CELEX: 32000R0539
Language: en
Date: 2000-03-13
Title: Commission Regulation (EC) No 539/2000 of 13 March 2000 on the issuing of a standing invitation to tender for the sale of common wheat of breadmaking quality held by the German intervention agency for export to certain ACP countries in the 1999/2000 marketing year

L 65/14                EN                      Official Journal of the European Communities                                       14.3.2000
                                           COMMISSION REGULATION (EC) No 539/2000
                                                            of 13 March 2000
               on the issuing of a standing invitation to tender for the sale of common wheat of breadmaking
               quality held by the German intervention agency for export to certain ACP countries in the
                                                        1999/2000 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                       particular those laid down in Regulation (EEC) No
                                                                                  2131/93.
Having regard to the Treaty establishing the European
                                                                          (5)     In addition to the conditions laid down in Article 30 of
Community,
                                                                                  Commission Regulation (EEC) No 3719/88 (5), as last
                                                                                  amended by Regulation (EC) No 1127/1999 (6), provi-
Having regard to Council Regulation (EEC) No 1766/92 of 30                        sion should be made for the release for consumption in
June 1992 on the common organisation of the market in                             the ACP State(s) laid down in the Regulation.
cereals (1), as last amended by Commission Regulation (EC) No
1253/1999 (2).                                                            (6)     Where removal of the wheat is delayed by more than
                                                                                  five days, or the release of one of the securities required
                                                                                  is delayed, for reasons imputable to the intervention
Whereas:                                                                          agency the Member State concerned will have to pay
                                                                                  compensation.
(1)     Commission Regulation (EEC) No 2131/93 (3), as last
        amended by Regulation (EC) No 39/1999 (4), lays down              (7)     The measures provided for in this Regulation are in
        the procedure and conditions for the disposal of cereals                  accordance with the opinion of the Management
        held by intervention agencies.                                            Committee for Cereals,
(2)     With a view to supplying the markets of the ACP coun-
        tries, favoured partners of the Community, significant
        quantities of common wheat are required; whereas these            HAS ADOPTED THIS REGULATION:
        markets are usually supplied on the basis of regular
        contracts to ensure stable prices for the ACP countries
        over a certain period. It is therefore necessary to issue a
                                                                                                        Article 1
        specific invitation to tender to ensure that users in these
        countries have access to common wheat of breadmaking
        quality under conditions appropriate to the highly                1. A standing invitation to tender is hereby issued for the
        competitive situation on the world market.                        export of 150 024 tonnes of common wheat of breadmaking
                                                                          quality, held by the German intervention agency.
(3)     The German intervention agency holds stocks of                    2. The common wheat must be exported to an ACP State or
        common wheat of breadmaking quality. Part of the                  to several States within one of the groups of ACP States listed
        wheat coming from the intervention stocks held by the             in Annex I.
        aforementioned agency should therefore be resold to the
        ACP countries to meet their quantitative and qualitative
        needs. The common wheat successfully tendered for                 3. The regions in which the 150 024 tonnes of German
        must be exported to the countries of destination by 31            common wheat of breadmaking quality are stored are listed in
        August 2000 at the latest.                                        Annex II.
                                                                          4. The intervention agency concerned shall prepare a notice
(4)     The specific nature of the operation and the accounting           of invitation to tender indicating for each lot or, where appro-
        position of the common wheat in question require                  priate, each part lot:
        greater flexibility in the mechanisms and obligations
        governing the resale of intervention stocks and also              — the location,
        require exclusion of any refund, tax or monthly increase.         — and at least the following features:
        Special procedures must be laid down to ensure that the
        operations and their monitoring are properly effected.                 — specific weight,
        To that end provision should be made for a security                    — moisture content,
        lodgment scheme which ensures that the aims are met
        while avoiding excessive costs for the operators. Dero-                — Hagberg falling number,
        gations should accordingly be made to certain rules, in                — impurity contents and sprouted grains,
                                                                               — protein content.
(1) OJ L  181, 1.7.1992, p. 21.
(2) OJ L  160, 26.6.1999, p. 18.
(3) OJ L  191, 31.7.1993, p. 76.                                          (5) OJ L 331, 2.12.1988, p. 1.
(4) OJ L  5, 9.1.1999, p. 64.                                             (6) OJ L 135, 29.5.1999, p. 48.
 ---pagebreak--- 14.3.2000            EN                       Official Journal of the European Communities                                         L 65/15
5. It shall publish the notice of invitation to tender at least          3. The licence obliges the operator to export to the ACP State
two days before the date set for the first partial invitation to         or States for which the licence application was submitted.
tender.                                                                  However, up to a limit of 30 % of the quantity for which the
                                                                         licence was issued. The operator may effect his contract at
                                                                         another destination on condition that it belongs to the same
                             Article 2                                   group of countries listed in Annex I.
Subject to the provisions of this Regulation, the sales of               4. The export licences shall be issued as soon as the
common wheat of breadmaking quality referred to in Article 1             successful tenderers have been selected.
shall take place in accordance with the procedure and condi-
tions laid down by Regulation (EEC) No 2131/93.                          5. Article 9 of Regulation (EEC) No 3719/88 notwith-
                                                                         standing, the rights deriving from the licence referred to in this
                                                                         Article shall not be transferable.
                             Article 3
1. The time limit for submitting tenders for the first partial                                         Article 6
invitation to tender shall be 9 a.m. (Brussels time) on Thursday
16 March 2000.
                                                                         1. The intervention agency, the storer and the successful
                                                                         tenderer, if he so wishes, shall, by common agreement, either
2. The time limit for submitting tenders for the second partial
                                                                         before or at the moment of removal from storage, as the
invitation to tender shall be 9 a.m. (Brussels time) on the
                                                                         successful tenderer chooses, take reference samples at the rate
following Thursday.
                                                                         of at least one sample for every 500 tonnes, and shall analyse
                                                                         the samples. The intervention agency may be represented by a
The time limit for the last partial invitation to tender shall be
                                                                         proxy, provided this is not the storer.
25 May 2000.
3. Tenders must be submitted to the German intervention                  The Commission must be informed of the findings of the
agency.                                                                  analyses in the event of a dispute.
                                                                         Reference samples shall be taken and analysed within seven
                             Article 4                                   working days of the date of the successful tenderer's request or
                                                                         within three working days if the samples were taken on
1.   Tenders shall only be admissible if:                                removal from storage. If the final result of the sample analyses
                                                                         indicates a quality:
— the tenderer provides written proof from an official body in
    the ACP country of destination or a company having its                (a) greater than that specified in the notice of invitation to
    overseas subsidiary in the said country, that he has                      tender, the successful tenderer must accept the lot as estab-
    concluded for the quantity in question a commercial supply                lished;
    contract for common wheat for export to an ACP State or
    to several States within one of the groups of ACP States             (b) greater than the minimum characteristics required for inter-
    listed in Annex I. That contract may cover only those                     vention but below the quality described in the notice of
    deliveries to be made during the period April to August                   invitation to tender, with the difference remaining within a
    2000 for quantities traditionally supplied; such proof shall              limit of up to:
    be lodged with the competent authorities at least two
                                                                              — 2 kg/hl for the specific weight, which must not,
    working days before the date of the partial invitation to
                                                                                  however, be less than 72 kg/hl,
    tender against which the tender is to be submitted,
                                                                              — one percentage point for the mositure content,
— they are accompanied by an application for an export
    licence for the destination in question.                                  — 20 percentage points for the Hagberg falling index,
                                                                              — one percentage point for the protein content,
The proof provided for in the first indent shall also indicate the
quality provided for in the contract, the time limit for delivery             — half a percentage point for the impurities referred to in
and the price terms.                                                              B.2 and B.4 of the Annex to Commission Regulation
                                                                                  (EEC) No 689/92 (1),
The Member State shall send the Commission a copy of the                          and
said proof forthwith, for information.                                        — half a percentage point for the impurities referred to in
                                                                                  point B.5 of the Annex to Regulation (EEC) No 689/92,
2. Tenders may not exceed the quantity laid down in the                           the percentages admissible for noxious grains and ergot,
commercial contract submitted.                                                    however, remaining unchanged,
                                                                             the successful tenderer must accept the lot as established;
                             Article 5
                                                                          (c) greater than the minimum characteristics required for inter-
1. No export refund or export tax or monthly increase shall                   vention but below the quality described in the notice of
be applied for exports carried out pursuant to this Regulation.               invitation to tender with the difference surpassing the limit
                                                                              referred to in point (b), the successful tenderer may:
2. The validity of the export licences issued in accordance
with this Regulation shall expire on 31 August 2000.                     (1) OJ L 74, 20.3.1992, p. 18.
 ---pagebreak--- L 65/16               EN                       Official Journal of the European Communities                                         14.3.2000
    — either accept the lot as established,                               for removal is 31 August 2000. The payment due for each of
                                                                          the lots to be removed shall be indivisible.
    — or refuse to take over the lot in question. The successful
        tenderer shall be released from all his obligations
        relating to the lot in question, including the securities,
        only once he has informed the Commission and the
        intervention agency forthwith, in accordance with                                               Article 8
        Annex V; however, if he requests the intervention
        agency to supply him with another lot of intervention
        breadmaking wheat of the quality laid down, and that              1. The security lodged pursuant to Article 13(4) of Regula-
        without additional charges, the security shall not be             tion (EEC) No 2131/93 must be released once the export
        released. The lot must be replaced within a maximum               licences have been issued to the successful tenderers.
        of three days from the date of the successful tenderer's
        request. The successful tenderer shall immediately
                                                                          2. The obligation to export and import into one of the
        inform the Commission thereof in accordance with
                                                                          countries of destination listed in Annex I shall be covered by a
        Annex V;
                                                                          security amounting to EUR 50 per tonne of which EUR 15
                                                                          per tonne shall be lodged upon issue of the export licence, with
(d) below the minimum characteristics required for inter-                 the balance of EUR 35 being lodged before removal of the
    vention, the successful tenderer may not remove the lot in            cereals.
    question. He shall be released from all his obligations
    relating to the lot in question, including the securities, only
    once he has informed the Commission and the intervention              Article 15(2) of Commission Regulation (EEC) No 3002/92 (1)
    agency forthwith, in accordance with Annex V; however,                notwithstanding:
    he may request the intervention agency to supply him with
    another lot of intervention breadmaking wheat of the                  — the amount of EUR 15 per tonne must be released within
    quality laid down, without additional charges. In this case,              20 working days of the date on which the successful
    the security shall not be released. The lot must be replaced              tenderer supplies proof that the wheat removed has left the
    within a maximum of three days from the date of the                       customs territory of the Community,
    successful tenderer's request. The successful tenderer shall          — the amount of EUR 35 per tonne must be released within
    immediately inform the Commission thereof in accordance                   15 working days of the date on which the successful
    with Annex V.                                                             tenderer supplies proof of entry for consumption into the
                                                                              ACP State or States referred to in Article 5(3). This proof
                                                                              shall be supplied in accordance with Articles 18 and 47 of
2. However, if the breadmaking wheat is removed before the                    Commission Regulation (EEC) No 3665/87 (2).
results of the analysis are known, all risks shall be borne by the
successful tenderer from the time of removal of the lot,
without prejudice to the forms of recourse the successful                 3. Except in duly substantiated exceptional cases, in particular
tenderer may have against the storer.                                     the opening of an administrative enquiry, any release of the
                                                                          securities provided for in this Article after the limits specified in
                                                                          this same Article shall confer an entitlement to compensation
3. If, after successive replacements, the successful tenderer             from the Member State amounting to EUR 0,015/10 tonnes
has not received a replacement lot of the quality laid down               for each day's delay.
within one month of the date of his request for replacement,
he shall be released from all his obligations, including the
securities once he has informed the Commission and the inter-             This compensation shall not be charged to the EAGGF.
vention agency forthwith in accordance with Annex V.
4. The costs of the taking of samples and the analyses                                                  Article 9
referred to in paragraph 1, except those where the final result
of the analyses produces a quality inferior to the minimum
characteristics required for intervention, shall be borne by the          Article 12 of Regulation (EEC) No 3002/92 notwithstanding,
EAGGF up to a maximum of one analysis per 500 tonnes with                 the documents relating to the sale of common wheat in accord-
the exception of the transsilage costs.                                   ance with this Regulation and in particular the export licence,
                                                                          the removal order referred to in Article 3(1)(b) of Regulation
                                                                          (EEC) No 3002/92, the export declaration and, where appro-
The cost of transsilage and of any additional analyses requested          priate, the T5 control copy must bear the words:
by the successful tenderer shall be borne by him.
                                                                          — Trigo blando panificable de intervención sin aplicación de
                                                                              restitución ni gravamen, destinado a (nombre del Estado o
                                                                              de los Estados ACP), Reglamento (CE) no 539/2000
                                                                          — Bageegnet blød hvede fra intervention uden restitutions-
                             Article 7                                        ydelse eller -afgift bestemt for (navnet på det eller de pågæl-
                                                                              dende AVS-lande), forordning (EF) nr. 539/2000
The successful tenderer shall pay for the common wheat before             (1) OJ L 301, 17.10.1992, p. 17.
removing it at the price indicated in the tender. The final date          (2) OJ L 351, 14.12.1987, p. 1.
 ---pagebreak--- 14.3.2000            EN                       Official Journal of the European Communities                                        L 65/17
— Interventions-Brotweichweizen ohne Anwendung von                       — Interventioleipävehnää, jolle ei makseta vientitukea eikä
   Ausfuhrerstattungen oder Ausfuhrabgaben, Bestimmung                       vientimaksua ja jonka määräpaikka on (AKT-maan nimi tai
   (Name des AKP-Staates oder der AKP-Staaten), Verordnung                   AKT-maiden nimet), asetus (EY) N:o 539/2000
   (EG) Nr. 539/2000                                                     — Interventionsvete av brödkvalitet, ej utan bidrag eller avgift
— Μαλακός αρτοποιήσιµος σίτος παρέµβασης, χωρίς εφαρµογή                     avsett för (AVS-statens eller AVS-staternas namn),
   επιστροφής ή φόρου προοριζόµενος για (όνοµα της χώρας ΑΚΕ                 förordning (EG) nr 539/2000.
   ή των χωρών ΑΚΕ), κανονισµός (ΕΚ) αριθ. 539/2000
— Intervention common wheat of breadmaking quality
   without application of refund or tax, bound for (name of                                         Article 10
   the ACP State or States), Regulation (EC) No 539/2000                 1. The German intervention agency shall inform the Commis-
— Blé tendre d'intervention panifiable ne donnant pas lieu à             sion of the tenders received within three hours of the expiry of
   restitution ni à taxe, destiné à (nom de l'État ACP ou des            the time limit for submitting tenders. The information must be
   États ACP), règlement (CE) no 539/2000                                sent in the form laid down in Annex III to one of the telex or
— Frumento tenero d'intervento panificabile senza applica-               fax numbers listed in Annex IV.
   zione di restituzione o di tassa, destinato al (nome del paese
   o dei paesi ACP), regolamento (CE) n. 539/2000                        2. It shall inform the Commission on a monthly basis of the
— Zachte tarwe van bakkwaliteit uit interventie, zonder                  quantities of common wheat removed pursuant to this Regula-
   toepassing van restitutie of belasting, bestemd voor (naam            tion.
   van de ACS-Staat of de ACS-Staten), Verordening (EG) nr.
   539/2000                                                                                         Article 11
— Trigo mole panificável de intervenção sem aplicação de
   uma restituição, ou imposição destinado a (nome do Estado             This Regulation shall enter into force on the day of its publica-
   ou dos Estados ACP), Regulamento (CE) n.o 539/2000                    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, 13 March 2000.
                                                                                     For the Commission
                                                                                        Franz FISCHLER
                                                                                  Member of the Commission
 ---pagebreak--- L 65/18          EN                     Official Journal of the European Communities                        14.3.2000
                                                               ANNEX I
                                Groups of ACP States signatories to the Lomé Convention
                      Group I                                    Group II                         Group III
        Mauritania                             Chad                             Seychelles
        Mali                                   Central African Republic         Comoros
        Niger                                  Benin                            Madagascar
        Senegal                                Cameroon                         Mauritius
        Gambia                                 Equatorial Guinea                Angola
        Guinea-Bissau                          São Tomé and Príncipe            Zambia
        Guinea                                 Gabon                            Malawi
        Cape Verde                             Congo                            Mozambique
        Sierra Leone                           Democratic Republic of Congo     Namibia
        Liberia                                Rwanda                           Botswana
        Côte d'Ivoire                          Burundi                          Zimbabwe
        Ghana                                  Burkina Faso                     Lesotho
        Togo                                                                    Swaziland
                                                                                Djibouti
                                                                                Ethiopia
                                                                                Eritrea
                                                              ANNEX II
                                                                                         (tonnes)
                                               Region of storage              Quantities
                              Schleswig-Holstein/Hamburg/Niedersachsen/
                              Bremen/Nordrhein-Westfalen                       53 149
                              Hessen/Rheinland-Pfalz/Baden-Württemberg/
                              Saarland/Bayern                                  16 307
                              Berlin/Brandenburg/Mecklenburg-Vorpommern        20 396
                              Sachsen/Sachsen-Anhalt/Thüringen                 60 172
 ---pagebreak--- 14.3.2000                  EN                           Official Journal of the European Communities                                               L 65/19
                                                                                ANNEX III
                  Standing invitation to tender for the export of 150 024 tonnes of common wheat of breadmaking quality held
                                                               by the German intervention agency
                                                                    (Regulation (EC) No 539/2000)
            1                        2                       3                        4                     5                       6           7
                                                                                                      Increases (+)
       Registration                                                              Offer price                                   Commercial
                                    Lot                  Quantity                                    Reductions (–)
        number of                                                               (EUR/tonne)                                       costs    Destination
                                  number                in tonnes                                      (EUR/tonne)
       the tenderet                                                                  (1)                                       (EUR/tonne)
                                                                                                           p.m.
            1
            2
            3
           etc.
(1) This price includes, the increases and reductions relating to the lot for which the tender is submitted.
                                                                                ANNEX IV
                  The only telex and fax numbers in Brussels to be used are: DG AGRI/C/1:
                  — telex:                   22037 AGREC B,
                                             22070 AGREC B (Greek characters),
                  — fax:                     296 49 56,
                                             295 25 15.
                                                                                ANNEX V
                  Communication of refusal of lots under the standing invitation to tender for the export of 150 024 tonnes of
                                        breadmaking common wheat held by the German intervention agency
                                                            (Article 6 of Regulation (EC) No 539/2000)
                  — 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 wheat of unimpaired
                                                                                               quality
                                                                                             — Other