CELEX: 32000R1945
Language: en
Date: 2000-09-14 00:00:00
Title: Commission Regulation (EC) No 1945/2000 of 14 September 2000 opening a standing invitation to tender for the export of common wheat of breadmaking quality from harvests prior to 1999 held by the French intervention agency

15.9.2000               EN                    Official Journal of the European Communities                                          L 233/3
                                         COMMISSION REGULATION (EC) No 1945/2000
                                                          of 14 September 2000
               opening a standing invitation to tender for the export of common wheat of breadmaking quality
                               from harvests prior to 1999 held by the French 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,                                                               1 000 000 tonnes of common wheat of breadmaking quality
                                                                         from harvests prior to 1999 for export to third countries.
Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in                    2.     The regions in which the 1 000 000 tonnes of common
cereals (1), as last amended by Commission Regulation (EC) No            wheat of breadmaking quality from harvests prior to 1999 are
1666/2000 (2), and in particular Article 5 thereof,                      stored are set out in Annex I.
Whereas:
                                                                                                       Article 3
(1)     Commission Regulation (EEC) No 2131/93 ( ), as last
                                                         3
                                                                         1.     Notwithstanding the third paragraph of Article 16 of
        amended by Regulation (EC) No 1630/2000 (4), lays                Regulation (EEC) No 2131/93, the price to be paid for the
        down the procedure and conditions for the disposal of            export shall be that quoted in the tender.
        cereals held by intervention agencies.
                                                                         2.     No export refund or tax or monthly increase shall be
(2)     Given the current market situation, a standing invitation        granted on exports carried out pursuant to this Regulation.
        to tender should be opened for the export of 1 000 000
        tonnes of common wheat of breadmaking quality from               3.     Article 8(2) of Regulation (EEC) No 2131/93 shall not
        harvests prior to 1999 held by the French intervention           apply.
        agency.
(3)     Special procedures must be laid down to ensure that the                                        Article 4
        operations and their monitoring are properly effected.
        To that end, provision should be made for a security             1.     The export licences shall be valid from their date of issue
        lodgement scheme which ensures that aims are met                 within the meaning of Article 9 of Regulation (EEC) No 2131/
        while avoiding excessive costs for the operators. Deroga-        93 until the end of the fourth month thereafter.
        tions should accordingly be made to certain rules, in
        particular those laid down in Regulation (EEC) No 2131/          2.     Tenders submitted in response to this invitation to tender
        93.                                                              may not be accompanied by export licence applications
                                                                         submitted pursuant to Article 44 of Commission Regulation
(4)     Where removal of the common wheat of breadmaking                 (EEC) No 3719/88 (5).
        quality from harvests prior to 1999 is delayed by more
        than five days or the release of one of the securities                                         Article 5
        required is delayed for reasons imputable to the inter-
        vention agency the Member State concerned must pay               1.     Notwithstanding Article 7(1) of Regulation (EEC) No
        compensation.                                                    2131/93, the time limit for submission of tenders in respect of
                                                                         the first partial invitation to tender shall be 9 a.m. (Brussels
(5)     The measures provided for in this Regulation are in              time) on 21 September 2000.
        accordance with the opinion of the Management
        Committee for Cereals,                                           2.     The time limit for submission of tenders in respect of
                                                                         subsequent partial invitations to tender shall be 9 a.m. (Brussels
                                                                         time) each Thursday thereafter.
HAS ADOPTED THIS REGULATION:                                             3.     The last partial invitation to tender shall be 9 a.m. (Brus-
                                                                         sels time) on 17 May 2001.
                               Article 1                                 4.     Tenders shall be lodged with the French intervention
                                                                         agency.
Subject to the provisions of this Regulation the French inter-
vention agency issues a standing invitation to tender for the
                                                                                                       Article 6
export of common wheat of breadmaking quality from
harvests prior to 1999 held by it in accordance with Regula-             1.     The intervention agency, the storer and the successful
tion (EEC) No 2131/93.                                                   tenderer shall, at the request of the latter and by common
                                                                         agreement, either before or at the time of removal from storage
(1) OJ L  181,  1.7.1992, p. 21.
(2) OJ L  193,  29.7.2000, p. 1.
(3) OJ L  191,  31.7.1993, p. 76.
(4) OJ L  187,  26.7.2000, p. 24.                                        (5) OJ L 331, 2.12.1988, p. 1.
 ---pagebreak--- L 233/4                EN                      Official Journal of the European Communities                                      15.9.2000
as the successful tenderer chooses, take reference samples for                 released only once he has informed the Commission and
counter-analysis at the rate of at least one sample for every 500              the intervention agency forthwith in accordance with
tonnes and shall analyse the samples. The intervention agency                  Annex II; however, he may request the intervention agency
may be represented by a proxy, provided this is not the storer.                to supply him with another lot of intervention common
                                                                               wheat of bread-making quality of the quality laid down at
                                                                               no additional charge. In that case, the security shall not be
The analysis results shall be forwarded to the Commission in                   released. The lot must be replaced within three days of the
the event of a dispute.                                                        date of the successful tenderer's request. The successful
                                                                               tenderer shall immediately inform the Commission thereof
Reference samples for counter-analysis shall be taken and                      in accordance with Annex II.
analysed within seven working days of the date of the
successful tenderer's request or within three working days if the
samples are taken on removal from storage. Where the final                2.     However, if the common wheat of breadmaking quality is
result of sample analyses indicates a quality:                            removed before the results of the analyses are known, all risks
                                                                          shall be borne by the successful tenderer from the time the lot
                                                                          is removed, without prejudice to any means of redress of which
(a) higher than that specified in the notice of invitation to
                                                                          he may avail himself against the storer.
     tender, the successful tenderer must accept the lot as estab-
     lished;
                                                                          3.     If, as a result of successive replacements, the successful
(b) higher than the minimum characteristics laid down for                 tenderer has not received a replacement lot of the quality laid
     intervention but below the quality described in the notice           down within one month of the date of his request for a
     of invitation to tender, providing that the differences              replacement, he shall be discharged of all his obligations and
     having regard to those criteria do not exceed the following          the securities shall be released once he has informed the
     limits:                                                              Commission and the intervention agency forthwith in accord-
     — two kilograms per hectolitre as regards specific weight,           ance with Annex II.
         which must not, however, be less than 72 kg/hl,
     — one percentage point as regards moisture content,                  4.     Except where the final results of analyses indicate a
                                                                          quality below the minimum characteristics laid down for inter-
     — 20 percentage points for the Hagberg falling index,
                                                                          vention, the costs of taking the samples and conducting the
     — half a percentage point as regards impurities as speci-            analyses provided for in paragraph 1 but not of inter-bin
         fied in points B.2 and B.4 of the Annex to Commission            transfers shall be borne by the European Agricultural Guidance
         Regulation (EEC) No 689/92 (1), and                              and Guarantee Fund (EAGGF) in respect of up to one analysis
     — half a percentage point as regards impurities as speci-            per 500 tonnes. The costs of inter-bin transfers and any addi-
         fied in point B.5 of the Annex to Regulation (EEC) No            tional analyses requested by the successful tenderer shall be
         689/92, the percentages admissible for noxious grains            borne by him.
         and ergot, however, remaining unchanged,
    the successful tenderer must accept the lot as established;
                                                                                                         Article 7
(c) higher than the minimum characteristics laid down for
     intervention but below the quality described in the notice
     of invitation to tender, and a difference exceeding the limits       By derogation from Article 12 of Commission Regulation (EEC)
     set out in point (b), the successful tenderer may:                   No 3002/92 (2), the documents relating to the sale of wheat of
                                                                          breadmaking quality in accordance with this Regulation, and in
     — accept the lot as established, or                                  particular the export licence, the removal order referred to in
     — refuse to take over the lot in question. The successful            Article 3(1)(b) of Regulation (EEC) No 3002/92, the export
         tenderer shall be discharged of all his obligations              declaration and, where necessary, the T5 copy shall carry the
         relating to the lot in question and the securities shall be      entry:
         released only once he has informed the Commission
         and the intervention asgency forthwith in accordance             — Trigo blando panificable de intervención sin aplicación de
         with Annex II; however, if he requests the intervention               restitución ni gravamen, Reglamento (CE) no 1945/2000
         agency to supply him with another lot of intervention            — Bageegnet blød hvede fra intervention uden restitutionsy-
         common wheat of breadmaking quality of the quality                    delse eller -afgift, forordning (EF) nr. 1945/2000
         laid down at no additional charge, the security shall not
         be released. The lot must be replaced within three days          — Interventions-Brotweichweizen ohne Anwendung von
         of the date of the successful tenderer's request. The                 Ausfuhrerstattungen oder Ausfuhrabgaben, Verordnung
         successful tenderer shall notify the Commission imme-                 (EG) Nr. 1945/2000
         diately thereof in accordance with Annex II;
                                                                          — Μαλακός αρτοποιήσιµος σίτος παρέµβασης χωρίς εφαρµογή
                                                                               επιστροφής ή φόρου, κανονισµός (ΕΚ) αριθ. 1945/2000
(d) below the minimum characteristics laid down for interven-
     tion, the successful tenderer may not remove the lot in              — Intervention common wheat of breadmaking quality
     question. He shall be discharged of all his obligations                   without application of refund or tax, Regulation (EC) No
     relating to the lot in question and the securities shall be               1945/2000
(1) OJ L 74, 20.3.1992, p. 18.                                            (2) OJ L 301, 17.10.1992, p. 17.
 ---pagebreak--- 15.9.2000             EN                      Official Journal of the European Communities                                        L 233/5
— Blé tendre d'intervention panifiable ne donnant pas lieu à             — the amount of EUR 25 per tonne must be released within
    restitution ni taxe, règlement (CE) no 1945/2000                         20 working days of the date on which the successful
— Frumento tenero d'intervento panificabile senza applica-                   tenderer supplies proof that the common wheat of bread-
    zione di restituzione né di tassa, regolamento (CE) n. 1945/             making quality removed has left the customs territory of
    2000                                                                     the Community,
— Zachte tarwe van bakkwaliteit uit interventie, zonder                  — the amount of EUR 50 per tonne must be released within
    toepassing van restitutie of belasting, Verordening (EG) nr.             15 working days of the date on which the successful
    1945/2000                                                                tenderer supplies the proof referred to in Article 17(3) of
                                                                             Regulation (EEC) No 2131/93.
— Trigo mole panificável de intervenção sem aplicação de
    uma restituição ou imposição, Regulamento (CE) n.o 1945/             3.    Except in duly substantiated exceptional cases, in partic-
    2000                                                                 ular the opening of an administrative enquiry, any release of
— Interventioleipävehnää, johon ei sovelleta vientitukea eikä            the securities provided for in this Article after the time limits
    vientimaksua, asetus (EY) N:o 1945/2000                              specified in this same Article shall confer an entitlement to
— Interventionsvete, av brödkvalitet, utan tillämpning av                compensation from the Member State amounting to
    bidrag eller avgift, förordning (EG) nr 1945/2000.                   EUR 0,015 per 10 tonnes for each day's delay.
                                                                         This compensation shall not be charged to the EAGGF.
                             Article 8
                                                                                                     Article 9
1.    The security lodgement pursuant to Article 13(4) of
Regulation (EEC) No 2131/93 must be released once the export             Within two hours of the expiry of the time limit for the
licences have been issued to the successful tenderers.                   submission of tenders, the French intervention agency shall
                                                                         notify the Commission of tenders received. Such notification
2.    The obligation to export to the third countries shall be           shall be made using the model set out in Annex III and the
covered by a security amounting to EUR 75 per tonne of                   telex or fax numbers set out in Annex IV.
which EUR 50 per tonne shall be lodged when the export
licence is issued, with the balance of EUR 25 per tonne being                                       Article 10
lodged before removal of the cereals.
                                                                         This Regulation shall enter into force on the day of its publica-
Article 15(2) of Regulation (EEC) No 3002/92 notwithstanding:            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, 14 September 2000.
                                                                                      For the Commission
                                                                                        Franz FISCHLER
                                                                                  Member of the Commission
 ---pagebreak--- L 233/6        EN                          Official Journal of the European Communities                                        15.9.2000
                                                                    ANNEX I
                                                                                                  (tonnes)
                                                    Place of storage                     Quantity
                               Amiens                                                   137 500
                               Châlons                                                  125 800
                               Clermont-Ferrand                                          36 000
                               Dijon                                                     31 800
                               Lille                                                     56 700
                               Lyon                                                      24 800
                               Nancy                                                     73 300
                               Nantes                                                    19 200
                               Orléans                                                  122 300
                               Paris                                                       5 500
                               Poitiers                                                  36 300
                               Rennes                                                   166 300
                               Rouen                                                    120 100
                               Toulouse                                                  44 400
                                                                   ANNEX II
        Communication of refusal of lots under the standing invitation to tender for the export of common wheat of
               breadmaking quality from harvests Prior to 1999 held by the French intervention agency
                                           (Article 6(1) of Regulation (EC) No 1945/2000)
        — 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 basic cereal of unimpaired
                                                                            quality
                                                                         — Other
 ---pagebreak--- 15.9.2000           EN                           Official Journal of the European Communities                                         L 233/7
                                                                        ANNEX III
          Standing invitation to tender for the export of common wheat of breadmaking quality from harvests Prior to
                                                 1999 held by the French intervention agency
                                                           (Regulation (EC) No 1945/2000)
                   1                   2                  3                    4                  5                6           7
                                                                                          Price increases
                                                                                               (+) or
                                                                          Offer price                         Commercial
                 Tender          Consignment          Quantity                              reductions
                                                                         (EUR/tonne)                             costs    Destination
                   No                 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 AGRI C-1):
          — fax:              296 49 56,
                              295 25 15,
          — telex:            22037 AGREC B,
                              22070 AGREC B (Greek characters).