CELEX: 31995R1070
Language: en
Date: 1995-05-12 00:00:00
Title: COMMISSION REGULATION (EC) No 1070/95 of 12 May 1995 opening a standing invitation to tender for the export of 200 000 tonnes of barley held by the United Kingdom intervention agency

13. 5. 95           | EN I                Official Journal of the European Communities                            No L 108/33
                                        COMMISSION REGULATION (EC) No 1070/95
                                                           of 12 May 1995
                   opening a standing invitation to tender for the export of 200 000 tonnes of barley
                                       held by the United Kingdom 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
sion of Austria, Finland and Sweden and Regulation (EC)                                        Article 1
No 3290/94 (2), and in particular Article 5 thereof,
                                                                     The United Kingdom intervention agency may, on the
                                                                     conditions laid down in Regulation (EEC) No 2131 /93,
Whereas Commission Regulation (EEC) No 2131 /93 (3),                 open a standing invitation to tender for the export of
as amended by Regulation (EC) No 120/94 (4), lays down               200 000 tonnes of barley 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
the beginning of the 1995/96 cereals marketing year of               200 000 tonnes of barley to be exported to all third coun­
200 000 tonnes of barley held by the United Kingdom                  tries. Customs export formalities may not be completed
intervention agency ;                                                before 1 July 1995.
                                                                     2. The regions in which the 200 000 tonnes of barley
Whereas the proposed invitation to tender for the export             are stored are stated in Annex I to this 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                 1 . The export licences shall be valid from their date of
2131 /93, which provides for a maximum delay of one                  issue, within the meaning of Article 9 of Regulation
month between acceptance of the tender and payment                   (EEC) No 2131 /93, until the end of the following fourth
and also a derogation from the third paragraph of Article            month .
16 of the said Regulation, application of which would
have led to the price accepted already being increased by            2. Tenders submitted in response to this invitation to
monthly increments for the removal of the cereals from               tender shall be admissible only if they are accompanied
the intervention store in July, whereas export was not               by a written undertaking to export beginning on 1 July
scheduled previously ;                                               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 P).
submitted for intervention stocks is the date of payment
for cereals as fixed by Commission Regulation (EEC) No
                                                                                               Article 4
1068/93 f), as last amended by Regulation (EC) No
157/95 (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 ;                                              18 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
f)  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.
h OJ No L 24, 1 . 2. 1995, p. 1 .                                    0 OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak---   No L 108 /34       I EN I             Official Journal of the European Communities                                   13 . 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 United                        — 2 kg/hi for the specific weight, which must not,
  Kingdom intervention agency.                                               however, be less than 60 kg/hi,
                                                                        — one percentage point for the moisture content,
                           Article 5                                    — half a percentage point for the impurities referred
                                                                             to in B.2 and B.4 of the Annex to Regulation
 The following provisions shall apply to tenders submitted                   (EEC) No 689/92 0,
 before 1 July 1995 :                                                        and
 — notwithstanding the first subparagraph of Article 1 6 of             — half a percentage point for the impurities referred
      Regulation (EEC) No 2131 /93, the payment must be                      to in point B.5 of the Annex to Commission
      made not later than 31 July 1995,                                      Regulation (EEC) No 689/92, the percentage
 — notwithstanding the third subparagraph of Article 16                      admissible for noxious grains and ergot, however
      of Regulation (EEC) No 2131 /93, the price to be paid                  remaining unchanged,
      for products for export shall be that indicated in the
      tender,                                                           the successful tenderer must accept the lot as estab­
                                                                        lished ;
 — without prejudice to the possibility of fixing the agri­
      cultural conversion rate in advance, tenders shall be
      converted using the agricultural conversion rate appli­      (c) greater than the minimum characteristics required for
      cable on the date of the payment of cereals of the                intervention but below the quality described in the
                                                                        notice of invitation to tender with the difference
      batch concerned.
                                                                        surpassing the limit referred to in point (b), the
                                                                        successful tenderer may :
                           Article 6
                                                                        — 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 barley of the
                                                                            quality laid down, and that without additional
                                                                            charges, the security shall not be released. The lot
 1 . The intervention agency, the storer and the                            must be replaced within a maximum of three days
 successful tenderer, if he so wishes, shall by common                      from the date of the successful tenderer's request.
 agreement, either before or at the moment of removal                       The successful tenderer shall immediately inform
 from storage, as the successful tenderer chooses, take                     the   Commission     thereof  in  accordance    with
reference samples at the rate of at least one sample for                    Annex II ;
every 500 tonnes, and shall analyse the samples. The
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 barley of the quality laid down, without addi­
taken on removal from storage. If the final result of the              tional charges. In this case, the security shall not be
sample analyses indicates a quality :                                  released. The lot must be replaced within a maximum
                                                                       of three days from the date of the successful tenderer's
(a) greater than that specified in the notice of invitation            request. The successful tenderer shall immediately
     to tender, the successful tenderer must accept the lot            inform the Commission thereof in accordance with
     as established ;                                                  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---  13 . 5 . 95         EN               Official Journal of the European Communities                            No L 108 /35
2. However, if the barley is removed before the results         silage costs. The cost of any additional analyses requested
of the analysis are known, all risks shall be borne by the      by the successful tenderer shall be borne by him.
successful tenderer from the time of removal of the lot,
without prejudice to the forms of recourse the successful
tenderer may have against the storer.                                                     Article 8
3. If, the successive replacements, the successful
                                                                The United Kingdom 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.
4. The costs of the taking of samples and the analyses
referred to in paragraph 1 , except those where the final                                 it rticle 9
result of the analyses produces a quality inferior to the
minimum characteristics required for intervention, shall        This Regulation shall enter into force on the day of its
be borne by the EAGGF up to a maximum of one                    publication in the Official Journal of the European
analysis per 500 tonnes with the exception of the trans­        Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 12 May 1995.
                                                                         For the Commission
                                                                            Franz FISCHLER
                                                                     Member of the Commission
 ---pagebreak--- No L 108/36  TEN                 Official Journal of the European Communities                                   13 . 5. 95
                                                          ANNEX I
                                                                                          (tonnes)
                                           Place of storage                    Quantity
                            England                                            1 33 000
                            Scotland                                             61 000
                                                         ANNEX II
            Communication of refusal of lots under the standing invitation to tender for the export of
                 200 000 tonnes of barley held by the United Kingdom intervention agency
                                     (Article 7 (1 ) of Regulation (EC) No 1070/95)
            — Name of successful tenderer :
            — Date of award of contract :
            — Date of refusal of lot by successful tenderer :
               Lot          Quantity        Address
                           in tonnes        of silo
                                                                     Reason for refusal to take over .
               No
                                                          — Specific weight (kg/hi)
                                                          — % sprouted grains
                                                          — % miscellaneous impurities (Schwarzbesatz)
                                                          — % of matter which is not basic cereal of unimpaired
                                                            quality
                                                          — Other
 ---pagebreak--- 13 . 5. 95      EN                  Official Journal of the European Communities                                          No L 108 /37
                                                           ANNEX III
           Standing invitation to tender for the export of 200 000 tonnes of barley held by the United
                                                Kingdom intervention agency
                                                  (Regulation. (EC) No 1070/95)
                   1              2                3               4               5              6                7
                                                                            Price increases
                                                              Offer price       (+) or       Commercial
                Tender       Consignment       Quantity                       reductions
                  No             No            (tonnes)      (ECU/tonne)          (-)
                                                                                                costs         Destination
                                                                  0)         (ECU/tonne)    (ECU/tonne)
                                                                                 p.m.
                   1
                   2
                   3
                  etc .
           (') This pnce 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.