CELEX: 32000R2026
Language: en
Date: 2000-09-26 00:00:00
Title: Commission Regulation (EC) No 2026/2000 of 26 September 2000 opening a standing invitation to tender for the export of rye held by the United Kingdom intervention agency

27.9.2000               EN                      Official Journal of the European Communities                                         L 242/13
                                          COMMISSION REGULATION (EC) No 2026/2000
                                                           of 26 September 2000
               opening a standing invitation to tender for the export of rye held by the United Kingdom
                                                             intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                2.     The regions in which the 15 444 tonnes of rye are stored
                                                                           are set out in Annex I.
Having regard to the Treaty establishing the European
Community,
                                                                                                         Article 3
Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in                      1.     Notwithstanding the third paragraph of Article 16 of
cereals (1), as last amended by Regulation (EC) No 1666/                   Regulation (EEC) No 2131/93, the price to be paid for the
2000 (2), and in particular Article 5 thereof,                             export shall be that quoted in the tender.
Whereas:                                                                   2.     No export refund or tax or monthly increase shall be
                                                                           granted on exports carried out pursuant to this Regulation.
(1)     Commission Regulation (EEC) No 2131/93 (3), as last
        amended by Regulation (EC) No 1630/2000 (4), lays                  3.     Article 8(2) of Regulation (EEC) No 2131/93 shall not
        down the procedure and conditions for the disposal of              apply.
        cereals held by intervention agencies.
(2)     Given the current market situation, a standing invitation                                        Article 4
        to tender should be opened for the export of 15 444
        tonnes of rye held by the United Kingdom intervention              1.     The export licences shall be valid from their date of issue
        agency.                                                            within the meaning of Article 9 of Regulation (EEC) No 2131/
                                                                           93 until the end of the fourth month thereafter.
(3)     Special procedures must be laid down to ensure that the
        operations and their monitoring are properly effected;             2.     Tenders submitted in response to this invitation to tender
        whereas, to that end, provision should be made for a               may not be accompanied by export licence applications
        security lodgement scheme which ensures that aims are              submitted pursuant to Article 44 of Commission Regulation
        met while avoiding excessive costs for the operators;              (EEC) No 3719/88 (5).
        whereas derogations should accordingly be made to
        certain rules, in particular those laid down in Regulation
        (EEC) No 2131/93.                                                                                Article 5
(4)     Where removal of the rye is delayed by more than five              1.     Notwithstanding Article 7(1) of Regulation (EEC) No
        days or the release of one of the securities required is           2131/93, the time limit for submission of tenders in respect of
        delayed for reasons imputable to the intervention agency           the first partial invitation to tender shall be 9 a.m. (Brussels
        the Member State concerned must pay compensation.                  time) on 5 October 2000.
(5)     Measures provided for in this Regulation are in accord-            2.     The time limit for submission of tenders in respect of
        ance with the opinion of the Management Committee                  subsequent partial invitations to tender shall be 9 a.m. (Brussels
        for Cereals,                                                       time) each Thursday thereafter.
                                                                           3.     The last partial invitation to tender shall be 9 a.m. (Brus-
                                                                           sels time) on 17.5.2001.
HAS ADOPTED THIS REGULATION:
                                                                           4.     Tenders shall be lodged with the United Kingdom inter-
                                                                           vention agency.
                               Article 1
Subject to the provisions of this Regulation the United                                                  Article 6
Kingdom intervention agency issues a standing invitation to
tender for the export of rye held by it in accordance with                 1.     The intervention agency, the storer and the successful
Regulation (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
                                                                           as the successful tenderer chooses, take reference samples for
                               Article 2                                   counter-analysis at the rate of at least one sample for every 500
                                                                           tonnes and shall analyse the samples. The intervention agency
1.     The invitation to tender shall cover a maximum of                   may be represented by a proxy, provided this is not the storer.
15 444 tonnes of rye for export to third countries.
                                                                           The analysis results shall be forwarded to the Commission in
(1) OJ L  181, 1.7.1992, p. 21.                                            the event of a dispute.
(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 242/14               EN                      Official Journal of the European Communities                                     27.9.2000
Reference samples for counter-analysis shall be taken and                      request. The successful tenderer shall immediately inform
analysed within seven working days of the date of the                          the Commission thereof in accordance with Annex II.
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 rye is removed before the results of the
result of sample analyses indicates a quality:                            analyses are known, all risks shall be borne by the successful
                                                                          tenderer from the time the lot is removed, without prejudice to
(a) higher than that specified in the notice of invitation to             any means of redress of which he may avail himself against the
     tender, the successful tenderer must accept the lot as estab-        storer.
     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-
                                                                          ance with Annex II.
     — one kilogram per hectolitre as regards specific weight,
         which must not, however, be less than 68 kg/hl,                  4.     Except where the final results of analyses indicate a
     — one percentage point as regards moisture content,                  quality below the minimum characteristics laid down for inter-
                                                                          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 Guarantee Fund (EAGGF) in respect of up to one analysis
                                                                          per 500 tonnes. The costs of inter-bin transfers and any addi-
         and                                                              tional analyses requested by the successful tenderer shall be
     — half a percentage point as regards impurities as speci-            borne by him.
         fied in point B.5 of the Annex to Regulation (EEC) No
         689/92, the percentages admissible for noxious grains
         and ergot, however, remaining unchanged,                                                      Article 7
    the successful tenderer must accept the lot as established;           By derogation from Article 12 of Commission Regulation (EEC)
                                                                          No 3002/92 (2), the documents relating to the sale of rye in
(c) higher than the minimum characteristics laid down for                 accordance with this Regulation, and in particular the export
     intervention but below the quality described in the notice           licence, the removal order referred to in Article 3(1)(b) of
     of invitation to tender, and a difference exceeding the limits       Regulation (EEC) No 3002/92, the export declaration and,
     set out in point (b), the successful tenderer may:                   where necessary, the T5 copy shall carry the entry:
     — accept the lot as established, or                                  — Centeno de intervención sin aplicación de restitución ni
                                                                              gravamen, Reglamento (CE) no 2026/2000,
     — refuse to take over the lot in question. The successful
         tenderer shall be discharged of all his obligations              — Rug fra intervention uden restitutionsydelse eller -afgift,
         relating to the lot in question and the securities shall be          forordning (EF) nr. 2026/2000,
         released only once he has informed the Commission                — Interventionsroggen ohne Anwendung von Ausfuhrerstat-
         and the intervention agency forthwith in accordance                  tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 2026/
         with Annex II; however, if he requests the intervention              2000,
         agency to supply him with another lot of intervention            — Σίκαλη παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου,
         rye of the quality laid down at no additional charge, the            κανονισµός (ΕΚ) αριθ. 2026/2000,
         security shall not be released. The lot must be replaced
         within three days of the date of the successful tenderer's       — Intervention rye without application of refund or tax, Regu-
         request. The successful tenderer shall notify the                    lation (EC) No 2026/2000,
         Commission immediately thereof in accordance with                — Seigle d'intervention ne donnant pas lieu à restitution ni
         Annex II;                                                            taxe, règlement (CE) no 2026/2000,
                                                                          — Segala d'intervento senza applicazione di restituzione né di
(d) below the minimum characteristics laid down for interven-                 tassa, regolamento (CE) n. 2026/2000,
     tion, the successful tenderer may not remove the lot in
     question. He shall be discharged of all his obligations              — Rogge uit interventie, zonder toepassing van restitutie of
     relating to the lot in question and the securities shall be              belasting, Verordening (EG) nr. 2026/2000,
     released only once he has informed the Commission and                — Centeio de intervenção sem aplicação de uma restituição ou
     the intervention agency forthwith in accordance with                     imposição, Regulamento (CE) n.o 2026/2000,
     Annex II; however, he may request the intervention agency
     to supply him with another lot of intervention rye of the            — Interventioruista, johon ei sovelleta vientitukea eikä vienti-
     quality laid down at no additional charge. In that case, the             maksua, asetus (EY) N:o 2026/2000,
     security shall not be released. The lot must be replaced             — Interventionsråg, utan tillämpning av bidrag eller avgift,
     within three days of the date of the successful tenderer's               förordning (EG) nr 2026/2000.
(1) OJ L 74, 20.3.1992, p. 18.                                            (2) OJ L 301, 17.10.1992, p. 17.
 ---pagebreak--- 27.9.2000             EN                     Official Journal of the European Communities                                       L 242/15
                            Article 8                                   3.    Except in duly substantiated exceptional cases, in partic-
                                                                        ular the opening of an administrative enquiry, any release of
1.    The security lodgement pursuant to Article 13(4) of               the securities provided for in this Article after the time limits
Regulation (EEC) No 2131/93 must be released once the export            specified in this same Article shall confer an entitlement to
licences have been issued to the successful tenderers.                  compensation from the Member State amounting to
2.    The obligation to export to the third countries shall be          EUR 0,015 per 10 tonnes for each day's delay.
covered by a security amounting to EUR 75 per tonne of                  This compensation shall not be charged to the EAGGF.
which EUR 50 per tonne shall be lodged when the export
licence is issued, with the balance of EUR 25 per tonne being
lodged before removal of the cereals.                                                               Article 9
Article 15(2) of Regulation (EEC) No 3002/92 notwithstanding:           Within two hours of the expiry of the time limit for the
                                                                        submission of tenders, the United Kingdom intervention
— the amount of EUR 25 per tonne must be released within                agency shall notify the Commission of tenders received. Such
    15 working days of the date on which the successful                 notification shall be made using the model set out in Annex III
    tenderer supplies proof that the rye removed has left the           and the telex or fax numbers set out in Annex IV.
    customs territory of the Community,
— the amount of EUR 50 per tonne must be released within                                           Article 10
    15 working days of the date on which the successful
    tenderer supplies the proof referred to in Article 17(3) of         This Regulation shall enter into force on the day of its publica-
    Regulation (EEC) No 2131/93.                                        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, 26 September 2000.
                                                                                     For the Commission
                                                                                       Franz FISCHLER
                                                                                 Member of the Commission
 ---pagebreak--- L 242/16       EN                        Official Journal of the European Communities                                      27.9.2000
                                                                  ANNEX I
                                                                                              (tonnes)
                                                  Place of storage                   Quantity
                               York                                                     2 446
                               Hemswell                                                   494
                               Manby                                                   12 504
                                                                 ANNEX II
         Communication of refusal of lots under the standing invitation to tender for the export of rye held by the
                                                          intervention agency
                                          (Article 6(1) of Regulation (EC) No 2026/2000)
         — Name of successful tenderer:
         — Date of award contract:
         — Date of refusal of lot by successful tenderer:
                                      Quantity                    Address
               Lot No                                                                Reason for refusal to take over
                                     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--- 27.9.2000           EN                           Official Journal of the European Communities                                            L 242/17
                                                                        ANNEX III
                        Standing invitation to tender for the export of rye held by the intervention agency
                                                           (Regulation (EC) No 2026/2000)
                   1                   2                  3                    4                 5                 6              7
                                                                          Offer price   Price increases (+)
                                                                                                            Commercial costs
               Tender No       Consignment No Quantity (tonnes)          (EUR/tonne)     or reductions (–)                   Destination
                                                                                                              (EUR/tonne)
                                                                               (1)       (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):
          — telex:           22037 AGREC B,
                             22070 AGREC B (Greek characters),
          — fax:             02 296 49 56,
                             02 295 25 15.