CELEX: 31998R1641
Language: en
Date: 1998-07-27 00:00:00
Title: Commission Regulation (EC) No 1641/98 of 27 July 1998 opening a standing invitation to tender for the export of rye held by the Austrian intervention agency

28. 7. 98           ¬ EN ¬             Official Journal of the European Communities                                 L 210/43
                                   COMMISSION REGULATION (EC) No 1641/98
                                                       of 27 July 1998
                  opening a standing invitation to tender for the export of rye held by the Austrian
                                                    intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European                                      Article 1
Community,
                                                                 Subject to the provisions of this Regulation the Austrian
                                                                 intervention agency issues a standing invitation to tender
Having regard to Council Regulation (EEC) No 1766/92             for the export of rye held by it in accordance with Regu-
of 30 June 1992 on the common organisation of the                lation (EEC) No 2131/93.
market in cereals (1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article 5
thereof,                                                                                   Article 2
                                                                 1. The invitation to tender shall cover a maximum of
Whereas Commission Regulation (EEC) No 2131/93 (3),              26 334 tonnes of rye for export to third countries.
as last amended by Regulation (EC) No 2193/96 (4), lays
down the procedure and conditions for the disposal of            2. The regions in which the 26 334 tonnes of rye are
cereals held by intervention agencies;                           stored are set out in Annex I.
Whereas, given the current market situation, a standing                                    Article 3
invitation to tender should be opened for the export of
26 334 tonnes of rye held by the Austrian intervention           1. Notwithstanding the third paragraph of Article 16 of
agency;                                                          Regulation (EEC) No 2131/93, the price to be paid for the
                                                                 export shall be that quoted in the tender.
Whereas special procedures must be laid down to ensure           2. No export refund or tax or monthly increase shall
that the operations and their monitoring are properly            be granted on exports carried out pursuant to this Regula-
effected; whereas, to that end, provision should be made         tion.
for a security lodgement scheme which ensures that aims
are met while avoiding excessive costs for the operators;        3. Article 8(2) of Regulation (EEC) No 2131/93 shall
whereas derogations should accordingly be made to                not apply.
certain rules, in particular those laid down in Regulation
(EEC) No 2131/93;                                                4. In application of Article 7(2a) of Regulation (EEC)
                                                                 No 2131/93, the successful tenderer shall be reimbursed
                                                                 for the lowest transport costs between the place of storage
Whereas, where removal of the rye is delayed by more             and the actual place of exit.
than five days or the release of one of the securities
required is delayed for reasons imputable to the interven-
tion agency the Member State concerned must pay                                            Article 4
compensation;                                                    1. The export licences shall be valid from their date of
                                                                 issue within the meaning of Article 9 of Regulation (EEC)
Whereas Article 7(2a) of Regulation (EEC) No 2131/93             No 2131/93 until the end of the fourth month thereafter.
provides for the possibility of reimbursing the successful
                                                                 2. Tenders submitted in response to this invitation to
tenderer for the lowest transport costs between the place
                                                                 tender may not be accompanied by export licence appli-
of storage and the actual place of exit; whereas, in view of
                                                                 cations submitted pursuant to Article 44 of Commission
Austria’s geographical position, that provision should be
                                                                 Regulation (EEC) No 3719/88 (5).
applied;
                                                                                           Article 5
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                 1. Notwithstanding Article 7(1) of Regulation (EEC)
Committee for Cereals,                                           No 2131/93, the time limit for submission of tenders in
                                                                 respect of the first partial invitation to tender shall be 9
(1) OJ L  181, 1. 7. 1992, p. 21.                                a.m. (Brussels time) on 30 July 1998.
(2) OJ L  126, 24. 5. 1996, p. 37.
(3) OJ L  191, 31. 7. 1993, p. 76.
(4) OJ L  293, 16. 11. 1996, p. 1.                               (5) OJ L 331, 2. 12. 1988, p. 1.
 ---pagebreak--- L 210/44            ¬ EN ¬             Official Journal of the European Communities                                28. 7. 98
2. The time limit for submission of tenders in respect           (c) higher than the minimum characteristics laid down
of subsequent partial invitations to tender shall be 9 a.m.          for intervention but below the quality described in the
(Brussels time) each Thursday thereafter.                            notice of invitation to tender, and a difference ex-
                                                                     ceeding the limits set out in point (b), the successful
3. The last partial invitation to tender shall be 9 a.m.             tenderer may:
(Brussels time) on 27 May 1999.
                                                                     — accept the lot as established, or
4. Tenders shall be lodged with the Austrian interven-               — refuse to take over the lot in question. The
tion agency.                                                             successful tenderer shall be discharged of all his
                                                                         obligations relating to the lot in question and the
                                                                         securities shall be released only once he has
                          Article 6                                      informed the Commission and the intervention
                                                                         agency forthwith in accordance with Annex II;
                                                                         however, if he requests the intervention agency to
1. The intervention agency, the storer and the                           supply him with another lot of intervention rye of
successful tenderer shall, at the request of the latter and              the quality laid down at no additional charge, the
by common agreement, either before or at the time of                     security shall not be released. The lot must be
removal from storage as the successful tenderer chooses,                 replaced within three days of the date of the
take reference samples for counter-analysis at the rate of               successful tenderer’s request. The successful
at least one sample for every 500 tonnes and shall analyse               tenderer shall notify the Commission immediately
the samples. The intervention agency may be represented                  thereof in accordance with Annex II;
by a proxy, provided this is not the storer.
                                                                 (d) below the minimum characteristics laid down for
The analysis results shall be forwarded to the Commission
                                                                     intervention, the successful tenderer may not remove
in the event of a dispute.
                                                                     the lot in question. He shall be discharged of all his
                                                                     obligations relating to the lot in question and the
Reference samples for counter-analysis shall be taken and            securities shall be released only once he has informed
analysed within seven working days of the date of the                the Commission and the intervention agency forth-
successful tenderer’s request or within three working days           with in accordance with Annex II; however, he may
if the samples are taken on removal from storage. Where              request the intervention agency to supply him with
the final result of sample analyses indicates a quality:             another lot of intervention rye of the quality laid
                                                                     down at no additional charge. In that case, the security
(a) higher than that specified in the notice of invitation to        shall not be released. The lot must be replaced within
     tender, the successful tenderer must accept the lot as          three days of the date of the successful tenderer’s
     established;                                                    request. The successful tenderer shall immediately
                                                                     inform the Commission thereof in accordance with
                                                                     Annex II.
(b) higher than the minimum characteristics laid down
     for intervention but below the quality described in the
     notice of invitation to tender, providing that the dif-     2. However, if the rye is removed before the results of
     ferences having regard to those criteria do not exceed      the analyses are known, all risks shall be borne by the
     the following limits:                                       successful tenderer from the time the lot is removed,
                                                                 without prejudice to any means of redress of which he
     — one kilogram per hectolitre as regards specific           may avail himself against the storer.
         weight, which must not, however, be less than 68
         kg/hl,
                                                                 3. If, as a result of successive replacements, the
     — one percentage point as regards moisture content,         successful tenderer has not received a replacement lot of
                                                                 the quality laid down within one month of the date of his
     — half a percentage point as regards impurities as          request for a replacement, he shall be discharged of all his
         specified in points B.2 and B.4 of the Annex to         obligations and the securities shall be released once he
         Commission Regulation (EEC) No 689/92 (1), and          has informed the Commission and the intervention
                                                                 agency forthwith in accordance with Annex II.
     — half a percentage point as regards impurities as
         specified in point B.5 of the Annex to Regulation
         (EEC) No 689/92, the percentages admissible for         4. Except where the final results of analyses indicate a
         noxious grains and ergot, however, remaining            quality below the minimum characteristics laid down for
         unchanged,                                              intervention, the costs of taking the samples and con-
                                                                 ducting 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
(1) OJ L 74, 20. 3. 1992, p. 18.                                 by the successful tenderer shall be borne by him.
 ---pagebreak--- 28. 7. 98             ¬ EN ¬           Official Journal of the European Communities                                L 210/45
                           Article 7                              2. The obligation to export to the third countries shall
                                                                  be covered by a security amounting to ECU 50 per tonne
By derogation from Article 12 of Commission Regulation            of which ECU 30 per tonne shall be lodged when the
(EEC) No 3002/92 (1), the documents relating to the sale          export licence is issued, with the balance of ECU 20 per
of rye in accordance with this Regulation, and in par-            tonne being lodged before removal of the cereals.
ticular the export licence, the removal order referred to in
Article 3(1)(b) of Regulation (EEC) No 3002/92, the               Article 15(2) of Regulation (EEC) No 3002/92 notwith-
export declaration and, where necessary, the T5 copy shall        standing:
carry the entry:                                                  — the amount of ECU 30 per tonne must be released
— Centeno de intervención sin aplicación de restitución               within 20 working days of the date on which the
     ni gravamen, Reglamento (CE) no 1641/98                          successful tenderer supplies proof that the rye
— Rug fra intervention uden restitutionsydelse eller                  removed has left the customs territory of the Com-
     -afgift, forordning (EF) nr. 1641/98                             munity,
— Interventionsroggen ohne Anwendung von Aus-                     — the amount of ECU 20 per tonne must be released
     fuhrerstattungen oder Ausfuhrabgaben, Verordnung                 within 15 working days of the date on which the
     (EG) Nr. 1641/98                                                 successful tenderer supplies the proof referred to in
— ΣÄικαλη παρεµβασηrÄ         χωρÄιr εφαρµογηÄ επιστροφηr Ä           Article 17(3) of Regulation (EEC) No 2131/93.
     ηÄ φορου,
           Ä      κανονισµοr Ä (ΕΚ) αριθ. 1641/98                 3. Except in duly substantiated exceptional cases, in
— Intervention rye without application of refund or tax,          particular the opening of an administrative enquiry, any
     Regulation (EC) No 1641/98                                   release of the securities provided for in this Article after
— Seigle d’intervention ne donnant pas lieu à restitution         the time limits specified in this same Article shall confer
     ni taxe, règlement (CE) no 1641/98                           an entitlement to compensation from the Member State
— Segala d’intervento senza applicazione di restituzione          amounting to ECU 0,015 per 10 tonnes for each day’s
     né di tassa, regolamento (CE) n. 1641/98                     delay.
— Rogge uit interventie, zonder toepassing van restitutie         This compensation shall not be charged to the EAGGF.
     of belasting, Verordening (EG) nr. 1641/98
— Centeio de intervenção sem aplicação de uma resti-                                      Article 9
     tuição ou imposição, Regulamento (CE) në 1641/98
                                                                  Within two hours of the expiry of the time limit for the
— Interventioruista, johon ei sovelleta vientitukea eikä          submission of tenders, the Austrian intervention agency
     vientimaksua, asetus (EY) N:o 1641/98                        shall notify the Commission of tenders received. Such
— Interventionsråg, utan tillämpning av bidrag eller              notification shall be made using the model set out in
     avgift, förordning (EG) nr 1641/98.                          Annex III and the telex or fax numbers set out in Annex
                                                                  IV.
                           Article 8
                                                                                           Article 10
1. The security lodgement pursuant to Article 13(4) of
Regulation (EEC) No 2131/93 must be released once the             This Regulation shall enter into force on the day of its
export licences have been issued to the successful ten-           publication in the Official Journal of the European
derers.                                                           Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 27 July 1998.
                                                                            For the Commission
                                                                              Franz FISCHLER
                                                                       Member of the Commission
(1) OJ L 301, 17. 10. 1992, p. 17.
 ---pagebreak--- L 210/46  ¬ EN ¬              Official Journal of the European Communities                                  28. 7. 98
                                                      ANNEX I
                                                                                     (tonnes)
                                       Place of storage                    Quantity
                         Niederösterreich                                    9 657
                         Oberösterreich                                    16 677
                                                     ANNEX II
         Communication of refusal of lots under the standing invitation to tender for the export of
                                rye held by the Austrian intervention agency
                                  (Article 6(1) of Regulation (EC) No 1641/98)
         — 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--- 28. 7. 98    ¬ EN ¬                 Official Journal of the European Communities                                          L 210/47
                                                           ANNEX III
          Standing invitation to tender for the export of rye held by the Austrian intervention agency
                                                  (Regulation (EC) No 1641/98)
                  1               2                3               4               5              6                7
                                                                            Price increases
                                                              Offer price       (+) or      Commercial
               Tender       Consignment        Quantity                       reductions        costs         Destination
                 No              No            (tonnes)      (ECU/tonne)          (–)
                                                                  (1)                       (ECU/tonne)
                                                                             (ECU/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).