                1                2                3                4              5              6               7
                                                                           Price increases
                                                                               (+) or
                                                             Offer price                    Commercial
                           Consignment       Quantity                        reductions
            Tender No                                       (EUR/tonne)                        costs        Destination
                                No            (tonnes)                           (–)
                                                                  (1)                       (EUR/tonne)
                                                                            (EUR/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).