CELEX: 32000R2070
Language: en
Date: 2000-09-29 00:00:00
Title: Commission Regulation (EC) No 2070/2000 of 29 September 2000 opening a standing invitation to tender for the export of rye held by the Danish intervention agency

30.9.2000              EN                     Official Journal of the European Communities                                         L 246/27
                                         COMMISSION REGULATION (EC) No 2070/2000
                                                         of 29 September 2000
               opening a standing invitation to tender for the export of rye held by the Danish intervention
                                                                   agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                              2.     The regions in which the 20 368 tonnes of rye are stored
                                                                         are set out in Annex I.
Having regard to the Treaty establishing the European
Community,
                                                                                                       Article 3
Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in                    1.     Notwithstanding the third paragraph of Article 16 of
cereals (1), as last amended by Regulation (EC) No 1666/                 Regulation (EEC) No 2131/93, the price to be paid for the
2000 (2), and in particular Article 5 thereof,                           export shall be that quoted in the tender.
Whereas:
                                                                         2.     No export refund or tax or monthly increase shall be
                                                                         granted on exports carried out pursuant to this Regulation.
(1)     Commission Regulation (EEC) No 2131/93 (3), as last
        amended by Regulation (EC) No 1630/2000 (4), lays
        down the procedure and conditions for the disposal of            3.     Article 8(2) of Regulation (EEC) No 2131/93 shall not
        cereals held by intervention agencies.                           apply.
(2)     Given the current market situation, a standing invitation
        to tender should be opened for the export of 20 368                                            Article 4
        tonnes of rye held by the Danish intervention agency.
                                                                         1.     The export licences shall be valid from their date of issue
(3)     Special procedures must be laid down to ensure that the          within the meaning of Article 9 of Regulation (EEC) No 2131/
        operations and their monitoring are properly effected.           93 until the end of the fourth month thereafter.
        To that end, provision should be made for a security
        lodgement scheme which ensures that aims are met                 2.     Tenders submitted in response to this invitation to tender
        while avoiding excessive costs for the operators. Deroga-        may not be accompanied by export licence applications
        tions should accordingly be made to certain rules, in            submitted pursuant to Article 44 of Commission Regulation
        particular those laid down in Regulation (EEC) No 2131/          (EEC) No 3719/88 (5).
        93.
(4)     Where removal of the rye is delayed by more than five                                          Article 5
        days or the release of one of the securities required is
        delayed for reasons imputable to the intervention agency         1.     Notwithstanding Article 7(1) of Regulation (EEC) No
        the Member State concerned must pay compensation.                2131/93, the time limit for submission of tenders in respect of
                                                                         the first partial invitation to tender shall be 9 a.m. (Brussels
(5)     Measures provided for in this Regulation are in accord-          time) on 12 October 2000.
        ance with the opinion of the Management 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. (Brus-
                                                                         sels time) on 17 May 2001.
                              Article 1
                                                                         4.     Tenders shall be lodged with the Danish intervention
Subject to the provisions of this Regulation the Danish inter-           agency.
vention agency issues a standing invitation to tender for the
export of rye held by it in accordance with Regulation (EEC)
No 2131/93.                                                                                            Article 6
                                                                         1.     The intervention agency, the storer and the successful
                              Article 2                                  tenderer shall, at the request of the latter and by common
                                                                         agreement, either before or at the time of removal from storage
1.     The invitation to tender shall cover a maximum of                 as the successful tenderer chooses, take reference samples for
20 368 tonnes of rye for export to third countries.                      counter-analysis at the rate of at least one sample for every 500
                                                                         tonnes and shall analyse the samples. The intervention agency
(1) OJ L  181, 1.7.1992, p. 21.                                          may be represented by a proxy, provided this is not the storer.
(2) OJ L  193, 29.7.2000, p. 1.
(3) OJ L  191, 31.7.1993, p. 76.
(4) OJ L  187, 26.7.2000, p. 24.                                         (5) OJ L 331, 2.12.1988, p. 1.
 ---pagebreak--- L 246/28               EN                      Official Journal of the European Communities                                     30.9.2000
The analysis results shall be forwarded to the Commission in                   quality laid down at no additional charge. In that case, the
the event of a dispute.                                                        security shall not be released. The lot must be replaced
                                                                               within three days of the date of the successful tenderer's
                                                                               request. The successful tenderer shall immediately inform
Reference samples for counter-analysis shall be taken and                      the Commission thereof in accordance with Annex II.
analysed within seven working days of the date of the
successful tenderer's request or within three working days if the
samples are taken on removal from storage. Where the final                2.     However, if the rye is removed before the results of the
result of sample analyses indicates a quality:                            analyses are known, all risks shall be borne by the successful
                                                                          tenderer from the time the lot is removed, without prejudice to
                                                                          any means of redress of which he may avail himself against the
(a) higher than that specified in the notice of invitation to             storer.
     tender, the successful tenderer must accept the lot as estab-
     lished;
                                                                          3.     If, as a result of successive replacements, the successful
(b) higher than the minimum characteristics laid down for                 tenderer has not received a replacement lot of the quality laid
     intervention but below the quality described in the notice           down within one month of the date of his request for a
     of invitation to tender, providing that the differences              replacement, he shall be discharged of all his obligations and
     having regard to those criteria do not exceed the following          the securities shall be released once he has informed the
     limits:                                                              Commission and the intervention agency forthwith in accord-
                                                                          ance with Annex II.
     — one kilogram per hectolitre as regards specific weight,
         which must not, however, be less than 68 kg/hl,                  4.     Except where the final results of analyses indicate a
     — one percentage point as regards moisture content,                  quality below the minimum characteristics laid down for inter-
                                                                          vention, the costs of taking the samples and conducting the
     — half a percentage point as regards impurities as speci-            analyses provided for in paragraph 1 but not of inter-bin
         fied in points B.2 and B.4 of the Annex to Commission            transfers shall be borne by the European Agricultural Guidance
         Regulation (EEC) No 689/92 (1),                                  and Guarantee Fund (EAGGF) in respect of up to one analysis
         and                                                              per 500 tonnes. The costs of inter-bin transfers and any addi-
                                                                          tional analyses requested by the successful tenderer shall be
     — half a percentage point as regards impurities as speci-            borne by him.
         fied in point B.5 of the Annex to Regulation (EEC) No
         689/92, the percentages admissible for noxious grains
         and ergot, however, remaining unchanged,
                                                                                                       Article 7
    the successful tenderer must accept the lot as established;
                                                                          By derogation from Article 12 of Commission Regulation (EEC)
(c) higher than the minimum characteristics laid down for                 No 3002/92 (2), the documents relating to the sale of rye in
     intervention but below the quality described in the notice           accordance with this Regulation, and in particular the export
     of invitation to tender, and a difference exceeding the limits       licence, the removal order referred to in Article 3(1)(b) of
     set out in point (b), the successful tenderer may:                   Regulation (EEC) No 3002/92, the export declaration and,
                                                                          where necessary, the T5 copy shall carry the entry:
     — accept the lot as established, or
                                                                          — Centeno de intervención sin aplicación de restitución ni
     — refuse to take over the lot in question. The successful                gravamen, Reglamento (CE) no 2070/2000,
         tenderer shall be discharged of all his obligations
         relating to the lot in question and the securities shall be      — Rug fra intervention uden restitutionsydelse eller -afgift,
         released only once he has informed the Commission                    forordning (EF) nr. 2070/2000,
         and the intervention agency forthwith in accordance              — Interventionsroggen ohne Anwendung von Ausfuhrerstat-
         with Annex II; however, if he requests the intervention              tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 2070/
         agency to supply him with another lot of intervention                2000,
         rye of the quality laid down at no additional charge, the
         security shall not be released. The lot must be replaced         — Σίκαλη παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου,
         within three days of the date of the successful tenderer's           κανονισµός (ΕΚ) αριθ. 2070/2000,
         request. The successful tenderer shall notify the                — Intervention rye without application of refund or tax, Regu-
         Commission immediately thereof in accordance with                    lation (EC) No 2070/2000,
         Annex II;
                                                                          — Seigle d'intervention ne donnant pas lieu à restitution ni
(d) below the minimum characteristics laid down for interven-                 taxe, règlement (CE) no 2070/2000,
     tion, the successful tenderer may not remove the lot in              — Segala d'intervento senza applicazione di restituzione né di
     question. He shall be discharged of all his obligations                  tassa, regolamento (CE) n. 2070/2000,
     relating to the lot in question and the securities shall be
                                                                          — Rogge uit interventie, zonder toepassing van restitutie of
     released only once he has informed the Commission and
                                                                              belasting, Verordening (EG) nr. 2070/2000,
     the intervention agency forthwith in accordance with
     Annex II; however, he may request the intervention agency            — Centeio de intervenção sem aplicação de uma restituição ou
     to supply him with another lot of intervention rye of the                imposição, Regulamento (CE) n.o 2070/2000,
(1) OJ L 74, 20.3.1992, p. 18.                                            (2) OJ L 301, 17.10.1992, p. 17.
 ---pagebreak--- 30.9.2000             EN                     Official Journal of the European Communities                                       L 246/29
— Interventioruista, johon ei sovelleta vientitukea eikä vienti-        — the amount of EUR 50 per tonne must be released within
    maksua, asetus (EY) N:o 2070/2000,                                      15 working days of the date on which the successful
— Interventionsråg, utan tillämpning av bidrag eller avgift,                tenderer supplies the proof referred to in Article 17(3) of
    förordning (EG) nr 2070/2000.                                           Regulation (EEC) No 2131/93.
                                                                        3.    Except in duly substantiated exceptional cases, in partic-
                                                                        ular the opening of an administrative enquiry, any release of
                            Article 8                                   the securities provided for in this Article after the time limits
                                                                        specified in this same Article shall confer an entitlement to
1.    The security lodgement pursuant to Article 13(4) of               compensation from the Member State amounting to
Regulation (EEC) No 2131/93 must be released once the export            EUR 0,015 per 10 tonnes for each day's delay.
licences have been issued to the successful tenderers.                  This compensation shall not be charged to the EAGGF.
2.    The obligation to export to the third countries shall be                                      Article 9
covered by a security amounting to EUR 75 per tonne of
which EUR 50 per tonne shall be lodged when the export                  Within two hours of the expiry of the time limit for the
licence is issued, with the balance of EUR 25 per tonne being           submission of tenders, the Danish intervention agency shall
lodged before removal of the cereals.                                   notify the Commission of tenders received. Such notification
                                                                        shall be made using the model set out in Annex III and the
Article 15(2) of Regulation (EEC) No 3002/92 notwithstanding:           telex or fax numbers set out in Annex IV.
— the amount of EUR 25 per tonne must be released within                                           Article 10
    15 working days of the date on which the successful
    tenderer supplies proof that the rye removed has left the           This Regulation shall enter into force on the day of its publica-
    customs territory of the Community,                                 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, 29 September 2000.
                                                                                     For the Commission
                                                                                       Franz FISCHLER
                                                                                 Member of the Commission
 ---pagebreak--- L 246/30       EN                         Official Journal of the European Communities                                     30.9.2000
                                                                   ANNEX I
                                                                                              (tonnes)
                                                   Place of storage                  Quantity
                               Jylland                                                 20 368
                                                                  ANNEX II
         Communication of refusal of lots under the standing invitation to tender for the export of rye held by the
                                                      Danish intervention agency
                                           (Article 6(1) of Regulation (EC) No 2070/2000)
         — Name of successful tenderer:
         — Date of award contract:
         — Date of refusal of lot by successful tenderer:
                                       Quantity                    Address
               Lot No                                                                Reason for refusal to take over
                                      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--- 30.9.2000           EN                           Official Journal of the European Communities                                            L 246/31
                                                                        ANNEX III
                   Standing invitation to tender for the export of rye held by the Danish intervention agency
                                                           (Regulation (EC) No 2070/2000)
                   1                   2                  3                    4                 5                 6              7
                                                                          Offer price   Price increases (+)
                                                                                                            Commercial costs
               Tender No       Consignment No Quantity (tonnes)          (EUR/tonne)     or reductions (–)                   Destination
                                                                                                              (EUR/tonne)
                                                                               (1)       (EUR/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 (DG AGRI C-1) are:
          — telex:           22037 AGREC B,
                             22070 AGREC B (Greek characters),
          — fax:             (32-2) 296 49 56,
                             (32-2) 295 25 15.