CELEX: 31999R1185
Language: en
Date: 1999-06-08 00:00:00
Title: Commission Regulation (EC) No 1185/1999 of 8 June 1999 opening a standing invitation to tender for the export of barley held by the Spanish intervention agency

9. 6. 1999             EN               Official Journal of the European Communities                                  L 144/7
                                  COMMISSION REGULATION (EC) No 1185/1999
                                                       of 8 June 1999
                   opening a standing invitation to tender for the export of barley held by the
                                               Spanish intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European
Community,                                                                                    Article 1
Having regard to Council Regulation (EEC) No 1766/92               Subject to the provisions of this Regulation, the Spanish
of 30 June 1992 on the common organisation of the                  intervention agency issues a standing invitation to tender
market in cereals (1), as last amended by Commission               for the export of barley held by it in accordance with
Regulation (EC) No 923/96 (2), and in particular Article 5         Regulation (EEC) No 2131/93.
thereof,
(1)    Whereas Commission Regulation (EEC) No 2131/                                           Article 2
       93 (3), as last amended by Regulation (EC) No 39/
       1999 (4), lays down the procedure and conditions
                                                                   1.    The invitation to tender shall cover a maximum of
       for the disposal of cereals held by intervention
                                                                   375 000 tonnes of barley for export to third countries,
       agencies;
                                                                   with the exception of the United States of America,
                                                                   Canada and Mexico.
(2)    Whereas a standing invitation to tender should be
       opened for the export of 375 000 tonnes of barley
                                                                   However, the customs export formalities for tenders
       held by the Spanish intervention agency;
                                                                   submitted on or after 17 June 1999 shall be completed
                                                                   only on or after 1 July 1999.
(3)    Whereas the invitation to tender for the export of
       intervention stocks is unusual in that it will also
       operate at the end of the marketing year, i.e. in           2.    The regions in which the 375 000 tonnes of barley
       June 1999; whereas, therefore, in the case of               are stored are set out in Annex I.
       tenders made between 17 and 30 June 1999, deliv-
       eries will be possible only from 1 July 1999;
       whereas provision must accordingly be made to                                          Article 3
       derogate from the first paragraph of Article 16 of
       Regulation (EEC) No 2131/93, which stipulates               1.    Notwithstanding the third paragraph of Article 16 of
       that payments must be made no later than one                Regulation (EEC) No 2131/93, the price to be paid for the
       month after acceptance of the tender;                       export shall be that quoted in the tender.
(4)    Whereas special procedures must be laid down to             2.    No export refund or tax or monthly increase shall
       ensure that the operations and their monitoring are         be granted on exports carried out pursuant to this Regula-
       properly effected; whereas, to that end, provision          tion.
       should be made for a security lodgement scheme
       which ensures that aims are met while avoiding              3.    Article 8(2) of Regulation (EEC) No 2131/93 shall
       excessive costs for the operators; whereas deroga-          not apply.
       tions should accordingly be made to certain rules,
       in particular those laid down in Regulation (EEC)
       No 2131/93;                                                                            Article 4
(5)    Whereas, where removal of the barley is delayed by          1.    The export licences shall be valid from their date of
       more than five days or the release of one of the            issue within the meaning of Article 9 of Regulation (EEC)
       securities required is delayed for reasons imputable        No 2131/93 until the end of the fourth month thereafter.
       to the intervention agency the Member State
       concerned must pay compensation;                            2.    Between 17 and 30 June 1999, tenders submitted
                                                                   under this invitation to tender shall not be admissible
(6)    Whereas the measures provided for in this Regula-           unless they are accompanied by a written undertaking to
       tion are in accordance with the opinion of the              export only on or after 1 July 1999. The tenders may not
       Management Committee for Cereals,                           be accompanied by applications for export licences
                                                                   submitted under Article 44 of Commission Regulation
(1) OJ L  181, 1.7.1992, p. 21.                                    (EEC) No 3719/88 (5).
(2) OJ L  126, 24.5.1996, p. 37.
(3) OJ L  191, 31.7.1993, p. 76.
(4) OJ L  5, 9.1.1999, p. 64.                                      (5) OJ L 331, 2.12.1988, p. 1.
 ---pagebreak--- L 144/8              EN                 Official Journal of the European Communities                                   9. 6. 1999
                          Article 5                                     differences having regard to those criteria do not
                                                                        exceed the following limits:
1.    Notwithstanding Article 7(1) of Regulation (EEC)
No 2131/93, the time limit for submission of tenders in                  two kilograms per hectolitre as regards specific
respect of the first partial invitation to tender shall be 9                weight, which must not, however, be less than
a.m. (Brussels time) on 10 June 1999.                                       60 kg/hl,
2.    The time limit for submission of tenders in respect                one percentage point as regards moisture content,
of subsequent partial invitations to tender shall be 9 a.m.              half a percentage point as regards impurities as
(Brussels time) each Thursday thereafter.                                   specified in points B.2 and B.4 of the Annex to
                                                                            Commission Regulation (EEC) No 689/92 (1), and
3.    The last partial invitation to tender shall be 9 a.m.
(Brussels time) on 30 September 1999.                                    half a percentage point as regards impurities as
                                                                            specified in point B.5 of the Annex to Regulation
4.    Tenders shall be lodged with the Spanish interven-                    (EEC) No 689/92, the percentages admissible for
tion agency.                                                                noxious grains and ergot, however, remaining
                                                                            unchanged,
                          Article 6                                     the successful tenderer must accept the lot as estab-
                                                                        lished;
In the case of tenders submitted between 17 and 30 June
1999, the following conditions shall apply:                        (c) higher than the minimum characteristics laid down
 notwithstanding the first paragraph of Article 16 of                  for intervention but below the quality described in the
    Regulation (EEC) No 2131/93, the cereals must be                    notice of invitation to tender, and a difference
    paid for by 31 July 1999, at the latest.                            exceeding the limits set out in point (b), the successful
                                                                        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 7                                         obligations relating to the lot in question and the
                                                                            securities shall be released only once he has
In the case of licences applied for between 17 and 30                       informed the Commission and the intervention
June 1999, without prejudice to Article 17(3) of Regula-                    agency forthwith in accordance with Annex II;
tion (EEC) No 2131/93, the security referred to in the                      however, if he requests the intervention agency to
second indent of Article 17(2) of that Regulation shall be                  supply him with another lot of intervention barley
released of Article 17(2) of that Regulation shall be                       of the quality laid down at no additional charge,
released only when proof is provided that the customs                       the security shall not be released. The lot must be
export formalities were completed on or after 1 July 1999.                  replaced within three days of the date of the
                                                                            successful tenderer’s request. The successful
                                                                            tenderer shall notify the Commission immediately
                          Article 8
                                                                            thereof in accordance with Annex II;
1.    The intervention agency, the storer and the
successful tenderer shall, at the request of the latter and        (d) below the minimum characteristics laid down for
by common agreement, either before or at the time of                    intervention, the successful tenderer may not remove
removal from storage as the successful tenderer chooses,                the lot in question. He shall be discharged of all his
take reference samples for counter-analysis at the rate of              obligations relating to the lot in question and the
at least one sample for every 500 tonnes and shall analyse              securities shall be released only once he has informed
the samples. The intervention agency may be represented                 the Commission and the intervention agency forth-
by a proxy, provided this is not the storer.                            with in accordance with Annex II; however, he may
                                                                        request the intervention agency to supply him with
The analyses results shall be forwarded to the Commis-                  another lot of intervention barley of the quality laid
sion in the event of a dispute.                                         down at no additional charge. In that case, the security
                                                                        shall not be released. The lot must be replaced within
Reference samples for counter-analysis shall be taken and               three days of the date of the successful tenderer’s
analysed within seven working days of the date of the                   request. The successful tenderer shall immediately
successful tenderer’s request or within three working days              inform the Commission thereof in accordance with
if the samples are taken on removal from storage. Where                 Annex II.
the final result of sample analyses indicates a quality:
                                                                   2.     However, if the barley is removed before the results
(a) higher than that specified in the notice of invitation         of the analyses are known, all risks shall be borne by the
    to tender, the successful tenderer must accept the lot         successful tenderer from the time the lot is removed,
    as established;                                                without prejudice to any means of redress of which he
(b) higher than the minimum characteristics laid down              may avail himself against the storer.
    for intervention but below the quality described in the
    notice of invitation to tender, providing that the             (1) OJ L 74, 20.3.1992, p. 18.
 ---pagebreak--- 9. 6. 1999            EN                Official Journal of the European Communities                                  L 144/9
3.     If, as a result of successive replacements, the                                       Article 10
successful tenderer has not received a replacement lot of
the quality laid down within one month of the date of his          1.     The security lodgement pursuant to Article 13(4) of
request for a replacement, he shall be discharged of all his       Regulation (EEC) No 2131/93 must be released once the
obligations and the securities shall be released once he           export licences have been issued to the successful
has informed the Commission and the intervention                   tenderers.
agency forthwith in accordance with Annex II.
                                                                   2.     Notwithstanding Article 17 of Regulation (EEC) No
                                                                   2131/93, the obligation to export shall be covered by a
4.     Except where the final results of analyses indicate a       security equal to the difference between the intervention
quality below the minimum characteristics laid down for            price applying on the day of the award and the price
intervention, the costs of taking the samples and                  awarded but not less than EUR 10 per tonne. Half of the
conducting the analyses provided for in paragraph 1 but            security shall be lodged when the licence is issued and
not of inter-bin transfers shall be borne by the EAGGF in          the balance shall be lodged before the cereals are
respect of up to one analysis per 500 tonnes. The costs of         removed.
inter-bin transfers and any additional analyses requested
by the successful tenderer shall be borne by him.
                                                                   Notwithstanding Article 15(2) of Regulation (EEC) No
                                                                   3002/92:
                                                                    the part of the security lodged when the licence is
                                                                        issued must be released within 20 working days of the
                           Article 9                                    date on which the successful tenderer provides proof
                                                                        that the cereals removed have left the customs terri-
                                                                        tory of the Community.
By derogation from Article 12 of Commission Regulation
(EEC) No 3002/92 (1), the documents relating to the sale           Notwithstanding Article 17(3) of Regulation (EEC) No
of barley in accordance with this Regulation, and in               2131/93:
particular the export licence, the removal order referred to
in Article 3(1)(b) of Regulation (EEC) No 3002/92, the              the remainder must be released within 15 working
export declaration and, where necessary, the T5 copy shall              days of the date on which the successful tenderer
carry the entry:                                                        provides the proof referred to in Article 18 of
                                                                        Commission Regulation (EEC) No 3665/87 (2).
 Cebada de intervención sin aplicación de restitución
     ni gravamen, Reglamento (CE) no 1185/1999                     3.     Except in duly substantiated exceptional cases, in
                                                                   particular the opening of an administrative enquiry, any
 Byg fra intervention uden restitutionsydelse eller               release of the securities provided for in this Article after
     -afgift, forordning (EF) nr. 1185/1999                        the time limits specified in this same Article shall confer
 Interventionsgerste ohne Anwendung von Ausfuhrer-                an entitlement to compensation from the Member State
     stattungen oder Ausfuhrabgaben, Verordnung (EG)               amounting to EUR 0,015 per 10 tonnes for each day’s
     Nr. 1185/1999                                                 delay.
 Κριθ παρµβαση χωρ εφαρµογ επιστροφ                         This compensation shall not be charged to the European
     φρου, κανονισµ (ΕΚ) αριθ. 1185/1999                         Agricultural Guidance and Guarantee Fund (EAGGF).
 Intervention barley without application of refund or
     tax, Regulation (EC) No 1185/1999
                                                                                             Article 11
 Orge d’intervention ne donnant pas lieu à restitution
     ni taxe, règlement (CE) no 1185/1999
                                                                   Within two hours of the expiry of the time limit for the
 Orzo d’intervento senza applicazione di restituzione             submission of tenders, the Spanish intervention agency
     né di tassa, regolamento (CE) n. 1185/1999                    shall notify the Commission of tenders received. Such
                                                                   notification shall be made using the model set out in
 Gerst uit interventie, zonder toepassing van restitutie          Annex III and the telex or fax numbers set out in Annex
     of belasting, Verordening (EG) nr. 1185/1999                  IV.
 Cevada de intervenção sem aplicação de uma resti-
     tuição ou imposição, Regulamento (CE) n.o 1185/1999
                                                                                             Article 12
 Interventio-ohraa, johon ei sovelleta vientitukea eikä
     vientimaksua, asetus (EY) N:o 1185/1999
                                                                   This Regulation shall enter into force on the day of its
 Interventionskorn, utan tillämpning av bidrag eller              publication in the Official Journal of the European
     avgift, förordning (EG) nr 1185/1999.                         Communities.
(1) OJ L 304, 17.10.1992, p. 17.                                   (2) OJ L 351, 14.12.1987, p. 1.
 ---pagebreak--- L 144/10     EN               Official Journal of the European Communities                      9. 6. 1999
         This Regulation shall be binding in its entirety and directly applicable in all Member
         States.
         Done at Brussels, 8 June 1999.
                                                                 For the Commission
                                                                    Franz FISCHLER
                                                               Member of the Commission
 ---pagebreak--- 9. 6. 1999    EN                  Official Journal of the European Communities                            L 144/11
                                                           ANNEX I
                                                                                         (tonnes)
                                           Place of storage                   Quantity
                           Álava                                                 2 000
                           Aragón                                              60 900
                           Castilla-La Mancha                                  32 710
                           Castilla y León                                    236 330
                           La Rioja                                              3 000
                           Navarra                                             40 060
                                                          ANNEX II
           Communication of refusal of lots under the standing invitation to tender for the export of
                                barley held by the Spanish intervention agency
                                    (Article 8(1) of Regulation (EC) No 1185/1999)
            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 144/12          EN                    Official Journal of the European Communities                                        9. 6. 1999
                                                              ANNEX III
            Standing invitation to tender for the export of barley held by the Spanish intervention
                                                                  agency
                                                    (Regulation (EC) No 1185/1999)
                    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).