CELEX: 31999R0814
Language: en
Date: 1999-04-19 00:00:00
Title: Commission Regulation (EC) No 814/1999 of 19 April 1999 opening a standing invitation to tender for the export of sorghum held by the French intervention agency

20. 4. 1999           EN                Official Journal of the European Communities                                   L 103/9
                                   COMMISSION REGULATION (EC) No 814/1999
                                                      of 19 April 1999
                  opening a standing invitation to tender for the export of sorghum held by the
                                                French intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        for the export of sorghum held by it in accordance with
                                                                   Regulation (EEC) No 2131/93.
Having regard to the Treaty establishing the European
Community,
                                                                                              Article 2
Having regard to Council Regulation (EEC) No 1766/92               1.    The invitation to tender shall cover a maximum of
of 30 June 1992 on the common organisation of the                  28 600 tonnes of sorghum for export to third countries.
market in cereals (1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article 5         2.    The regions in which the 28 600 tonnes of sorghum
thereof,                                                           are stored are set out in Annex I.
Whereas Commission Regulation (EEC) No 2131/93 (3),
as last amended by Regulation (EC) No 39/1999 (4), lays                                       Article 3
down the procedure and conditions for the disposal of
cereals held by intervention agencies;                             1.    Notwithstanding the third paragraph of Article 16 of
                                                                   Regulation (EEC) No 2131/93, the price to be paid for the
Whereas, given the current market situation, a standing            export shall be that quoted in the tender.
invitation to tender should be opened for the export of
28 600 tonnes of sorghum held by the French interven-              2.    No export refund or tax or monthly increase shall
tion agency;                                                       be granted on exports carried out pursuant to this Regula-
                                                                   tion.
Whereas special procedures must be laid down to ensure
that the operations and their monitoring are properly              3.    Article 8(2) of Regulation (EEC) No 2131/93 shall
effected; whereas, to that end, provision should be made           not apply.
for a security lodgement scheme which ensures that aims
are met while avoiding excessive costs for the operators;
whereas derogations should accordingly be made to                                             Article 4
certain rules, in particular those laid down in Regulation
                                                                   1.    The export licences shall be valid from their date of
(EEC) No 2131/93;
                                                                   issue within the meaning of Article 9 of Regulation (EEC)
                                                                   No 2131/93 until the end of the fourth month thereafter.
Whereas, where removal of the sorghum is delayed by
more than five days or the release of one of the securities        2.    Tenders submitted in response to this invitation to
required is delayed for reasons imputable to the interven-         tender may not be accompanied by export licence
tion agency the Member State concerned must pay                    applications submitted pursuant to Article 44 of Commis-
compensation;                                                      sion Regulation (EEC) No 3719/88 (5).
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                                              Article 5
Committee for Cereals,
                                                                   1.    Notwithstanding Article 7(1) of Regulation (EEC)
                                                                   No 2131/93, the time limit for submission of tenders in
                                                                   respect of the first partial invitation to tender shall be 9
                                                                   a.m. (Brussels time) on 22 April 1999.
HAS ADOPTED THIS REGULATION:
                                                                   2.    The time limit for submission of tenders in respect
                                                                   of subsequent partial invitations to tender shall be 9 a.m.
                           Article 1                               (Brussels time) each Thursday thereafter.
                                                                   3.    The last partial invitation to tender shall be 9 a.m.
Subject to the provisions of this Regulation the French            (Brussels time) on 27 May 1999.
intervention agency issues a standing invitation to tender
                                                                   4.    Tenders shall be lodged with the French interven-
(1) OJ L 181, 1.7.1992, p. 21.                                     tion agency.
(2) OJ L 126, 24.5.1996, p. 37.
(3) OJ L 191, 31.7.1993, p. 76.
(4) OJ L 5, 9.1.1999, p. 64.                                       (5) OJ L 331, 2.12.1988, p. 1.
 ---pagebreak--- L 103/10              EN                 Official Journal of the European Communities                                  20. 4. 1999
                           Article 6                                          charge, the security shall not be released. The lot
                                                                              must be replaced within three days of the date of
                                                                              the successful tenderer’s request. The successful
1.     The intervention agency, the storer and the
                                                                              tenderer shall notify the Commission immediately
successful tenderer shall, at the request of the latter and
                                                                              thereof in accordance with Annex II;
by common agreement, either before or at the time of
removal from storage as the successful tenderer chooses,
take reference samples for counter-analysis at the rate of          (d) below the minimum characteristics laid down for
at least one sample for every 500 tonnes and shall analyse               intervention, the successful tenderer may not remove
the samples. The intervention agency may be represented                  the lot in question. He shall be discharged of all his
by a proxy, provided this is not the storer.                             obligations relating to the lot in question and the
                                                                         securities shall be released only once he has informed
                                                                         the Commission and the intervention agency forth-
The analysis results shall be forwarded to the Commission                with in accordance with Annex II; however, he may
in the event of a dispute.                                               request the intervention agency to supply him with
                                                                         another lot of intervention sorghum of the quality laid
Reference samples for counter-analysis shall be taken and                down at no additional charge. In that case, the security
analysed within seven working days of the date of the                    shall not be released. The lot must be replaced within
successful tenderer’s request or within three working days               three days of the date of the successful tenderer’s
if the samples are taken on removal from storage. Where                  request. The successful tenderer shall immediately
the final result of sample analyses indicates a quality:                 inform the Commission thereof in accordance with
                                                                         Annex II.
(a) higher than that specified in the notice of invitation
     to tender, the successful tenderer must accept the lot         2.     However, if the sorghum is removed before the
     as established;                                                results of the analyses are known, all risks shall be borne
                                                                    by the successful tenderer from the time the lot is
(b) higher than the minimum characteristics laid down               removed, without prejudice to any means of redress of
     for intervention but below the quality described in the        which he may avail himself against the storer.
     notice of invitation to tender, providing that the
     differences having regard to those criteria do not
     exceed the following limits:                                   3.     If, as a result of successive replacements, the
                                                                    successful tenderer has not received a replacement lot of
      one percentage point as regards moisture content,            the quality laid down within one month of the date of his
      0,1 percentage point for the tannin content,                 request for a replacement, he shall be discharged of all his
                                                                    obligations and the securities shall be released once he
      half a percentage point as regards impurities as             has informed the Commission and the intervention
         specified in points B.2 and B.4 of the Annex to            agency forthwith in accordance with Annex II.
         Commission Regulation (EEC) No 689/92 (1), and
      half a percentage point as regards impurities as
         specified in point B.5 of the Annex to Regulation          4.     Except where the final results of analyses indicate a
         (EEC) No 689/92, the percentages admissible for            quality below the minimum characteristics laid down for
         noxious grains, however, remaining unchanged,              intervention, the costs of taking the samples and
                                                                    conducting the analyses provided for in paragraph 1 but
     the successful tenderer must accept the lot as estab-          not of inter-bin transfers shall be borne by the European
     lished;                                                        Agricultural Guidance and Guarantee Fund (EAGGF) in
                                                                    respect of up to one analysis per 500 tonnes. The costs of
(c) higher than the minimum characteristics laid down               inter-bin transfers and any additional analyses requested
     for intervention but below the quality described in the        by the successful tenderer shall be borne by him.
     notice of invitation to tender, and a difference
     exceeding 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 Commission Regulation
         obligations relating to the lot in question and the        (EEC) No 3002/92 (2), the documents relating to the sale
         securities shall be released only once he has              of sorghum in accordance with this Regulation, and in
         informed the Commission and the intervention               particular the export licence, the removal order referred to
         agency forthwith in accordance with Annex II;              in Article 3(1)(b) of Regulation (EEC) No 3002/92, the
         however, if he requests the intervention agency to         export declaration and, where necessary, the T5 copy shall
         supply him with another lot of intervention                carry the entry:
         sorghum of the quality laid down at no additional
(1) OJ L 74, 20.3.1992, p. 18.                                      (2) OJ L 301, 17.10.1992, p. 17.
 ---pagebreak--- 20. 4. 1999           EN               Official Journal of the European Communities                                 L 103/11
 Sorgo de intervención sin aplicación de restitución ni          Article 15(2) of Regulation (EEC) No 3002/92 notwith-
    gravamen, Reglamento (CE) no 814/1999                         standing:
 Sorghum fra intervention uden restitutionsydelse eller           the amount of EUR 30 per tonne must be released
    -afgift, forordning (EF) nr. 814/1999                             within 20 working days of the date on which the
 Interventionssorghum ohne Anwendung von Ausfuh-                     successful tenderer supplies proof that the sorghum
    rerstattungen oder Ausfuhrabgaben, Verordnung (EG)                removed has left the customs territory of the
    Nr. 814/1999                                                      Community,
 Σργο παρµβασηr χωρr εφαρµογ επιστροφr                      the amount of EUR 20 per tonne must be released
    φρου, κανονισµr (ΕΚ) αριθ. 814/1999                             within 15 working days of the date on which the
 Intervention sorghum without application of refund                  successful tenderer supplies the proof referred to in
    or tax, Regulation (EC) No 814/1999                               Article 17(3) of Regulation (EEC) No 2131/93.
 Sorgho d’intervention ne donnant pas lieu à restitu-
    tion ni taxe, règlement (CE) no 814/1999                      3.    Except in duly substantiated exceptional cases, in
                                                                  particular the opening of an administrative enquiry, any
 Sorgo d’intervento senza applicazione di restituzione           release of the securities provided for in this Article after
    né di tassa, regolamento (CE) n. 814/1999                     the time limits specified in this same Article shall confer
 Sorghum uit interventie, zonder toepassing van resti-           an entitlement to compensation from the Member State
    tutie of belasting, Verordening (EG) nr. 814/1999             amounting to EUR 0,015 per 10 tonnes for each day’s
 Sorgo de intervenção sem aplicação de uma restituição           delay.
    ou imposição, Regulamento (CE) n.o 814/1999
 Interventiodurraa, johon ei sovelleta vientitukea eikä          This compensation shall not be charged to the EAGGF.
    vientimaksua, asetus (EY) N:o 814/1999
 Interventionssockerhirs, utan tillämpning av bidrag                                       Article 9
    eller avgift, förordning (EG) nr 814/1999.
                                                                  Within two hours of the expiry of the time limit for the
                          Article 8                               submission of tenders, the French intervention agency
                                                                  shall notify the Commission of tenders received. Such
1.    The security lodgement pursuant to Article 13(4) of         notification shall be made using the model set out in
Regulation (EEC) No 2131/93 must be released once the             Annex III and the telex or fax numbers set out in Annex
export licences have been issued to the successful                IV.
tenderers.
2.    The obligation to export to the third countries shall                                Article 10
be covered by a security amounting to EUR 50 per tonne
of which EUR 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 EUR 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, 19 April 1999.
                                                                             For the Commission
                                                                               Franz FISCHLER
                                                                         Member of the Commission
 ---pagebreak--- L 103/12       EN                   Official Journal of the European Communities                             20. 4. 1999
                                                            ANNEX I
                                                                                       (tonnes)
                                            Place of storage                 Quantity
                             Bordeaux                                         1 500
                             Lyon                                             2 900
                             Montpellier                                      6 000
                             Toulouse                                        18 200
                                                           ANNEX II
         Communication of refusal of lots under the standing invitation to tender for the export of
                                 sorghum held by the French intervention agency
                                      (Article 6(1) of Regulation (EC) No 814/1999)
          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
                                                                — % of tannins
                                                                — % sprouted grains
                                                                — % miscellaneous impurities (Schwarzbesatz)
                                                                — % of matter which is not basic cereal of
                                                                   unimpaired quality
                                                                — Other
 ---pagebreak--- 20. 4. 1999           EN                    Official Journal of the European Communities                                      L 103/13
                                                                   ANNEX III
            Standing invitation to tender for the export of sorghum held by the French intervention agency
                                                         (Regulation (EC) No 814/1999)
                     1                2                  3                4                 5               6          7
                                                                                     Price increases
                                                                                         (+) or
                                                                     Offer price                      Commercial
                                Consignment         Quantity                           reductions
                Tender No                                           (EUR/tonne)                           costs   Destination
                                     No              (tonnes)                              (–)
                                                                         (1)                          (EUR/tonne)
                                                                                      (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 are (DG VI-C-1):
             fax                     296 49 56,
                                      295 25 15,
             telex                   22037 AGREC B,
                                      22070 AGREC B (Greek characters).