CELEX: 31995R1826
Language: en
Date: 1995-07-26 00:00:00
Title: COMMISSION REGULATION (EC) No 1826/95 of 26 July 1995 on the opening of a standing invitation to tender for 200 000 tonnes of barley held by the German intervention agency for processing in Spain

27. 7. 95             EN                Official Journal of the European Communities                           No L 175/41
                                      COMMISSION REGULATION (EC) No 1826/95
                                                        of 26 July 1995
                 on the opening of a standing invitation to tender for 200 000 tonnes of barley
                          held by the German intervention agency for processing in Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas the Joint Management Committee for Cereals,
                                                                  Oils and Fats and Dried Fodder has not delivered an
Having regard to the Treaty establishing the European             opinion within the time limit set by its chairman,
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 Commission                                        Article 1
Regulation (EC) No 1664/95 (2), and in particular Article 5
thereof,
                                                                  1 . Notwithstanding Commission Regulation (EEC) No
                                                                  2131 /93 laying down the procedure and conditions for
Whereas the drought affecting Spain in recent months              the sale of cereals held by intervention agencies (^ the
has resulted in a shortage of fodder, which may induce            German intervention agency shall organize a standing
stockfarmers to sell their livestock early, thereby adversely     invitation to tender under the conditions laid down
affecting their incomes ;                                         hereunder for 200 000 tonnes of barley it holds with a
                                                                  view to processing in Spain.
Whereas that shortage may be made good by making                  2.     The regions where the 200 000 tonnes of barley are
200 000 tonnes of barley available to Spanish stock­              stored are set out in Annex I.
farmers ; whereas, for its part, the Spanish intervention
agency does not have fodder grain available ; whereas such
Community grain is available at the German intervention                                     Article 2
agency ;
                                                                  1 . In the notice of invitation to tender provided for in
Whereas, given the current market situation, a standing           Article 5, the intervention agency shall specify for each
invitation to tender should be opened for 200 000 tonnes          lot the port or place of exit which may be accessed at the
of barley held by the German intervention agency for              lowest transport costs and which has adequate technical
compulsory dispatch to Spain ;                                    facilities for dispatching the cereals put up for tender.
                                                                  2. The lowest transport costs between the place of
Whereas the aim of the measures can only be achieved if           storage and the place of loading at the port or place of
the minimum price laid down under the invitation to               exit referred to in paragraph 1 shall be reimbursed to the
tender takes account of the forwarding costs between              successful tenderer by the intervention agency in respect
Germany and Spain but does not disturb the Spanish                of the quantities delivered.
domestic market ; whereas, under these circumstances, the
most appropriate procedure is that followed for exports of
                                                                                            Article 3
cereals to third countries ; whereas a special system,
combining certain rules on resale on the internal market
and those on exports, should therefore be laid down ;             Tenders shall be deemed to relate to cereals delivered to,
                                                                  but not unloaded at, the ports or places of exit referred to
                                                                  in Article 2.
Whereas, as regards proof of processing in Spain,
Commission Regulation (EEC) No 3002/92 of 16 October
1992 laying down common detailed rules for verifying the                                    Article 4
use and/or destination of products from intervention (3), as
last amended by Regulation (EEC) No 1938/93 (4), should           When each closing date for the submission of tenders has
apply ;                                                           expired, the Member State concerned shall forward to the
                                                                  Commission a list of tenders, without names, showing in
                                                                  each case in particular the quantity, the price and the
Whereas, in view of the early harvest in Spain and if the         price increases or reductions applying thereto. In
provisions of this Regulation are to produce an effect, the       accordance with the procedure laid down in Article 23 of
measures adopted must be applied as soon as possible ;            Regulation (EEC) No 1766/92, the Commission shall fix
                                                                  the minimum selling price or shall decide to take no
(') OJ No L 181 , 1 . 7. 1992, p. 21 .                            action in respect of tenders received.
b) OJ No L 158, 8. 7. 1995, p. 13.
(') OJ No L 301 , 17. 10. 1992, p. 17.
(4) OJ No L 176, 20. 7. 1993, p. 12.                              Is) OJ No L 191 , 31 . 7. 1993, p. 76.
 ---pagebreak---  No L 175/42         I EN I             Official Journal of the European Communities                                 27 . 7. 95
 The minimum selling price shall be set at a level which           2.    The time limit for the submission of tenders in
 does not disturb the Spanish market.                              response to subsequent partial invitations to tender shall
                                                                   expire at 9 a.m. (Brussels time) each Thursday.
                            Article 5                              3. The closing date for the last partial invitation to
                                                                   tender shall expire at 9 a.m. (Brussels time) on 31 August
 At least five days before the first closing date for the          1995.
 submission of tenders, the German intervention agency
                                                                   4.   Tenders must be submitted to the German interven­
 shall publish a notice of invitation to tender setting out :
                                                                   tion agency at the following address :
 — supplementary terms and conditions of sale in
     accordance with this Regulation,                              Bundesanstalt für Landwirtschaft und Ernährung (BLE),
                                                                  Adickesallee 40,
 — the main physical and technical characteristics of the          D-60322 Frankfurt/Main,
     various lots as ascertained at the time of buying-in by      (Telex : 4-11475, 4-16044).
     the intervention agency or during checks conducted
     thereafter,
                                                                                            Article 8
 — the places of storage and the names and addresses of
     the storers .                                                Not later than two hours after the expiry of the time limit
                                                                  for the submission of tenders, the German intervention
 The notice and any amendments thereto shall be                   agency shall notify the Commission of tenders received.
 forwarded to the Commission before the first closing date        Such notifications shall be sent to the telex or telefax
 for the submission of tenders.                                   numbers set out in Annex III, using the model set out in
                                                                  Annex II.
 The German intervention agency shall take all measures
 necessary to enable interested parties to assess the quality                               Article 9
 of the cereals put up for sale before submitting their
 tenders .
                                                                  The intervention agency shall immediately inform all
                                                                  tenderers of the outcome of their tenders. Within three
                            Article 6
                                                                  working days of such notification, it shall forward state­
                                                                  ments of award to the successful tenderers by registered
                                                                  letter or written telecommunication .
 1 . Tenders shall refer to the standard quality defined in
 Council Regulation (EEC) No 2731 /75 fixing standard
 qualities for common wheat, rye, barley, maize and durum                                  Article 10
wheat (').
                                                                  Successful tenderers shall pay for the cereals before they
Where the quality of the cereals does not comply with             are removed and at the latest within one month of the
the standard quality, the price of the tender accepted shall      date of forwarding of the statements referred to in Article
be adjusted by applying price increases or reductions             9. They shall bear all risks and storage costs in respect of
 pursuant to Articles 4 and 5 of Regulation (EEC) No              cereals not removed within the term of payment.
 1766/92.
                                                                  Cereals covered by contracts awarded and not removed
2.     Tenders submitted may not be adjusted or with­             within the term of payment shall be deemed to all effects
drawn .                                                           to have been removed on expiry of that term. In such
                                                                  cases, the tender price shall be adjusted by reference to
Tenders shall only be valid if they are accompanied by :          the quality specifications laid down in the notice of invi­
                                                                  tation to tender.
— proof that the tenderer has lodged a security of ECU
     10 per tonne,                                                Where the successful tenderer has not paid for the cereals
                                                                  within the term laid down in the first paragraph, the
— proof that a contract of sale for delivery in Spain has         contract shall be cancelled by the intervention agency in
     been concluded, subject to award to the contract,            respect of the quantities not paid for.
— a written undertaking by the tenderer that the cereals
     covered by the award will be processed in Spain by 31                                 Article 11
     October 1995 at the latest.
                                                                  Securities as referred to in Article 6 (2) shall be released
                                                                  where they cover quantities in respect of which :
                            Article 7
                                                                  — the tender has not been accepted,
1.    The time limit for the submission of tenders in
                                                                  — the selling price is paid within the term laid down
response to the first partial invitation to tender shall              and a security covering the difference between the
expire at 9 a.m. (Brussels time) on 3 August 1995.                    price accepted and the intervention price applying on
                                                                      the closing date for the submission of tenders, plus
(') OJ No L 281 , 1 . 11 . 1975, p. 22.                                ECU 30/tonne, has been lodged.
 ---pagebreak--- 27. 7. 95             EN              Official Journal of the European Communities                         No L 175/43
                          Article 12                             — Destinados a la transformación [Reglamento (CE) n°
                                                                    1826/951
1.    Securities as referred to in the second indent of          — Til forarbejdning (forordning (EF) nr. 1826/95),
Article 1 1 shall be released where they cover quantities in     — Zur Verarbeitung bestimmt (Verordnung (EG) Nr.
respect of which the tenderers provide proof that the               1826/95),
product :                                                        — Προορίζονται για μεταποίηση [Κανονισμός (ΕΚ)
— has been processed in Spain by 31 October 1995 at                 αριθ. 1826/95],
    the latest, except in cases of force majeure, or             — For processing (Regulation (EC) No 1826/95),
— is no longer fit for human or animal consumption.              — Destinees a la transformation [règlement (CE) n0
                                                                    1826/951,
2. Proof that the cereals covered by this Regulation             — Destinate alla trasformazione [regolamento (CE) n.
have been processed in Spain shall be furnished in                  1826/95],
accordance with Regulation (EEC) No 3002/92.                     — Bestemd om te worden verwerkt (Verordening (EG) nr.
                                                                    1826/95),
However, processing shall be deemed to have taken place          — Para transformação [Regulamento (CE) n? 1826/95],
once the rye has been delivered to a store in Spain .            — Tarkoitettu jalostukseen [Asetus (EY) N:o 1826/95],
                                                                 — För bearbetning (förordning (EG) nr 1826/95).
                          Article 13
                                                                                        Article 14
In addition to the endorsements provided for in Regula­          This Regulation shall enter into force on the day of its
tion (EEC) No 3002/92, box 104 of the T5 control copy            publication in the Official Journal of the European
must bear one ore more of the following :                        Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 26 July 1995.
                                                                          For the Commission
                                                                            Franz FISCHLER
                                                                      Member of the Commission
 ---pagebreak--- No L 175/44   EN |                 Official Journal of the European Communities                                  27. 7. 95
                                                           ANNEX I
                                                                                          (tonnes)
                                            Place of storage                  Quantity
                             Schleswig-Holstein/Hamburg/                      45 351
                             Niedersachsen/ Bremen /
                             Nordrhein-Westfalen
                             Hessen/Rheinland-Pfalz/                            3 673
                             Baden-Wurttemberg/Saarland/Bayern
                             Berlin/Brandenburg/Mecklenburg-                  95 921
                             Vorpommern
                             Sachsen/Sachsen-Anhalt/Thüringen                 55 060
                                                          ANNEX II
            Standing invitation for the resale of 200 000 tonnes of barley held by the German interven­
                                           tion agency for dispatch to Spain
                                                (Regulation (EC) No 1826/95)
                     1              2                   3             4                 5               6
                                                                                 Price increase
                                                                                       (+)         Commercial
               Number of         Number            Quantity      Tender price     or reduction
                                                                                                      costs
                 tenderer         of lot            (tonnes)     (ECU/tonne)           (")         (ECU/tonne)
                                                                                  (ECU/tonne)
                                                                                     (p. m.)
                     1
                     2
                     3
                    etc .
                                                          ANNEX III
            Only the following numbers in Brussels should be used (DG VI. (C.1 ) Attention : Messrs Thibault and
            Brus) :
            — telex :            — 22037 AGREC B,
                                 — 22070 AGREC B (Greek alphabet);
            — telefax :          — 295 01 32,
                                 — 296 10 97,
                                 — 295 25 15.