CELEX: 31998R1761
Language: en
Date: 1998-08-07 00:00:00
Title: Commission Regulation (EC) No 1761/98 of 7 August 1998 opening a standing invitation to tender for the export of sorghum held by the French intervention agency

L 221/18            ¬ EN ¬             Official Journal of the European Communities                                  8. 8. 98
                                    COMMISSION REGULATION (EC) No 1761/98
                                                     of 7 August 1998
                  opening a standing invitation to tender for the export of sorghum 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,                                                       64 000 tonnes of sorghum for export to third countries.
Having regard to Council Regulation (EEC) No 1766/92             2. The regions in which the 64 000 tonnes of sorghum
of 30 June 1992 on the common organisation of the                are stored are set out in Annex I.
market in cereals (1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article 5                                 Article 3
thereof,
                                                                 1. Notwithstanding the third paragraph of Article 16 of
Whereas Commission Regulation (EEC) No 2131/93 (3),              Regulation (EEC) No 2131/93, the price to be paid for the
as last amended by Regulation (EC) No 2193/96 (4), lays          export shall be that quoted in the tender.
down the procedure and conditions for the disposal of
cereals held by intervention agencies;                           2. No export refund or tax or monthly increase shall
                                                                 be granted on exports carried out pursuant to this Regula-
Whereas, given the current market situation, a standing          tion.
invitation to tender should be opened for the export of
                                                                 3. Article 8(2) of Regulation (EEC) No 2131/93 shall
64 000 tonnes of sorghum held by the French interven-
                                                                 not apply.
tion agency;
Whereas special procedures must be laid down to ensure                                     Article 4
that the operations and their monitoring are properly
effected; whereas, to that end, provision should be made         1. The export licences shall be valid from their date of
for a security lodgement scheme which ensures that aims          issue within the meaning of Article 9 of Regulation (EEC)
are met while avoiding excessive costs for the operators;        No 2131/93 until the end of the fourth month thereafter.
whereas derogations should accordingly be made to
certain rules, in particular those laid down in Regulation       2. Tenders submitted in response to this invitation to
(EEC) No 2131/93;                                                tender may not be accompanied by export licence ap-
                                                                 plications submitted pursuant to Article 44 of Commis-
Whereas, where removal of the sorghum is delayed by              sion Regulation (EEC) No 3719/88 (5).
more than five days or the release of one of the securities
required is delayed for reasons imputable to the interven-                                 Article 5
tion agency the Member State concerned must pay
compensation;                                                    1. Notwithstanding Article 7(1) of Regulation (EEC)
                                                                 No 2131/93, the time limit for submission of tenders in
Whereas the measures provided for in this Regulation are         respect of the first partial invitation to tender shall be 9
in accordance with the opinion of the Management                 a.m. (Brussels time) on 13 August 1998.
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.
                                                                 (Brussels time) on 27 May 1999.
                           Article 1                             4. Tenders shall be lodged with the French interven-
                                                                 tion agency.
Subject to the provisions of this Regulation the French
intervention agency issues a standing invitation to tender
for the export of sorghum held by it in accordance with                                    Article 6
Regulation (EEC) No 2131/93.                                     1. The intervention agency, the storer and the
                                                                 successful tenderer shall, at the request of the latter and
(1) OJ L  181, 1. 7. 1992, p. 21.                                by common agreement, either before or at the time of
(2) OJ L  126, 24. 5. 1996, p. 37.
(3) OJ L  191, 31. 7. 1993, p. 76.
(4) OJ L  293, 16. 11. 1996, p. 1.                               (5) OJ L 331, 2. 12. 1988, p. 1.
 ---pagebreak--- 8. 8. 98            ¬ EN ¬              Official Journal of the European Communities                                 L 221/19
removal from storage as the successful tenderer chooses,                   must be replaced within three days of the date of
take reference samples for counter-analysis at the rate of                 the successful tenderer’s request. The successful
at least one sample for every 500 tonnes and shall analyse                 tenderer shall notify the Commission immediately
the samples. The intervention agency may be represented                    thereof in accordance with Annex II;
by a proxy, provided this is not the storer.
                                                                  (d) below the minimum characteristics laid down for
The analysis results shall be forwarded to the Commission
                                                                       intervention, the successful tenderer may not remove
in the event of a dispute.
                                                                       the lot in question. He shall be discharged of all his
                                                                       obligations relating to the lot in question and the
Reference samples for counter-analysis shall be taken and              securities shall be released only once he has informed
analysed within seven working days of the date of the                  the Commission and the intervention agency forth-
successful tenderer’s request or within three working days             with in accordance with Annex II; however, he may
if the samples are taken on removal from storage. Where                request the intervention agency to supply him with
the final result of sample analyses indicates a quality:               another lot of intervention sorghum of the quality laid
                                                                       down at no additional charge. In that case, the security
                                                                       shall not be released. The lot must be replaced within
(a) higher than that specified in the notice of invitation to          three days of the date of the successful tenderer’s
     tender, the successful tenderer must accept the lot as            request. The successful tenderer shall immediately
     established;                                                      inform the Commission thereof in accordance with
                                                                       Annex II.
(b) higher than the minimum characteristics laid down
     for intervention but below the quality described in the
     notice of invitation to tender, providing that the dif-      2. However, if the sorghum is removed before the
     ferences having regard to those criteria do not exceed       results of the analyses are known, all risks shall be borne
     the following limits:                                        by the successful tenderer from the time the lot is
                                                                  removed, without prejudice to any means of redress of
     — one percentage point as regards moisture content,          which he may avail himself against the storer.
     — 0,1 percentage point for the tannin content,
                                                                  3. If, as a result of successive replacements, the
     — half a percentage point as regards impurities as           successful tenderer has not received a replacement lot of
         specified in points B.2 and B.4 of the Annex to          the quality laid down within one month of the date of his
         Commission Regulation (EEC) No 689/92 (1), and           request for a replacement, he shall be discharged of all his
                                                                  obligations and the securities shall be released once he
     — half a percentage point as regards impurities as           has informed the Commission and the intervention
         specified in point B.5 of the Annex to Regulation        agency forthwith in accordance with Annex II.
         (EEC) No 689/92, the percentages admissible for
         noxious grains, however, remaining unchanged,
                                                                  4. Except where the final results of analyses indicate a
                                                                  quality below the minimum characteristics laid down for
     the successful tenderer must accept the lot as estab-
                                                                  intervention, the costs of taking the samples and con-
     lished;
                                                                  ducting the analyses provided for in paragraph 1 but not
                                                                  of inter-bin transfers shall be borne by the European
(c) higher than the minimum characteristics laid down             Agricultural Guidance and Guarantee Fund (EAGGF) in
     for intervention but below the quality described in the      respect of up to one analysis per 500 tonnes. The costs of
     notice of invitation to tender, and a difference ex-         inter-bin transfers and any additional analyses requested
     ceeding the limits set out in point (b), the successful      by the successful tenderer shall be borne by him.
     tenderer may:
     — accept the lot as established, or
     — refuse to take over the lot in question. The                                          Article 7
         successful tenderer shall be discharged of all his
         obligations relating to the lot in question and the
         securities shall be released only once he has            By derogation from Article 12 of Commission Regulation
         informed the Commission and the intervention             (EEC) No 3002/92 (2), the documents relating to the sale
         agency forthwith in accordance with Annex II;            of sorghum in accordance with this Regulation, and in
         however, if he requests the intervention agency to       particular the export licence, the removal order referred to
         supply him with another lot of intervention              in Article 3(1)(b) of Regulation (EEC) No 3002/92, the
         sorghum of the quality laid down at no additional        export declaration and, where necessary, the T5 copy shall
         charge, the security shall not be released. The lot      carry the entry:
(1) OJ L 74, 20. 3. 1992, p. 18.                                  (2) OJ L 301, 17. 10. 1992, p. 17.
 ---pagebreak--- L 221/20            ¬ EN ¬           Official Journal of the European Communities                                  8. 8. 98
— Sorgo de intervención sin aplicación de restitución ni        export licence is issued, with the balance of ECU 20 per
   gravamen, Reglamento (CE) no 1761/98                         tonne being lodged before removal of the cereals.
— Sorghum fra intervention uden restitutionsydelse eller        Article 15(2) of Regulation (EEC) No 3002/92 notwith-
   -afgift, forordning (EF) nr. 1761/98                         standing:
— Interventionssorghum ohne Anwendung von Ausfuh-               — the amount of ECU 30 per tonne must be released
   rerstattungen oder Ausfuhrabgaben, Verordnung (EG)               within 20 working days of the date on which the
   Nr. 1761/98                                                      successful tenderer supplies proof that the sorghum
— Σοργοr
      Ä      παρεµβασηr
                  Ä         χωρÄιr εφαρµογηÄ επιστροφηr Ä           removed has left the customs territory of the Com-
   ηÄ φορου,
        Ä       κανονισµοr Ä (ΕΚ) αριθ. 1761/98                     munity,
— Intervention sorghum without application of refund or         — the amount of ECU 20 per tonne must be released
   tax, Regulation (EC) No 1761/98                                  within 15 working days of the date on which the
— Sorgho d’intervention ne donnant pas lieu à restitu-              successful tenderer supplies the proof referred to in
   tion ni taxe, règlement (CE) no 1761/98                          Article 17(3) of Regulation (EEC) No 2131/93.
— Sorgo d’intervento senza applicazione di restituzione         3. Except in duly substantiated exceptional cases, in
   né di tassa, regolamento (CE) n. 1761/98                     particular the opening of an administrative enquiry, any
— Sorghum uit interventie, zonder toepassing van resti-         release of the securities provided for in this Article after
   tutie of belasting, Verordening (EG) nr. 1761/98             the time limits specified in this same Article shall confer
                                                                an entitlement to compensation from the Member State
— Sorgo de intervenção sem aplicação de uma restituição      amounting to ECU 0,015 per 10 tonnes for each day’s
   ou imposição, Regulamento (CE) në 1761/98                   delay.
— Interventiodurraa, johon ei sovelleta vientitukea eikä
   vientimaksua, asetus (EY) N:o 1761/98                        This compensation shall not be charged to the EAGGF.
— Interventionssockerhirs, utan tillämpning av bidrag
                                                                                          Article 9
   eller avgift, förordning (EG) nr 1761/98.
                                                                Within two hours of the expiry of the time limit for the
                                                                submission of tenders, the French intervention agency
                         Article 8                              shall notify the Commission of tenders received. Such
                                                                notification shall be made using the model set out in
1. The security lodgement pursuant to Article 13(4) of          Annex III and the telex or fax numbers set out in Annex
Regulation (EEC) No 2131/93 must be released once the           IV.
export licences have been issued to the successful ten-
derers.                                                                                  Article 10
2. The obligation to export to the third countries shall        This Regulation shall enter into force on the day of its
be covered by a security amounting to ECU 50 per tonne          publication in the Official Journal of the European
of which ECU 30 per tonne shall be lodged when the              Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 7 August 1998.
                                                                          For the Commission
                                                                        Monika WULF-MATHIES
                                                                     Member of the Commission
 ---pagebreak--- 8. 8. 98  ¬ EN ¬              Official Journal of the European Communities                                  L 221/21
                                                      ANNEX I
                                                                                    (tonnes)
                                       Place of storage                   Quantity
                         Région Sud-Ouest
                         (Bordeaux-Toulouse)                              46 000
                         Région Sud-Est
                         (Lyon-Montpellier)                               18 000
                                                     ANNEX II
         Communication of refusal of lots under the standing invitation to tender for the export of
                             sorghum held by the French intervention agency
                                  (Article 6(1) of Regulation (EC) No 1761/98)
         — 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
                                                      — % of tannins
                                                      — % sprouted grains
                                                      — % miscellaneous impurities (Schwarzbesatz)
                                                      — % of matter which is not basic cereal of unimpaired
                                                        quality
                                                      — Other
 ---pagebreak--- L 221/22    ¬ EN ¬                 Official Journal of the European Communities                                          8. 8. 98
                                                          ANNEX III
         Standing invitation to tender for the export of sorghum held by the French intervention
                                                              agency
                                                 (Regulation (EC) No 1761/98)
                 1               2                3               4               5              6                7
                                                                           Price increases
                                                             Offer price       (+) or      Commercial
              Tender       Consignment        Quantity                       reductions        costs         Destination
                No              No            (tonnes)      (ECU/tonne)          (–)
                                                                 (1)        (ECU/tonne)    (ECU/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).