CELEX: 31999R1393
Language: en
Date: 1999-06-28 00:00:00
Title: Commission Regulation (EC) No 1393/1999 of 28 June 1999 opening a standing invitation to tender for the export of barley held by the Belgian intervention agency

L 163/26               EN               Official Journal of the European Communities                                29. 6. 1999
                                    COMMISSION REGULATION (EC) No 1393/1999
                                                      of 28 June 1999
                   opening a standing invitation to tender for the export of barley held by the
                                                Belgian intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        for the export of barley held by it in accordance with
                                                                   Regulation (EEC) No 2131/93.
Having regard to the Treaty establishing the European
Community,
                                                                                              Article 2
Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of the                  1.    The invitation to tender shall cover a maximum of
market in cereals (1), as last amended by Commission               53 483 tonnes of barley for export to third countries, with
Regulation (EC) No 923/96 (2), and in particular Article 5         the exception of the United States, Canada and Mexico.
thereof,
                                                                   2.    The regions in which the 53 483 tonnes of barley
                                                                   are stored are set out in Annex I.
(1)    Whereas Commission Regulation (EEC) No 2131/
       93 (3), as last amended by Regulation (EC) No 39/
       1999 (4), lays down the procedure and conditions                                       Article 3
       for the disposal of cereals held by intervention
       agencies;                                                   1.    Notwithstanding the third paragraph of Article 16 of
                                                                   Regulation (EEC) No 2131/93, the price to be paid for the
(2)    Whereas, given the current market situation, a              export shall be that quoted in the tender.
       standing invitation to tender should be opened for
       the export of 53 483 tonnes of barley held by the           2.    No export refund or tax or monthly increase shall
       Belgian intervention agency;                                be granted on exports carried out pursuant to this Regula-
                                                                   tion.
(3)    Whereas special procedures must be laid down to
       ensure that the operations and their monitoring are         3.    Article 8(2) of Regulation (EEC) No 2131/93 shall
       properly effected; whereas, to that end, provision          not apply.
       should be made for a security lodgement scheme
       which ensures that aims are met while avoiding
       excessive costs for the operators; whereas deroga-                                     Article 4
       tions should accordingly be made to certain rules,
       in particular those laid down in Regulation (EEC)           1.    The export licences shall be valid from their date of
       No 2131/93;                                                 issue within the meaning of Article 9 of Regulation (EEC)
                                                                   No 2131/93 until the end of the fourth month thereafter.
(4)    Whereas, where removal of the barley is delayed by
                                                                   2.    Tenders submitted in response to this invitation to
       more than five days or the release of one of the
                                                                   tender may not be accompanied by export licence
       securities required is delayed for reasons imputable
                                                                   applications submitted pursuant to Article 44 of Commis-
       to the intervention agency the Member State
                                                                   sion Regulation (EEC) No 3719/88 (5).
       concerned must pay compensation;
(5)    Whereas the measures provided for in this Regula-                                      Article 5
       tion are in accordance with the opinion of the
       Management 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
                                                                   a.m. (Brussels time) on 1 July 1999.
HAS ADOPTED THIS REGULATION:
                                                                   2.    The time limit for submission of tenders in respect
                                                                   of subsequent partial invitations to tender shall be 9 a.m.
                            Article 1                              (Brussels time) each Thursday thereafter.
                                                                   3.    The last partial invitation to tender shall be 9 a.m.
Subject to the provisions of this Regulation the Belgian           (Brussels time) on 30 September 1999.
intervention agency issues a standing invitation to tender
                                                                   4.    Tenders shall be lodged with the Belgian 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--- 29. 6. 1999           EN                 Official Journal of the European Communities                                    L 163/27
                           Article 6                                          supply him with another lot of intervention barley
                                                                              of the quality laid down at no additional charge,
                                                                              the security shall not be released. The lot must be
1.     The intervention agency, the storer and the
                                                                              replaced within three days of the date of the
successful tenderer shall, at the request of the latter and
                                                                              successful tenderer’s request. The successful
by common agreement, either before or at the time of
                                                                              tenderer shall notify the Commission immediately
removal from storage as the successful tenderer chooses,
                                                                              thereof in accordance with Annex II;
take reference samples for counter-analysis at the rate of
at least one sample for every 500 tonnes and shall analyse
the samples. The intervention agency may be represented             (d) below the minimum characteristics laid down for
by a proxy, provided this is not the storer.                             intervention, the successful tenderer may not remove
                                                                         the lot in question. He shall be discharged of all his
                                                                         obligations relating to the lot in question and the
The analysis results shall be forwarded to the Commission                securities shall be released only once he has informed
in the event of a dispute.                                               the Commission and the intervention agency forth-
                                                                         with in accordance with Annex II; however, he may
Reference samples for counter-analysis shall be taken and                request the intervention agency to supply him with
analysed within seven working days of the date of the                    another lot of intervention barley of the quality laid
successful tenderer’s request or within three working days               down at no additional charge. In that case, the security
if the samples are taken on removal from storage. Where                  shall not be released. The lot must be replaced within
the final result of sample analyses indicates a quality:                 three days of the date of the successful tenderer’s
                                                                         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
                                                                    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 points B.2 and B.4 of the Annex to
                                                                    agency forthwith in accordance with Annex II.
         Commission Regulation (EEC) No 689/92 (1), and
      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
                                                                    not of inter-bin transfers shall be borne by the European
     the successful tenderer must accept the lot as estab-          Agricultural Guidance and Guarantee Fund (EAGGF) in
     lished;                                                        respect of up to one analysis per 500 tonnes. The costs of
                                                                    inter-bin transfers and any additional analyses requested
(c) higher than the minimum characteristics laid down               by the successful tenderer shall be borne by him.
     for intervention but below the quality described in the
     notice of invitation to tender, and a difference
     exceeding the limits set out in point (b), the successful
     tenderer may:                                                                              Article 7
      accept the lot as established, or
      refuse to take over the lot in question. The                 By derogation from Article 12 of Commission Regulation
         successful tenderer shall be discharged of all his         (EEC) No 3002/92 (2), the documents relating to the sale
         obligations relating to the lot in question and the        of barley in accordance with this Regulation, and in
         securities shall be released only once he has              particular the export licence, the removal order referred to
         informed the Commission and the intervention               in Article 3(1)(b) of Regulation (EEC) No 3002/92, the
         agency forthwith in accordance with Annex II;              export declaration and, where necessary, the T5 copy shall
         however, if he requests the intervention agency to         carry the entry:
(1) OJ L 74, 20.3.1992, p. 18.                                      (2) OJ L 301, 17.10.1992, p. 17.
 ---pagebreak--- L 163/28              EN               Official Journal of the European Communities                                29. 6. 1999
 Cebada de intervención sin aplicación de restitución            the balance shall be lodged before the cereals are
    ni gravamen, Reglamento (CE) no 1393/1999                     removed.
 Byg fra intervention uden restitutionsydelse eller              Notwithstanding Article 15(2) of Regulation (EEC) No
    -afgift, forordning (EF) nr. 1393/1999                        3002/92:
 Interventionsgerste ohne Anwendung von Ausfuhrer-                the part of the security lodged when the licence is
    stattungen oder Ausfuhrabgaben, Verordnung (EG)                   issued must be released within 20 working days of the
    Nr. 1393/1999                                                     date on which the successful tenderer provides proof
 Κριθ παρµβαση χωρ εφαρµογ επιστροφ                            that the cereals removed have left the customs terri-
    φρου, κανονισµ (ΕΚ) αριθ. 1393/1999                             tory of the Community.
 Intervention barley without application of refund or            Notwithstanding Article 17(3) of Regulation (EEC) No
    tax, Regulation (EC) No 1393/1999                             2131/93:
 Orge d’intervention ne donnant pas lieu à restitution            the remainder must be released within 15 working
    ni taxe, règlement (CE) no 1393/1999                              days of the date on which the successful tenderer
 Orzo d’intervento senza applicazione di restituzione                provides the proof referred to in Article 18 of Regula-
    né di tassa, regolamento (CE) n. 1393/1999                        tion (EEC) No 3665/87.
 Gerst uit interventie, zonder toepassing van restitutie         3.    Except in duly substantiated exceptional cases, in
    of belasting, Verordening (EG) nr. 1393/1999                  particular the opening of an administrative enquiry, any
 Cevada de intervenção sem aplicação de uma resti-               release of the securities provided for in this Article after
    tuição ou imposição, Regulamento (CE) n.o 1393/1999           the time limits specified in this same Article shall confer
 Interventio-ohraa, johon ei sovelleta vientitukea eikä          an entitlement to compensation from the Member State
    vientimaksua, asetus (EY) N:o 1393/1999                       amounting to EUR 0,015 per 10 tonnes for each day’s
                                                                  delay.
 Interventionskorn, utan tillämpning av bidrag eller
    avgift, förordning (EG) nr 1393/1999.                         This compensation shall not be charged to the EAGGF.
                                                                                            Article 9
                          Article 8
                                                                  Within two hours of the expiry of the time limit for the
1.    The security lodgement pursuant to Article 13(4) of         submission of tenders, the Belgian intervention agency
Regulation (EEC) No 2131/93 must be released once the             shall notify the Commission of tenders received. Such
export licences have been issued to the successful                notification shall be made using the model set out in
tenderers.                                                        Annex III and the telex or fax numbers set out in Annex
                                                                  IV.
2.    Notwithstanding Article 17 of Regulation (EEC) No
2131/93, the obligation to export shall be covered by a                                    Article 10
security equal to the difference between the intervention
price applying on the day of the award and the price              This Regulation shall enter into force on the day of its
awarded but not less than EUR 10 per tonne. Half of the           publication in the Official Journal of the European
security shall be lodged when the licence is issued and           Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 28 June 1999.
                                                                             For the Commission
                                                                               Franz FISCHLER
                                                                         Member of the Commission
 ---pagebreak--- 29. 6. 1999    EN                  Official Journal of the European Communities                           L 163/29
                                                           ANNEX I
                                                                                         (tonnes)
                                           Place of storage                   Quantity
                            Hainaut                                            12 497
                            Liège                                              11 366
                            Namur                                              22 167
                            Oost-Vlaanderen                                     1 249
                            West-Vlaanderen                                     6 204
                                                          ANNEX II
            Communication of refusal of lots under the standing invitation to tender for the export of
                                  barley held by the Belgian intervention agency
                                    (Article 6(1) of Regulation (EC) No 1393/1999)
             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 163/30          EN                    Official Journal of the European Communities                                        29. 6. 1999
                                                              ANNEX III
            Standing invitation to tender for the export of barley held by the Belgian intervention
                                                                  agency
                                                    (Regulation (EC) No 1393/1999)
                    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).