CELEX: 32000R1490
Language: en
Date: 2000-07-07
Title: Commission Regulation (EC) No 1490/2000 of 7 July 2000 opening a standing invitation to tender for the export of rye held by the German intervention agency

8.7.2000                EN                      Official Journal of the European Communities                                          L 168/5
                                          COMMISSION REGULATION (EC) No 1490/2000
                                                               of 7 July 2000
               opening a standing invitation to tender for the export of rye held by the German intervention
                                                                     agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                2.     The regions in which the 100 069 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 1253/                   Regulation (EEC) No 2131/93, the price to be paid for the
1999 (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 39/1999 (4), lays down
        the procedure and conditions for the disposal of cereals           3.     Article 8(2) of Regulation (EEC) No 2131/93 shall not
        held by intervention agencies.                                     apply.
(2)     Given the current market situation, a standing invitation
        to tender should be opened for the export of 100 069                                             Article 4
        tonnes of rye held by the German 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.
        whereas, to that end, provision should be made for a
        security lodgement scheme which ensures that aims are              2.     Tenders submitted in response to this invitation to tender
        met while avoiding excessive costs for the operators;              may not be accompanied by export licence applications
        whereas derogations should accordingly be made to                  submitted pursuant to Article 44 of Commission Regulation
        certain rules, in particular those laid down in Regulation         (EEC) No 3719/88 (5).
        (EEC) No 2131/93.
(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 13 July 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 27 July 2000.
                               Article 1
                                                                           4.     Tenders shall be lodged with the German intervention
Subject to the provisions of this Regulation the German 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
100 069 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  160, 26.6.1999, p. 18.
(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 168/6                EN                      Official Journal of the European Communities                                       8.7.2000
The analysis results shall be forwarded to the Commission in                   request. The successful tenderer shall immediately inform
the event of a dispute.                                                        the Commission thereof in accordance with Annex II.
Reference samples for counter-analysis shall be taken and                 2.     However, if the rye is removed before the results of the
analysed within seven working days of the date of the                     analyses are known, all risks shall be borne by the successful
successful tenderer's request or within three working days if the         tenderer from the time the lot is removed, without prejudice to
samples are taken on removal from storage. Where the final                any means of redress of which he may avail himself against the
result of sample analyses indicates a quality:                            storer.
(a) higher than that specified in the notice of invitation to             3.     If, as a result of successive replacements, the successful
     tender, the successful tenderer must accept the lot as estab-        tenderer has not received a replacement lot of the quality laid
     lished;                                                              down within one month of the date of his request for a
                                                                          replacement, he shall be discharged of all his obligations and
(b) higher than the minimum characteristics laid down for                 the securities shall be released once he has informed the
     intervention but below the quality described in the notice           Commission and the intervention agency forthwith in accord-
     of invitation to tender, providing that the differences              ance with Annex II.
     having regard to those criteria do not exceed the following
     limits:
                                                                          4.     Except where the final results of analyses indicate a
     — one kilogram per hectolitre as regards specific weight,            quality below the minimum characteristics laid down for inter-
         which must not, however, be less than 68 kg/hl,                  vention, the costs of taking the samples and conducting the
                                                                          analyses provided for in paragraph 1 but not of inter-bin
     — one percentage point as regards moisture content,
                                                                          transfers shall be borne by the European Agricultural Guidance
     — half a percentage point as regards impurities as speci-            and Guarantee Fund (EAGGF) in respect of up to one analysis
         fied in points B.2 and B.4 of the Annex to Commission            per 500 tonnes. The costs of inter-bin transfers and any addi-
         Regulation (EEC) No 689/92 (1),                                  tional analyses requested by the successful tenderer shall be
         and                                                              borne by him.
     — half a percentage point as regards impurities as speci-
         fied in point B.5 of the Annex to Regulation (EEC) No
         689/92, the percentages admissible for noxious grains                                         Article 7
         and ergot, however, remaining unchanged,
                                                                          By derogation from Article 12 of Commission Regulation (EEC)
    the successful tenderer must accept the lot as established;           No 3002/92 (2), the documents relating to the sale of rye in
                                                                          accordance with this Regulation, and in particular the export
(c) higher than the minimum characteristics laid down for                 licence, the removal order referred to in Article 3(1)(b) of
     intervention but below the quality described in the notice           Regulation (EEC) No 3002/92, the export declaration and,
     of invitation to tender, and a difference exceeding the limits       where necessary, the T5 copy shall carry the entry:
     set out in point (b), the successful tenderer may:
                                                                          — Centeno de intervención sin aplicación de restitución ni
     — accept the lot as established, or                                      gravamen, Reglamento (CE) no 1490/2000,
     — refuse to take over the lot in question. The successful            — Rug fra intervention uden restitutionsydelse eller -afgift,
         tenderer shall be discharged of all his obligations                  forordning (EF) nr. 1490/2000,
         relating to the lot in question and the securities shall be
         released only once he has informed the Commission                — Interventionsroggen ohne Anwendung von Ausfuhrerstat-
         and the intervention agency forthwith in accordance                  tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 1490/
         with Annex II; however, if he requests the intervention              2000,
         agency to supply him with another lot of intervention            — Σίκαλη παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου,
         rye of the quality laid down at no additional charge, the            κανονισµός (ΕΚ) αριθ. 1490/2000,
         security shall not be released. The lot must be replaced         — Intervention rye without application of refund or tax, Regu-
         within three days of the date of the successful tenderer's           lation (EC) No 1490/2000,
         request. The successful tenderer shall notify the
         Commission immediately thereof in accordance with                — Seigle d'intervention ne donnant pas lieu à restitution ni
         Annex II;                                                            taxe, règlement (CE) no 1490/2000,
                                                                          — Segala d'intervento senza applicazione di restituzione né di
(d) below the minimum characteristics laid down for interven-                 tassa, regolamento (CE) n. 1490/2000,
     tion, the successful tenderer may not remove the lot in
     question. He shall be discharged of all his obligations              — Rogge uit interventie, zonder toepassing van restitutie of
     relating to the lot in question and the securities shall be              belasting, Verordening (EG) nr. 1490/2000,
     released only once he has informed the Commission and                — Centeio de intervenção sem aplicação de uma restituição ou
     the intervention agency forthwith in accordance with                     imposição, Regulamento (CE) n.o 1490/2000,
     Annex II; however, he may request the intervention agency
     to supply him with another lot of intervention rye of the            — Interventioruista, johon ei sovelleta vientitukea eikä vienti-
     quality laid down at no additional charge. In that case, the             maksua, asetus (EY) N:o 1490/2000,
     security shall not be released. The lot must be replaced             — Interventionsråg, utan tillämpning av bidrag eller avgift,
     within three days of the date of the successful tenderer's               förordning (EG) nr 1490/2000.
(1) OJ L 74, 20.3.1992, p. 18.                                            (2) OJ L 301, 17.10.1992, p. 17.
 ---pagebreak--- 8.7.2000              EN                     Official Journal of the European Communities                                        L 168/7
                            Article 8                                   3.    Except in duly substantiated exceptional cases, in par-
                                                                        ticular the opening of an administrative enquiry, any release of
1.    The security lodgement pursuant to Article 13(4) of               the securities provided for in this Article after the time limits
Regulation (EEC) No 2131/93 must be released once the export            specified in this same Article shall confer an entitlement to
licences have been issued to the successful tenderers.                  compensation from the Member State amounting to
2.    The obligation to export to the third countries shall be          EUR 0,015 per 10 tonnes for each day's delay.
covered by a security amounting to EUR 75 per tonne of                  This compensation shall not be charged to the EAGGF.
which EUR 50 per tonne shall be lodged when the export
licence is issued, with the balance of EUR 25 per tonne being
lodged before removal of the cereals.                                                               Article 9
Article 15(2) of Regulation (EEC) No 3002/92 notwithstanding:           Within two hours of the expiry of the time limit for the
                                                                        submission of tenders, the German intervention agency shall
— the amount of EUR 25 per tonne must be released within                notify the Commission of tenders received. Such notification
    15 working days of the date on which the successful                 shall be made using the model set out in Annex III and the
    tenderer supplies proof that the rye removed has left the           telex or fax numbers set out in Annex IV.
    customs territory of the Community,
— the amount of EUR 50 per tonne must be released within                                           Article 10
    15 working days of the date on which the successful
    tenderer supplies the proof referred to in Article 17(3) of         This Regulation shall enter into force on the day of its publica-
    Regulation (EEC) No 2131/93.                                        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, 7 July 2000.
                                                                                     For the Commission
                                                                                       Franz FISCHLER
                                                                                 Member of the Commission
 ---pagebreak--- L 168/8       EN                         Official Journal of the European Communities                                     8.7.2000
                                                                  ANNEX I
                                                                                             (tonnes)
                                                  Place of storage                  Quantity
                              Schleswig-Holstein/Hamburg/Niedersachsen/
                              Bremen/Nordrhein-Westfalen                              22 059
                              Berlin/Brandenburg/Mecklenburg-Vorpommern               69 117
                              Sachsen/Sachsen-Anhalt/Thüringen                         8 893
                                                                 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 1490/2000)
        — 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--- 8.7.2000           EN                           Official Journal of the European Communities                                            L 168/9
                                                                       ANNEX III
                  Standing invitation to tender for the export of rye held by the German intervention agency
                                                          (Regulation (EC) No 1490/2000)
                  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 are (DG AGRI C-1):
         — telex:           22037 AGREC B,
                            22070 AGREC B (Greek characters),
         — fax:             296 49 56,
                            295 25 15.