CELEX: 31996R1178
Language: en
Date: 1996-06-27 00:00:00
Title: COMMISSION REGULATION (EC) No 1178/96 of 27 June 1996 opening a standing invitation to tender for the export of rye held by the German intervention agency

No L 155/32        fENl                 Official Journal of the European Communities                                 28 . 6. 96
                                       COMMISSION REGULATION (EC) No 1178/96
                                                        of 27 June 1996
                   opening a standing invitation to tender for the export of rye held by the German
                                                      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,                                                         200 000 tonnes of rye for export to third countries.
 Having regard to Council Regulation (EEC) No 1766/92               2.   The regions in which the 200 000 tonnes of rye 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 1 6 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
 200 000 tonnes of rye held by the German 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 rye is delayed by more               Regulation (EEC) No 3719/88 0.
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 4 July 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 German interven­
                                                                   tion agency.
Subject to the provisions of this Regulation the German
intervention agency issues a standing invitation to tender                                   Article 6
for the export of rye held by it in accordance with Regu­
lation (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.
P) OJ No L 191 , 31 . 7. 1993, p. 76.
h) OJ No L 21 , 26. 1 . 1994, p. 1 .                               0 OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak---   28 . 6. 96             EN               Official Journal of the European Communities                             No L 155/33
  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 rye of
  at least one sample for every 500 tonnes and shall analyse                 the quality laid down at no additional charge, the
  the samples. The intervention agency may be represented                    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 tenderers request. The successful
                                                                             tenderer shall notify the Commission immediately
 The analysis results shall be forwarded to the Commission                   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
 analysed within seven working days of the date of the                   intervention, the successful tenderer may not remove
 successful tenderers 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 rye 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 dif­           Annex II.
       ferences having regard to those criteria do not exceed
      the following limits:
                                                                    2. However, if the rye is removed before the results of
      — one kilogram per hectolitre as regards specific             the analyses are known, all risks shall be borne by the
           weight, which must not, however, be less than 68         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 conduc­
      lished;                                                       ting 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 bome 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 rye 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 155/34        I EN I            Official Journal of the European Communities                                 28. 6. 96
 — Centeno de intervención sin aplicación de restitución         Article 15 (2) of Commission Regulation (EEC) No
     ni gravamen, Reglamento (CE) n° 1178/96                      3002/92 (') notwithstanding:
 — Rug fra intervention uden restitutionsydelse eller            — the amount of ECU 30 per tonne must be released
    -afgift, forordning (EF) nr. 1178/96                             within 20 working days of the date on which the
 — Interventionsroggen ohne Anwendung von Aus­                       successful tenderer supplies proof that the rye
    fuhrerstattungen oder Ausfuhrabgaben, Verordnung                 removed has left the customs territory of the Commu­
    (EG) Nr. 1178/96                                                 nity,
 — Σίκαλη παρέμβασης χωρίς εφαρμογή επιστροφής                   — the amount of ECU 20 per tonne must be released
    ή φόρου, κανονισμός (ΕΚ.) αριθ. 1 178/96                         within 15 working days of the date on which the
 — Intervention rye without application of refund or tax,            successful tenderer supplies proof of entry for
    Regulation (EC) No 1178/96                                       consumption into a third country. This proof shall be
                                                                     suplied in accordance with Articles 18 and 47 of
 — Seigle d intervention ne donnant pas lieu a restitution
    ni taxe, règlement (CE) n0 1178/96                               Commission Regulation (EEC) No 3665/87 (2).
— Segala d intervento senza applicazione di restituzione         3. Except in duly substantiated exceptional cases, in
    né di tassa, regolamento (CE) n. 1178/96                     particular the opening of an administrative enquiry, any
— Rogge uit interventie, zonder toepassing van restitutie        release of the securities provided for in this Article after
    of belasting, Verordening (EG) nr. 11 78/96                  the time limits specified in this same Article shall confer
                                                                 an entitlement to compensation from the Member State
— Centeio de intervenção sem aplicação de uma resti­             amounting to ECU 0,015 per 10 tonnes for each day's
    tuição ou imposição, Regulamento (CE) n? 1178/96             delay.
— Interventioruista, johon ei sovelleta vientitukea eikä
    vientimaksua, asetus (EY) N:o 1178/96                       This compensation shall not be charged to the European
                                                                Agricultural Guidance and Guarantee Fund (EAGGF).
— Interventionsråg, utan tillämpning av bidrag eller
    avgift, förordning (EG) nr 1178/96.                                                   Article 9
                         Article 8                              Within two hours of the expiry of the time limit for the
                                                                submission of tenders, the German 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 ten­         Annex III and the telex or fax numbers set out in Annex
derers.                                                         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, 27 June 1996.
                                                                           For the Commission
                                                                             Franz FISCHLER
                                                                      Member of the Commission
                                                               (') OJ No L 301 , 17. 10. 1992, p. 17.
                                                               Ì2) OJ No L 351 , 14. 12. 1987, p. 1 .
 ---pagebreak--- 28 . 6. 96    EN                 Official Journal of the European Communities                                 No L 155/35
                                                         ANNEX I
                                                                                         (tonnes)
                                          Place of storage                    Quantity
                           Schleswig-Holstein/Hamburg/
                            Niedersachsen/Bremen/
                            Nordrhein-Westfalen                                72188
                           Hessen/Rheinland-Pfalz/
                           Baden-Württemberg/Saarland/Bayern                   11 500
                           Berlin/Brandenburg/
                           Mecklenburg-Vorpommern                              69 834
                           Sachsen/Sachsen-Anhalt/Thüringen                    46 401
                                                        ANNEX II
           Communication of refusal of lots under the standing invitation to tender for the export of
                                  rye held by the German intervention agency
                                    (Article 6 (1 ) of Regulation (EC) No 1178/96)
           — 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 155/36       EN                   Official Journal of the European Communities                                         28. 6. 96
                                                              ANNEX III
             Standing invitation to tender for the export of rye held by the German intervention agency
                                                     (Regulation (EC) No 1178/96)
                     1               2                3              4                s             6                7
                                                                              Price increases
                                                                Offer price        (+) or       Commercial
                 Tender        Consignment       Quantity      (BCU/tonne)
                                                                                 reductions
                                                                                                  costs         Destination
                    No              No            (tonnes)                          (-)
                                                                     C)        (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);
            — fax:                  296 49 56,
                                    295 2515.