CELEX: 31996R1947
Language: en
Date: 1996-10-09 00:00:00
Title: COMMISSION REGULATION (EC) No 1947/96 of 9 October 1996 opening a standing invitation to tender for the export of barley held by the Danish intervention agency

No L 257/6           PEN                 Official Journal of the European Communities                                  10 . 10 . 96
                                            COMMISSION REGULATION (EC) No 1947/96
                                                            of 9 October 1996
                      opening a standing invitation to tender for the export of barley held by the
                                                       Danish intervention agency
    THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                                      Article 2
    Having regard to the Treaty establishing the European                  1.     The invitation to tender shall cover a maximum of
    Community,                                                             40 000 tonnes of barley for export to third countries.
    Having regard to Council Regulation (EEC) No 1766/92                   2.     The regions in which the 49 000 tonnes of barley
                                                                          are stored are set out in Annex I.
    of 30 June 1992 on the common organization of the
    market in cereals ('), 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 amended by Regulation (EC) No 1 20/94 (4), lays down                export shall be that quoted in the tender.
   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
                                                                          tion .
   Whereas, given the current market situation, a standing
   invitation to tender should be opened for the export of
   49 000 tonnes of barley held by the Danish intervention                3.     Article 8 (2) of Regulation (EEC) No 2131 /93 shall
                                                                          not apply.
   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 appli­
                                                                         cations submitted pursuant to Article 44 of Commission
  Whereas, where removal of the barley is delayed by more                Regulation (EEC) No 3719 /88 (5),
  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 17 October 1996.
 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 29 May 1997.
                               Article 1                                4. Tenders shall be lodged with the Danish interven­
                                                                        tion agency.
 Subject to the provisions of this Regulation the Danish
 intervention agency issues a standing invitation to tender                                        Article 6
 for the export of barley held by it in accordance with
Regulation (EEC) No 2131 /93 .                                          1 . The intervention agency, the storer and the
                                                                       successful tenderer shall, at the request of the latter and
(')   OJ No  L  181 , 1 . 7. 1992, p. 21 .                             by common agreement, either before or at the time of
(2)   OJ No  L  126, 24. 5. 1996, p. 37.
0     OJ No  L  191 , 31 . 7. 1993 , p. 76.
(4)  OJ  No  L  21 , 26. 1 . 1994, p. 1 .                              (s) OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak---     10 . 10 . 96           EN               Official Journal of the European Communities                                 No L 257/7
   removal from storage as the successful tenderer chooses,                       however, if he requests the intervention agency to
   take reference samples for counter-analysis at the rate of                     supply him with another lot of intervention barley
   at least one sample for every 500 tonnes and shall analyze                    of the quality laid down at no additional charge,
   the samples. The intervention agency may be represented                       the security shall not be released . The lot must be
   by a proxy, provided this is not the storer.                                  replaced within three days of the date of the
                                                                                 successful tenderer's request. The successful
  The analysis results shall be forwarded to the Commission
                                                                                 tenderer shall notify the Commission immediately
                                                                                 thereof in accordance with Annex II;
  in the event of a dispute .
  Reference samples for counter-analysis shall be taken and            (d) below the minimum characteristics laid down for
  analyzed within seven working days of the date of the                      intervention, the successful tenderer may not remove
  successful tenderer's request or within three working days                 the lot in question . He shall be discharged of all his
  if the samples are taken on removal from storage. Where                    obligations relating to the lot in question and the
  the final result of sample analyses indicates a quality:                   securities shall be released only once he has informed
                                                                             the Commission and the intervention agency forth­
                                                                             with in accordance with Annex II; however, he may
  (a) higher than that specified in the notice of invitation to              request the intervention agency to supply him with
         tender, the successful tenderer must accept the lot as              another lot of intervention barley of the quality laid
         established;                                                        down at no additional charge . In that case, the security
                                                                             shall not be released. The lot must be replaced within
                                                                             three days of the date of the successful tenderer's
  (b) higher than the minimum characteristics laid down
                                                                             request. The successful tenderer shall immediately
         for intervention but below the quality described in the             inform the Commission thereof in accordance with
         notice of invitation to tender, providing that the diffe­          Annex II .
         rences having regard to those criteria do not exceed
         the following limits:
                                                                       2.      However, if the barley is removed before the results
        — two kilograms per hectolitre as regards specific             of the analyses are known, all risks shall be borne by the
             weight, which must not, however, be less than 60          successful tenderer from the time the lot is removed,
             kg/hi,                                                   without prejudice to any means of redress of which he
                                                                       may avail himself against the storer.
        — one percentage point as regards moisture content,
        — half a percentage point as regards impurities as            3 . If, as a result of successive replacements, the
             specified in points B.2 and B.4 of the Annex to          successful tenderer has not received a replacement lot of
             Commission Regulation (EEC) No 689/92 ('), and           the quality laid down within one month of the date of his
                                                                      request for a replacement, he shall be discharged of all his
        — half a percentage point as regards impurities as            obligations and the securities shall be released once he
             specified in point B.5 of the Annex to Regulation        has informed the          Commission    and the    intervention
             (EEC) No 689/92, the percentages admissible for          agency forthwith in accordance with Annex II .
             noxious grains and ergot, 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
        lished;
                                                                      conducting the analyses provided for in paragraph 1 but
                                                                      not of inter-bin transfers shall be borne by the EAGGF in
 (c) higher than the minimum characteristics laid down                respect of up to one analysis per 500 tonnes . The costs of
       for intervention but below the quality described in the        inter-bin transfers and any additional analyses requested
       notice of invitation to tender, and a difference ex­           by the successful tenderer shall be borne by him .
       ceeding the limits set out in point (b), the successful
       tenderer may:
       — accept the lot as established, or                                                         Article 7
      — refuse to take over the lot in question . The
            successful tenderer shall be discharged of all his       By derogation from Article 12 of Regulation (EEC) No
            obligations relating to the lot in question and the      3002/92, the documents relating to the sale of barley in
            securities shall be released only once he has            accordance with this Regulation , and in particular the
            informed the Commission and the intervention
                                                                     export licence, the removal order referred to in Article 3
            agency forthwith in accordance with Annex II;            ( 1 ) (b) of Regulation (EEC) No 3002/92, the export decla­
                                                                     ration and, where necessary, the T5 copy shall carry the
(') OJ No L 74, 20 . 3. 1992, p. 18 .                                entry:
 ---pagebreak---   No L 257/8          fENl              Official Journal of the European Communities                                 10 . 10 . 96
  — Cebada de intervención sin aplicación de restitución            Article 15 (2) of Commission Regulation (EEC) No
      ni gravamen, Reglamento (CE) n° 1947/96                       3002/92 (') notwithstanding:
  — Byg fra intervention uden restitutionsydelse eller              — the amount of ECU 30 per tonne must be released
      -afgift, forordning (EF) nr. 1947/96                              within 20 working days of the date on which the
  — Interventionsgerste ohne Anwendung von Ausfuhrer­                   successful tenderer supplies proof that the barley
     stattungen oder Ausfuhrabgaben, Verordnung (EG)                    removed has left the customs territory of the Commu­
      Nr. 1947/96                                                       nity,
 — Κριθή παρέμβασης χωρίς εφαρμογή επιστροφής ή                     — the amount of ECU 20 per tonne must be released
     φόρου, κανονισμός (ΕΚ) αριθ. 1947/96                               within 15 working days of the date on which the
 — Intervention barley without application of refund or                 successful tenderer supplies proof of entry for
     tax, Regulation (EC) No 1947/96                                    consumption into a third country. This proof shall be
                                                                        supplied in accordance with Articles 18 and 47 of
 — Orge d intervention ne donnant pas lieu à restitution
     ni taxe, règlement (CE) n0 1947/96                                 Commission Regulation (EEC) No 3665/87 (2).
 — Orzo d intervento senza applicazione di restituzione            3 . Except in duly substantiated exceptional cases, in
     né di tassa, regolamento (CE) n . 1947/96                      particular the opening of an administrative enquiry, any
 — Gerst uit interventie, zonder toepassing van restitutie         release of the securities provided for in this Article after
     of belasting, Verordening (EG) nr. 1947/96                    the time limits specified in this same Article shall confer
                                                                   an entitlement to compensation from the Member State
 — Cevada de intervenção sem aplicação de uma restitui­            amounting to ECU 0,015 per 10 tonnes for each day's
     ção ou imposição, Regulamento (CE) n ? 1947/96                delay.
 — Interventio-ohraa, johon ei sovelleta vientitukea eikä
     vientimaksua, asetus (EY) N:o 1947/96                         This compensation shall not be charged to the European
                                                                   Agricultural Guidance and Guarantee Fund (EAGGF).
— Interventionskorn, utan tillämpning av bidrag eller
     avgift, förordning (EG) nr 1947/96 .
                                                                                            Article 9
                            Article 8                              Within two hours of the expiry of the time limit for the
                                                                   submission of tenders, the Danish intervention agency
 1 . The security lodgement pursuant to Article 13 (4) of          shall notify the Commission of tenders received . Such
Regulation (EEC) No 2131 /93 must be released once the             notification shall be made using the model set out in
export licences have been issued to the successful                 Annex III and the telex or fax numbers set out in Annex
tenderers .                                                        IV .
2. The obligation to export to the third countries shall                                    Article 10
be covered by a security amounting to ECU 50 per tonne
of which ECU 30 per tonne shall be lodged when the                This Regulation shall enter into force on the day of its
export licence is issued, with the balance of ECU 20 per          publication in the Official Journal of the European
tonne being lodged before removal of the cereals .                 Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 9 October 1996 .
                                                                              For the Commission
                                                                                Franz FISCHLER
                                                                        Member of the Commission
                                                                 (') OJ No L 301 , 17. 10. 1992, p. 17.
                                                                 (2) OJ No L 351 , 14. 12. 1987, p. 1 .
 ---pagebreak--- 10 . 10 . 96    EN                  Official Journal of the European Communities                                 No L 257/9
                                                            ANNEX I
                                                                                             (tonnes)
                                             Place of storage                      Quantity
                              Jylland                                              39 545
                              Sjælland
                                          I                                          9 397
                                                           ANNEX II
             Communication of refusal of lots under the standing invitation to tender for the export of
                                    barley held by the Danish intervention agency
                                       (Article 6 ( 1 ) of Regulation (EC) No 1947/96)
             — 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/hi)
                                                           — % sprouted grains
                                                           — % miscellaneous impurities (Schwarzbesatz)
                                                           — % of matter which is not basic cereal of unimpaired
                                                              quality
                                                           — Other
 ---pagebreak--- No L 257/ 10     Hen I                  Official Journal of the European Communities                                          10 . 10 . 96
                                                               ANNEX III
              Standing invitation to tender for the export of barley held by the Danish intervention
                                                                  agency
                                                      (Regulation (EC) No 1947/96)
                       1              2                3              4                 5            6                 7
                                                                                Price increases
                                                                 Offer price        ( + ) or     Commercial
                   Tender       Consignment       Quantity      (ECU/tonne)
                                                                                  reductions
                                                                                                   costs          Destination
                     No              No            (tonnes)                           (-)
                                                                                                (ECU/tonne)
                                                                      C)         (ECU/tonne)
                                                                                      p.m .
                      1
                     2
                     3
                    etc.
             (') 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 )
             — telex:                 22037 AGREC B,
                                      22070 AGREC B (Greek characters);
             — fax:                  296 49 56,
                                     295 25 15 .