CELEX: 31999R0245
Language: en
Date: 1999-02-01 00:00:00
Title: Commission Regulation (EC) No 245/1999 of 1 February 1999 opening a standing invitation to tender for the export of barley held by the Danish intervention agency

2. 2. 1999            EN                Official Journal of the European Communities                                   L 27/11
                                    COMMISSION REGULATION (EC) No 245/1999
                                                     of 1 February 1999
                  opening a standing invitation to tender for the export of barley held by the
                                                Danish 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,                                                         75 000 tonnes of barley for export to third countries, with
                                                                   the exception of the United States, Canada and Mexico.
Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of the                  2. The regions in which the 75 000 tonnes of barley are
market in cereals (1), as last amended by Commission               stored are set out in Annex I.
Regulation (EC) No 923/96 (2), and in particular Article 5
thereof,
                                                                                              Article 3
Whereas Commission Regulation (EEC) No 2131/93 (3),
as last amended by Regulation (EC) No 39/1999 (4), lays
down the procedure and conditions for the disposal of              1. Notwithstanding the third paragraph of Article 16 of
cereals held by intervention agencies;                             Regulation (EEC) No 2131/93, the price to be paid for the
                                                                   export shall be that quoted in the tender.
Whereas, given the current market situation, a standing
invitation to tender should be opened for the export of            2. No export refund or tax or monthly increase shall be
75 000 tonnes of barley held by the Danish intervention            granted on exports carried out pursuant to this Regula-
agency;                                                            tion.
Whereas special procedures must be laid down to ensure             3. Article 8(2) of Regulation (EEC) No 2131/93 shall
that the operations and their monitoring are properly              not apply.
effected; whereas, to that end, provision should be made
for a security lodgement scheme which ensures that aims
are met while avoiding excessive costs for the operators;                                     Article 4
whereas derogations should accordingly be made to
certain rules, in particular those laid down in Regulation         1. The export licences shall be valid from their date of
(EEC) No 2131/93;                                                  issue within the meaning of Article 9 of Regulation (EEC)
                                                                   No 2131/93 until the end of the fourth month thereafter.
Whereas, where removal of the barley is delayed by more
than five days or the release of one of the securities             2. Tenders submitted in response to this invitation to
required is delayed for reasons imputable to the interven-         tender may not be accompanied by export licence
tion agency the Member State concerned must pay                    applications submitted pursuant to Article 44 of Commis-
compensation;                                                      sion Regulation (EEC) No 3719/88 (5).
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                                              Article 5
Committee for Cereals,
                                                                   1. Notwithstanding Article 7(1) of Regulation (EEC) No
                                                                   2131/93, the time limit for submission of tenders in
                                                                   respect of the first partial invitation to tender shall be 9
HAS ADOPTED THIS REGULATION:                                       a.m. (Brussels time) on 4 February 1999.
                                                                   2. The time limit for submission of tenders in respect
                            Article 1                              of subsequent partial invitations to tender shall be 9 a.m.
                                                                   (Brussels time) each Thursday thereafter.
Subject to the provisions of this Regulation the Danish
intervention agency issues a standing invitation to tender         3. The last partial invitation to tender shall be 9 a.m.
for the export of barley held by it in accordance with             (Brussels time) on 27 May 1999.
Regulation (EEC) No 2131/93.
                                                                   4. Tenders shall be lodged with the Danish interven-
(1) OJ L 181,  1. 7. 1992, p. 21.                                  tion agency.
(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 27/12               EN                 Official Journal of the European Communities                                  2. 2. 1999
                           Article 6                                         the security shall not be released. The lot must be
                                                                             replaced within three days of the date of the
1. The intervention agency, the storer and the                               successful tenderer’s request. The successful
successful tenderer shall, at the request of the latter and                  tenderer shall notify the Commission immediately
by common agreement, either before or at the time of                         thereof in accordance with Annex II;
removal from storage as the successful tenderer chooses,
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
                                                                         securities shall be released only once he has informed
The analysis results shall be forwarded to the Commission                the Commission and the intervention agency forth-
in the event of a dispute.                                               with in accordance with Annex II; however, he may
                                                                         request the intervention agency to supply him with
Reference samples for counter-analysis shall be taken and                another lot of intervention barley of the quality laid
analysed within seven working days of the date of the                    down at no additional charge. In that case, the security
successful tenderer’s request or within three working days               shall not be released. The lot must be replaced within
if the samples are taken on removal from storage. Where                  three days of the date of the successful tenderer’s
the final result of sample analyses indicates a quality:                 request. The successful tenderer shall immediately
                                                                         inform the Commission thereof in accordance with
(a) higher than that specified in the notice of invitation               Annex II.
     to tender, the successful tenderer must accept the lot
     as established;
                                                                    2. However, if the barley is removed before the results
(b) higher than the minimum characteristics laid down               of the analyses are known, all risks shall be borne by the
     for intervention but below the quality described in the        successful tenderer from the time the lot is removed,
     notice of invitation to tender, providing that the             without prejudice to any means of redress of which he
     differences having regard to those criteria do not             may avail himself against the storer.
     exceed the following limits:
     — two kilograms per hectolitre as regards specific             3. If, as a result of successive replacements, the
         weight, which must not, however, be less than 60           successful tenderer has not received a replacement lot of
         kg/hl,                                                     the quality laid down within one month of the date of his
     — one percentage point as regards moisture content,            request for a replacement, he shall be discharged of all his
     — half a percentage point as regards impurities as             obligations and the securities shall be released once he
         specified in points B.2 and B.4 of the Annex to            has informed the Commission and the intervention
         Commission Regulation (EEC) No 689/92 (1), and             agency forthwith in accordance with Annex II.
     — half a percentage point as regards impurities as
         specified in point B.5 of the Annex to Regulation          4. Except where the final results of analyses indicate a
         (EEC) No 689/92, the percentages admissible for            quality below the minimum characteristics laid down for
         noxious grains and ergot, however, remaining               intervention, the costs of taking the samples and
         unchanged,                                                 conducting the analyses provided for in paragraph 1 but
     the successful tenderer must accept the lot as estab-          not of inter-bin transfers shall be borne by the European
     lished;                                                        Agricultural Guidance and Guarantee Fund (EAGGF) in
                                                                    respect of up to one analysis per 500 tonnes. The costs of
(c) higher than the minimum characteristics laid down               inter-bin transfers and any additional analyses requested
     for intervention but below the quality described in the        by the successful tenderer shall be borne by him.
     notice of invitation to tender, and a difference
     exceeding the limits set out in point (b), the successful
     tenderer may:
     — accept the lot as established, or                                                       Article 7
     — refuse to take over the lot in question. The
         successful tenderer shall be discharged of all his
         obligations relating to the lot in question and the        By derogation from Article 12 of Commission Regulation
         securities shall be released only once he has              (EEC) No 3002/92 (2), the documents relating to the sale
         informed the Commission and the intervention               of barley in accordance with this Regulation, and in
         agency forthwith in accordance with Annex II;              particular the export licence, the removal order referred to
         however, if he requests the intervention agency to         in Article 3(1)(b) of Regulation (EEC) No 3002/92, the
         supply him with another lot of intervention barley         export declaration and, where necessary, the T5 copy shall
         of the quality laid down at no additional charge,          carry the entry:
(1) OJ L 74, 20. 3. 1992, p. 18.                                    (2) OJ L 301, 17. 10. 1992, p. 17.
 ---pagebreak--- 2. 2. 1999            EN               Official Journal of the European Communities                                   L 27/13
— Cebada de intervención sin aplicación de restitución            Notwithstanding Article 15(2) of Regulation (EEC) No
    ni gravamen, Reglamento (CE) no 245/1999                      3002/92:
— Byg fra intervention uden restitutionsydelse eller              — the part of the security lodged when the licence is
    -afgift, forordning (EF) nr. 245/1999                             issued must be released within 20 working days of the
— Interventionsgerste ohne Anwendung von Ausfuhrer-                   date on which the successful tenderer provides proof
    stattungen oder Ausfuhrabgaben, Verordnung (EG)                   that the cereals removed have left the customs ter-
    Nr. 245/1999                                                      ritory of the Community.
— Κριθ παρµβασηr χωρr εφαρµογ επιστροφr 
    φρου, κανονισµr (ΕΚ) αριθ. 245/1999                         Notwithstanding Article 17(3) of Regulation (EEC) No
— Intervention barley without application of refund or            2131/93:
    tax, Regulation (EC) No 245/1999                              — the remainder must be released within 15 working
— Orge d’intervention ne donnant pas lieu à restitution               days of the date on which the successful tenderer
    ni taxe, règlement (CE) no 245/1999                               provides the proof referred to in Article 18 of Regula-
— Orzo d’intervento senza applicazione di restituzione                tion (EEC) No 3665/87.
    né di tassa, regolamento (CE) n. 245/1999
                                                                  3. Except in duly substantiated exceptional cases, in
— Gerst uit interventie, zonder toepassing van restitutie         particular the opening of an administrative enquiry, any
    of belasting, Verordening (EG) nr. 245/1999                   release of the securities provided for in this Article after
— Cevada de intervenção sem aplicação de uma resti-               the time limits specified in this same Article shall confer
    tuição ou imposição, Regulamento (CE) nº 245/1999             an entitlement to compensation from the Member State
— Interventio-ohraa, johon ei sovelleta vientitukea eikä          amounting to EUR 0,015 per 10 tonnes for each day’s
    vientimaksua, asetus (EY) N:o 245/1999                        delay.
— Interventionskorn, utan tillämpning av bidrag eller
    avgift, förordning (EG) nr 245/1999.                          This compensation shall not be charged to the EAGGF.
                          Article 8                                                         Article 9
1. The security lodgement pursuant to Article 13(4) of            Within two hours of the expiry of the time limit for the
Regulation (EEC) No 2131/93 must be released once the             submission of tenders, the Danish intervention agency
export licences have been issued to the successful                shall notify the Commission of tenders received. Such
tenderers.                                                        notification shall be made using the model set out in
2. Notwithstanding Article 17 of Regulation (EEC) No              Annex III and the telex or fax numbers set out in Annex
2131/93, the obligation to export shall be covered by a           IV.
security equal to the difference between the intervention
price applying on the day of the award and the price                                       Article 10
awarded but not less than EUR 10 per tonne. Half of the
security shall be lodged when the licence is issued and           This Regulation shall enter into force on the day of its
the balance shall be lodged before the cereals are                publication in the Official Journal of the European
removed.                                                          Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 1 February 1999.
                                                                             For the Commission
                                                                               Franz FISCHLER
                                                                         Member of the Commission
 ---pagebreak--- L 27/14    EN                  Official Journal of the European Communities                               2. 2. 1999
                                                       ANNEX I
                                                                                      (tonnes)
                                       Place of storage                   Quantity
                        Jylland                                            54 017
                        Fyn                                                 2 998
                        Sjælland                                           17 985
                                                      ANNEX II
        Communication of refusal of lots under the standing invitation to tender for the export of
                              barley held by the Danish intervention agency
                                 (Article 6(1) of Regulation (EC) No 245/1999)
         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 unim-
                                                           paired quality
                                                          Other
 ---pagebreak--- 2. 2. 1999      EN                     Official Journal of the European Communities                                        L 27/15
                                                              ANNEX III
           Standing invitation to tender for the export of barley held by the Danish intervention
                                                                 agency
                                                    (Regulation (EC) No 245/1999)
                   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).