CELEX: 31995R1179
Language: en
Date: 1995-05-24 00:00:00
Title: COMMISSION REGULATION (EC) No 1179/95 of 24 May 1995 opening a standing invitation to tender for the export of 30 000 tonnes of rye held by the Austrian intervention agency

No L 118/30       EN                   Official Journal of the European Communities                                  25. 5. 95
                                       COMMISSION REGULATION (EC) No 1179/95
                                                         of 24 May 1995
                  opening a standing invitation to tender for the export of 30 000 tonnes of rye
                                         held by the Austrian intervention agency
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas the measures provided for in this Regulation are
                                                                   in accordance with the opinion of the Management
                                                                    Committee for Cereals,
 Having regard to the Treaty establishing the European
 Community,
                                                                   HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No 1766/92
 of 30 June 1992 on the common organization of the
 market in cereals ('), as last amended by the Act of Acces­
 sion of Austria, Finland and Sweden and Regulation (EC)                                     Article 1
 No 3290/94 (2), and in particular Article 5 thereof,
                                                                   The Austrian intervention agency may, on the conditions
                                                                   laid down in Regulation (EEC) No 2131 /93, open a
 Whereas Commission Regulation (EEC) No 2131 /93 (3),              standing invitation to tender for the export of 30 000
 as amended by Regulation (EC) No 120/94 (4), lays down            tonnes of rye held by it.
 the procedures and conditions for the disposal of cereals
 held by intervention agencies ;
                                                                                             Article 2
 Whereas, given the current market situation, a standing
                                                                    1.   The invitation to tender shall cover a maximum of
 invitation to tender should be opened for the export at
 the beginning of the 1995/96 cereals marketing year of            30 000 tonnes of rye to be exported to all third countries.
 30 000 tonnes of rye held by the Austrian intervention            Customs export formalities may not be completed before
 agency ;
                                                                   1 July 1995.
                                                                   2. The regions in which the 30 000 tonnes of rye are
 Whereas the proposed invitation to tender for the export          stored are stated in Annex I to this Regulation.
 of intervention stocks is special in that it will be opened
 at the end of the marketing year, from May 1995, but for
 deliveries which will not be possible until 1 July 1995 ;                                   Article 3
whereas there should therefore be a derogation from the
 first paragraph of Article 16 of Regulation (EEC) No              1 . The export licences shall be valid from their date of
 2131 /93, which provides for a maximum delay of one               issue, within the meaning of Article 9 of Regulation
 month between acceptance of the tender and payment                (EEC) No 2131 /93, until the end of the fourth month
and also a derogation from the third paragraph of Article          following.
 16 of the said Regulation, application of which would
have led to the price accepted already being increased by          2. Tenders submitted in response to this invitation to
monthly increments for the removal of the cereals from             tender shall be admissible only if they are accompanied
the intervention store in July, whereas export was not             by a written undertaking to export only beginning 1 July
scheduled previously ;                                             1995. They may not be accompanied by applications for
                                                                   export licences pursuant to Article 44 of Commission
Whereas the operative event for the conversion of tenders          Regulation (EEC) No 3719/88 (7).
submitted for intervention stocks is the date of payment
for cereals as fixed by Commission Regulation (EEC) No
                                                                                             Article 4
 1068/93      as last amended by Regulation (EC) No
 1053/95 (^ ; whereas this rule should be applied to the
sales provided for in this Regulation without prejudice to         1.    Notwithstanding Article 7 ( 1 ) of Regulation (EEC)
the possibility of fixing the agricultural conversion rate in      No 2131 /93, the time limit for submission of tenders
advance in accordance with Articles 13 to 17 of Regula­            under the first partial invitation to tender shall expire on
tion (EEC) No 1068/93 ;                                            1 June 1995 at 9 a.m. (Brussels time).
                                                                   2.    The time limit for submission of tenders under the
(') OJ No L 181 , 1 . 7. 1992, p. 21 .
(2) OJ No L 349, 31 . 12. 1994, p. 105.                            subsequent partial invitations to tender shall expire each
(3) OJ No L 191 , 31 . 7. 1993, p. 76.                             Thursday at 9 a.m. (Brussels time).
(4) OJ No L 21 , 26. 1 . 1994, p. 1 .
(0 OJ No L 108, 1 . 5. 1993, p. 106.
(6) OJ No L 107, 12. 5. 1995, p. 4.                                0 OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak---  25. 5. 95          PEN                 Official Journal of the European Communities                             No L 118/31
 3. The last partial invitation to tender shall expire on              invitation to tender, with the difference remaining
 30 May 1996 at 9 a.m. (Brussels time).                                within a limit of up to :
 4.     The tenders shall be lodged with the Austrian inter­           — 1 kg/hi for the specific weight, which must not,
 vention agency.                                                            however, be less than 68 kg/hi,
                                                                       — one percentage point for the moisture content,
                           Article 5                                  — half a percentage point for the impurities referred
                                                                            to in B.2 and B.4 of the Annex to Regulation
The following provisions shall apply to tenders submitted                  (EEC) No 689/92 0,
 before 1 July 1995 :                                                       and
— notwithstanding the first subparagraph of Article 1 6 of             — half a percentage point for the impurities referred
      Regulation (EEC) No 2131 /93, the payment must be                     to in point B.5 of the Annex to Commission
      made not later than 31 July 1995,                                     Regulation (EEC) No 689/92, the percentage
— notwithstanding the third subparagraph of Article 16                      admissible for noxious grains and ergot, however
      of Regulation (EEC) No 2131 /93, the price to be paid                 remaining unchanged,
      for products for export shall be that indicated in the
      tender,                                                          the successful tenderer must accept the lot as estab­
                                                                       lished ;
— without prejudice to the possibility of fixing the agri­
      cultural conversion rate in advance, tenders shall be
      converted using the agricultural conversion rate appli­     (c) greater than the minimum characteristics required for
      cable on the date of the payment of cereals of the               intervention but below the quality described in the
                                                                       notice of invitation to tender with the difference
      batch concerned.
                                                                       surpassing the limit referred to in point (b), the
                                                                       successful tenderer may :
                           Article 6
                                                                       — either accept the lot as established,
 Notwithstanding Article 17 (3) of Regulation (EEC) No                 — or refuse to take over the lot in question. The
 2131 /93, the security referred to in the second indent of                successful tenderer shall be released from all his
Article 17 (2) of the said Regulation shall not be released                obligations relating to the lot in question, in­
until proof is furnished that the customs export formal­                   cluding the securities, only once he has informed
 ities have taken place from 1 July 1995.                                  the Commission and the intervention agency
                                                                           forthwith, in accordance with Annex II ; however,
                                                                           if he requests the intervention agency to supply
                           Article 7                                       him with another lot of intervention rye of the
                                                                           quality laid down, and that without additional
                                                                           charges, the security shall not be released. The lot
 1 . The intervention agency, the storer and the                           must be replaced within a maximum of three days
successful tenderer, if he so wishes, shall by common                      from the date of the successful tenderer's request.
agreement, either before or at the moment of removal                       The successful tenderer shall immediately inform
from storage, as the successful tenderer chooses, take                     the   Commission     thereof  in  accordance   with
reference samples at the rate of at least one sample for                   Annex II ;
every 500 tonnes, and shall analyse the samples. The
intervention agency may be represented by a proxy,
provided this is not the storer.                                  (d) below the minimum characteristics required for inter­
                                                                       vention, the successful tenderer may not remove the
                                                                       lot in question. He shall be released from all his obli­
The Commission must be informed of the findings of the
analyses within three days.
                                                                       gations relating to the lot in question, including the
                                                                       securities, only once he has informed the Commission
                                                                       and the intervention agency forthwith, in accordance
Reference samples shall be taken and analysed within                   with Annex II ; however, he may request the interven­
seven working days of the date of the successful tenderer's            tion agency to supply him with another lot of inter­
request or within three working days if the samples were               vention rye of the quality laid down, without addi­
taken on removal from storage. If the final result of the              tional charges. In this case, the security shall not be
sample analyses indicates a quality :                                  released. The lot must be replaced within a maximum
                                                                       of three days from the date of the successful tenderer's
(a) greater than that specified in the notice of invitation
     to tender, the successful tenderer must accept the lot            request. The successful tenderer shall immediately
                                                                       inform the Commission thereof in accordance with
     as established :
                                                                      Annex II .
(b) greater than the minimum characteristics for interven­
      tion but below the quality described in the notice of       (') OJ No L 74, 20. 3. 1992, p. 18 .
 ---pagebreak--- No L 118/32       I EN I             Official Journal of the European Communities                                25. 5. 95
2. However, if the rye is removed before the results of        silage costs. The cost of any additional analyses requested
the analysis are known, all risks shall be borne by the        by the successful tenderer shall be borne by him.
successful tenderer from the time of removal of the lot,
without prejudice to the forms of recourse the successful
tenderer may have against the storer.                                                    Article 8
3 . If, the successive replacements, the successful
                                                               The Austrian intervention agency shall notify the
tenderer has not received a replacement lot of the quality     Commission of the tenders received not later than two
laid down within one month of the date of his request for
replacement, he shall be released from all his obligations,    hours after expiry of the time limit for the submission
including the securities, once he has informed the             thereof. Notification shall be given as specified in the
                                                               table in Annex III to this Regulation, to the telex or
Commission and the intervention agency forthwith in            telefax numbers in Annex IV.
accordance with Annex II.
4. The costs of the taking of samples and the analyses
referred to in paragraph 1 , except those where the final                                Article 9
result of the analyses produces a quality inferior to the
minimum characteristics required for intervention, shall       This Regulation shall enter into force on the day of its
be borne by the EAGGF up to a maximum of one                   publication in the Official Journal of the European
analysis per 500 tonnes with the exception of the trans­       Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 24 May 1995.
                                                                        For the Commission
                                                                           Franz FISCHLER
                                                                    Member of the Commission
 ---pagebreak--- 25. 5. 95  | EN                Official Journal of the .European Communities                                  No L 118 /33
                                                        ANNEX I
                                                                                       (tonnes)
                                         Place of storage                    Quantity
                          Niederosterreich                                     8 966
                          Oberosterreich                                     21 213
                                                       ANNEX II
          Communication of refusal of lots under the standing invitation to tender for the export of
                      30 000 tonnes of rye held by the Austrian intervention agency
                                   (Article 7 (1 ) of Regulation (EC) No 1179/95)
          — 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 118 /34     I EN I                 Official Journal of the European Communities                                         25. 5. 95
                                                               ANNEX III
              Standing invitation to tender for the export of 30 000 tonnes of rye held by the Austrian
                                                           intervention agency
                                                     (Regulation (EC) No 1179/95)
                      1               2               3               4                5             6                7
                                                                               Price increases
                                                                 Offer price       ( + ) or     Commercial
                   Tender       Consignment       Quantity                       reductions
                     No              No           (tonnes)      (ECU/tonne)          (")
                                                                                                   costs         Destination
                                                                     0)         (ECU/tonne)     (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) ;
             — telefax :              296 49 56,
                                      295 25 15.