CELEX: 31995R2742
Language: en
Date: 1995-11-28 00:00:00
Title: COMMISSION REGULATION (EC) No 2742/95 of 28 November 1995 on the transfer of 100 000 tonnes of barley and 100 000 tonnes of rye held by the German intervention agency

No L 285/ 16        [ EN                  Official Journal of the European Communities                             29 . 11 . 95
                                      COMMISSION REGULATION (EC) No 2742/95
                                                      of 28 November 1995
                  on the transfer of 100 000 tonnes of barley and 100 000 tonnes of rye held by the
                                                   German intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas the transfer is subject to the provisions of
                                                                    Council Regulation (EEC) No 1055/77 of 17 May 1977 on
Having regard to the Treaty establishing the European               the storage and movement of products bought in by an
Community,                                                          intervention agency (*) and Commission Regulation (EEC)
                                                                    No 3515/92 of 4 December 1992 laying down common
                                                                    detailed rules for the application of Council Regulation
Having regard to Council Regulation (EEC) No 1766/92                (EEC) No 1055/77 on the storage and movement of
of 30 June 1992 on the common organization of the                   products bought in by an intervention agency (*), as
market in cereals ('), as last amended by Regulation (EC)           amended by Regulation (EC) No 306/95 f) ;
No 1863/95 (2), and in particular Article 5 thereof,
                                                                    Whereas the Management Committee for Cereals has not
Whereas the unusually severe weather conditions in Spain            issued an opinion within the time limit laid down by its
have brought about a shortage of fodder which could lead            Chairman,
farmers to sell their livestock prematurely and suffer a loss
of income ;
Whereas the shortage of fodder may be offset by the use             HAS ADOPTED THIS REGULATION :
by stock-farmers of 200 000 tonnes of feed grain ; whereas
these cereals are available from the German intervention
agency in the form of barley and rye ; whereas, in order to                                    Article 1
make    these    cereals  available    to   the   stock-farmers
concerned, they will have to be transferred to Spain ;
                                                                    1 . The German intervention agency shall make avai­
                                                                    lable to the Spanish intervention agency 1 00 000 tonnes
Whereas the Spanish intervention agency resells trans­              of barley and 100 000 tonnes of rye.
ferred stocks under the conditions set out in Commission
Regulation (EEC) No 2131 /93 of 28 July 1993 laying                 2. The Spanish intervention agency shall take charge of
down the procedure and conditions for the sale of cereals           the products referred to in paragraph 1 and ensure that
held by intervention agencies (3), as last amended by               they are transferred to Spain before 1 March 1996 (and
Regulation (EC) No 120/94 (4) ;                                     disposed of in animal feed before 30 June 1996).
Whereas the Spanish intervention agency must rapidly be             3 . The resale of the products referred to in paragraph 1
informed of the storage locations in Germany of the                 shall be carried out in accordance with Regulation (EEC)
quantities to be transferred ; whereas that information and         No 2131 /93 .
details of the storage locations in Spain must be sent to
the Commission to enable it, inter alia, to assess the cost         4.    Transport contracts shall be awarded by tendering
of the transfer ;                                                   procedure. Mobilization shall be carried out under the
                                                                    most favourable transport conditions.
Whereas the port areas of Spain are supplied with feed
grain through resales to Spain carried out by the German
and Austrian intervention agencies ; whereas, in order to                                       Article 2
ensure the supply of the affected inland areas under equi­
valent economic conditions, it should be laid down that             1 . The German intervention agency shall debit the
the cereals concerned must be transferred to specific               account referred to in Article 4 of Council Regulation
silos ;                                                             (EEC) No 1883/78 f) with the quantities of barley and rye
                                                                    transferred, valued at zero .
Whereas, in order to find the most economical means of
carrying out this operation, an invitation to tender should         2. The Spanish intervention agency shall credit the
be opened for transport contracts and rules should be laid          account referred to in paragraph 1 with the quantities of
down to ensure that the transfer is completed successfully          barley and rye of which it has taken delivery, valued at
and that the stipulated deadlines are met ;                         zero, and shall value them at the end of each month at
(') OJ No L 181 , 1 . 7. 1992, p. 21 .                              (s) OJ No  L  128 , 24. 5. 1977, p. 1 .
(*) OJ No L 179, 29. 7. 1995, p. 1 .                                (6) OJ No  L  355, 5. 12. 1992, p. 15.
(3) OJ No L 191 , 31 . 7. 1993, p. 76.                              0   OJ No  L  36, 16. 2. 1995, p. 1 .
h) OJ No L 21 , 26. 1 . 1994, p. 1 .                                f   OJ No  L  216, 5. 8 . 1978 , p. 1 .
 ---pagebreak--- 29. 11 . 95           I EN I               Official Journal of the European Communities                            No L 285/ 17
ECU 63 per tonne for rye and ECU 80 per tonne for                         tion (EEC) No 2220/85 ('), that amount shall be equal
barley. The amounts are to be converted into national                     to at least 10 % of the transport costs set out in the
currency at the agricultural rate applying on 30                          contract for those quantities not transported within
September 1995.                                                           the time limit. That percentage shall be increased by
3.       The transport costs of the barley and rye referred to
                                                                          1 % per day of additional delay from the sixth day
in Article 1 shall be entered in the accounts referred to in
                                                                          following the stipulated date of delivery.
paragraphs 1 and 2 of this Article.                                  The principal requirement of the abovementioned secu­
                                                                     rity shall be deemed to have been fulfilled on delivery to
                              Article 3                              the destination designated by the Spanish authorities.
                                                                     Proof thereof shall be supplied within one month of deli­
The Spanish and German intervention agencies shall :                 very. Notices of invitation to tender shall be drawn up by
(a) agree on the choice of storage lcoations and places of           lot and by destination . They shall be published by the
       departure, taking account of the destination referred to      Spanish authorities at least five working days before the
       in Article 4, so as to reduce transport costs to a            award date referred to in paragraph 4.
       minimum, and on the dates of removal of the
       product ; the lists of those places shall be forwarded to     4.     The award shall be made on 4 December 1995 at
       the Commission immediately ;                                  1.00 p.m.
(b) ascertain, on loading in Germany and on entry into
       the storage locations in Spain, the weights loaded and        5. Tenders shall be both submitted to the Spanish
      unloaded and, by analysing a representative sample,            intervention agency and accepted in pesetas.
       the quality of the product in question .
                                                                     6.     Tenders may be submitted by telex.
                              Article 4
The Spanish intervention agency shall ensure that the                7. Tenders shall only be valid if accompanied by proof
relevant quantities of the products referred to in Article 1         that the tenderer has lodged a security of ECU 5 per
( 1 ) are transferred to the silos listed in the Annex hereto.       tonne . That security shall be released :
                                                                     — if the tender is unsuccessful,
                              Article 5
                                                                     — when the security referred to in the first indent of
 1 . The Spanish intervention agency shall determine the                  paragraph 3 has been lodged.
transport costs for the products by means of a tendering
procedure. Those costs shall comprise :                              8 . Contracts shall be awarded by lot and by destination
(a) the cost of transport (excluding the costs of with­              to the tenderer offering the best terms. However, if no
       drawal) from the storage location of departure to the         tender is in line with normal prices and costs, no award
       storage location of destination (excluding the costs of       shall be made .
       entry into storage) ;
                                                                                               Article 6
(b) the cost of insurance covering 12 % of the interven­
       tion price for the goods referred to in Article 3 of          The Spanish intervention agency shall take charge of the
       Regulation (EEC) No 1766/92 ; that price shall be             barley and rye when it is loaded on the means of trans­
       converted into national currency at the agricultural          port at the German intervention agency's storage location
       conversion rate applying on the date on which the             of departure and shall assume responsibility for it from
       validity of tenders expires.                                  that moment.
2.       The invitation to tender may relate to one or more          The German intervention agency shall keep the Spanish
lots .                                                               intervention agency and the Commission informed as to
                                                                      the actual quantities of grain removed and the dates of
 3 . The Spanish intervention agency shall determine the              removal from each place of storage.
terms and conditions governing the invitation to tender
 in accordance with the provisions of this Regulation .                                        Article 7
They shall provide inter alia, for :                                 The Spanish intervention agency shall keep the Commis­
— a written undertaking by the tenderer, endorsed by a                sion informed of the progress of the tendering procedure
       recognized credit institution, to lodge, within two            and shall immediately notify the outcome to both the
       working days of the day on which notification of               Commission and the German intervention agency.
       award of contract is received, a performance security
       for the operations covered by the invitation to tender                                   Article 8
       of ECU 140 per tonne, converted into national
       currency using the rate referred to in paragraph 1 (b),       This Regulation shall enter into force on the day of its
— the loss, except in cases of force majeure, of an appro­            publication in the Official Journal of the European
                                                                      Communities.
        priate amount of the security for each day's delay in
       fulfilling the obligations arising from the contract.
        Notwithstanding Article 23 of Commission Regula­              (') OJ No L 205, 3. 8 . 1985, p. 5.
 ---pagebreak--- No L 285/ 18   Fen I            Official Journal of the European Communities                        29 . 11 . 95
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 28 November 1995.
                                                                    For the Commission
                                                                      Franz FISCHLER
                                                                Member of the Commission
 ---pagebreak---   29. 11 . 95       EN              Official Journal of the European Communities                 No L 285/ 19
                                                        ANNEX
                                                  DESTINATION SILOS
                                                                                                            (tonnes)
\                     l            Silo
                                                                Product
           Province                                                                Total     Port of arrival
                                                        Barley            Rye
  Córdoba               Valchillón                        6 950            8 050   15 000  Huelva
  Sevilla               Marchena                          6 950            8 050   15 000  Huelva
  Andalucía                                              13 900          16 100    30 000
  Badajoz               Montijo                          10 800            9 200   20 000  Huelva
  Badajoz               Don Benito                        6 000            4 000   10 000  Huelva
  Badajoz               Mérida                            —
                                                                         10 000    10 000  Huelva
  Cáceres               Cáceres                           5 000            —        5 000  Huelva
  Cáceres               Trujillo                          4 400          10 600    15 000  Huelva
  Extremadura                                            26 200          33 800    60 000
  Albacete              Albacete                          4 700            1 300    6 000  Valencia
  Albacete              Minaya                            —                4 000    4 000  Valencia
  Ciudad Real           Cinco Casas                       9 400          10 600    20 000  Valencia
  Cuenca                Tarancón                          3 700            6 300   10 000  Valencia
  Guadalajara           Cabañas                           4 000            1 000    5 000  Valencia
  Toledo                Talavera de la Reina              4 400            3 600    8 000  Valencia
  Toledo                Torrijos                          —                7 000    7 000  Valencia
  Castilla-La Mancha                                     30 900          39 100    70 000
  Ávila                 Arévalo                           5 000            —        5 000  Santander
  Salamanca             Gomecello                         2 000            —        2 000  Gijón
  Salamanca             Peñaranda                         8 000            6 000   14 000  Santander
  Salamanca             Tejares                           4 000            —        4 000  Gijón
  Segovia               Campo San Pedro                   3 000             —       3 000  Santander
  Segovia               San Cristóbal                      —               4 000    4 000  Santander
  Segovia               Sepúlveda                         3 000             —       3 000  Santander
  Zamora                Barcial                           4 000             1 000    5 000 Gijón
  Castilla y León                                        29 000           11 000   40 000
                                            Total       100 000         100 000   200 000