CELEX: 31997R1816
Language: en
Date: 1997-09-19 00:00:00
Title: COMMISSION REGULATION (EC) No 1816/97 of 19 September 1997 on the issuing of a standing invitation to tender for the sale of common wheat of breadmaking quality held by the German intervention agency for export to certain ACP countries in the 1997/98 marketing year

L 257/ 14              EN                  Official Journal of the European Communities                                 20 . 9 . 97
                                         COMMISSION REGULATION (EC) No 1816/97
                                                        of 19 September 1997
                    on the issuing of a standing invitation to tender for the sale of common wheat of
                    breadmaking quality held by the German intervention agency for export to
                                      certain ACP countries in the 1997/98 marketing year
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           that the operations and their monitoring are properly
                                                                       effected; whereas to that end provision should be made
                                                                       for a security lodgment scheme which ensures that the
 Having regard to the Treaty establishing the European                 aims are met while avoiding excessive costs for the oper­
 Community,                                                            ators; whereas derogations should accordingly be made to
                                                                       certain rules, in particular those laid down in Regulation
                                                                       (EEC) No 2131 /93;
 Having regard to Council Regulation (EEC) No 1766/92
 of 30 June 1992 on the common organization of the                     Whereas, in addition to the conditions laid down in
 market in cereals ('), as last amended by Commission                  Article 30 of Commission Regulation (EEC) No
 Regulation (EC) No 923/96 (2), and in particular Article 5            3719/88 0, as last amended by Regulation (EC) No
 thereof,                                                              1404/97 (6), provision should be made for the release for
                                                                       consumption in the ACP State(s) laid down in the Regula­
                                                                       tion ;
 Whereas Commission Regulation (EEC) No 2131 /93 (3),
 as last amended by Regulation (EC) No 2193/96 (4), lays               Whereas, where removal of the wheat is delayed by more
 down the procedure and conditions for the disposal of                 than five days, or the release of one of the securities
 cereals held by intervention agencies;                                required is delayed, for reasons imputable to the interven­
                                                                       tion agency the Member State concerned will have to pay
                                                                       compensation;
 Whereas, with a view to supplying the markets of the
 ACP countries, favoured partners of the Community,                    Whereas the measures provided for in this Regulation are
 significant quantities of common wheat are required;                  in accordance with the opinion of the Management
whereas these markets are usually supplied on the basis of             Committee for Cereals,
 regular contracts to ensure stable prices for the ACP
 countries over a certain period; whereas it is therefore
 necessary to issue a specific invitation to tender to ensure
 that users in these countries have access to common
wheat of breadmaking quality under conditions appro­                   HAS ADOPTED THIS REGULATION :
 priate to the highly competitive situation on the world
 market;
                                                                                                  Article 1
Whereas the German intervention agency holds stocks of
common wheat of breadmaking quality; whereas part of                   1 . A standing invitation to tender is hereby issued for
the wheat coming from the intervention stocks held by                 the export of 225 133 tonnes of common wheat of bread­
the aforementioned agency should therefore be resold to               making quality, held by the German intervention agency.
the ACP countries to meet their quantitative and qual­
itative needs; whereas the common wheat successfully
tendered for must be exported to the countries of destina­            2. The common wheat must be exported to an ACP
tion by 28 February 1998 at the latest;                               State or to several States within one of the groups of ACP
                                                                      States listed in Annex I.
Whereas the specific nature of the operation and the                  3 . The regions in which the 225 133 tonnes of German
accounting position of the common wheat in question                   common wheat of breadmaking quality are stored are
require greater flexibility in the mechanisms and obliga­             listed in Annex II .
tions governing the resale of intervention stocks and also
require exclusion of any refund, tax or monthly increase;             4.      The intervention agency concerned shall prepare a
whereas special procedures must be laid down to ensure                notice of invitation to tender indicating for each lot or,
                                                                      where appropriate, each part lot:
(') OJ  L 181 , 1 . 7. 1992, p. 21 .
(2) OJ  L 126,  24. 5. 1996, p. 37.
O   OJ  L 191 , 31 . 7. 1993, p. 76.                                  (5) OJ L 331 , 2. 12. 1988 , p. 1 .
 4  OJ  L 293,  16. 11 . 1996, p. 1 .                                 V) OJ L 194, 23. 7. 1997, p. 5.
 ---pagebreak---   20 . 9 . 97         I EN I             Official Journal of the European Communities                                  L 257/ 15
 — the location ,                                                    The proof provided for in the first indent shall also
                                                                     indicate the quality provided for in the contract, the time
 — and at least the following features:                              limit for delivery and the price terms.
       — specific weight,                                           The Member State shall send the Commission a copy of
       — moisture content,                                           the said proof forthwith, for information .
       — Hagberg falling number,
                                                                    2.     Tenders may not exceed the quantity laid down in
       — impurity contents and sprouted grains,                     the commercial contract submitted .
       — protein content.
 5. It shall publish the notice of invitation to tender at                                    Article 5
 least two days before the date set for the first partial in­
 vitation to tender.                                                1 . No export refund or export tax or monthly increase
                                                                    shall be applied for exports carried out pursuant to this
                                                                    Regulation .
                            Article 2
                                                                    2. The validity of the export licences issued in ac­
                                                                    cordance with this Regulation shall expire on 28 February
 Subject to the provisions of this Regulation, the sales of         1998 .
 common wheat of breadmaking quality referred to in
Article 1 shall take place in accordance with the pro­              3 . The licence obliges the operator to export to the
cedure and conditions laid down by Regulation (EEC) No
2131 /93 .
                                                                    ACP State or States for which the licence application was
                                                                    submitted. However, up to a limit of 30 % of the quantity
                                                                    for which the licence was issued, the operator may effect
                                                                    his contract at another destination on condition that it
                            Article 3                              belongs to the same group of countries listed in Annex I.
 1 . The time limit for submitting tenders for the first           4.      The export licences shall be issued as soon as the
partial invitation to tender shall be 9 a.m. (Brussels time)       successful tenderers have been selected .
on Thursday 25 September 1997.
                                                                   5. Article 9 of Regulation (EEC) No 3719/88 notwith­
2.      The time limit for submitting tenders for the second       standing, the rights deriving from the licence referred to
                                                                   in this Article shall not be transferable .
partial invitation to tender shall be 9 a.m. (Brussels time)
on the following Thursday.
                                                                                             Article 6
The time limit for the last partial invitation to tender
shall be 18 December 1997.
                                                                   1 . The intervention agency, the storer and the
3.      Tenders must be submitted to the German interven­          successful tenderer, if he so wishes, shall, by common
                                                                   agreement, either before or at the moment of removal
tion agency.
                                                                   from storage, as the successful tenderer chooses, take
                                                                   reference samples at the rate of at least one sample for
                                                                   every 500 tonnes, and shall analyse the samples. The
                           Article 4                               intervention agency may be represented by a proxy,
                                                                   provided this is not the storer.
1.      Tenders shall only be admissible if:
                                                                   The Commission must be informed of the findings of the
— the tenderer provides written proof from an official             analyses in the event of a dispute .
      body in the ACP country of destination or a company
      having its overseas subsidiary in the said country, that     Reference samples shall be taken and analysed within
      he has concluded for the quantity in question a             seven working days of the date of the successful tenderer's
     commercial supply contract for common wheat for              request or within three working days if the samples were
     export to an ACP State or to several States within one       taken on removal from storage . If the final result of the
     of the groups of ACP States listed in Annex I. That          sample analyses indicates a quality:
     contract may cover only those deliveries to be made
     during the period October 1997 to February 1998 for          (a) greater than that specified in the notice of invitation
     quantities traditionally supplied; such proof shall be             to tender, the successful tenderer must accept the lot
     lodged with the competent authorities at least two                 as established;
     working days before the date of the partial invitation
     to tender against which the tender is to be submitted,       (b) greater than the minimum characteristics required for
                                                                        intervention but below the quality described in the
— they are accompanied by an application for an export                  notice of invitation to tender, with the difference
    licence for the destination in question .                          remaining within a limit of up to:
 ---pagebreak---    L 257/ 16             EN               Official Journal of the European Communities                                 20 . 9 . 97
       — 2 kg/hi for the specific weight, which must not,             recourse the successful tenderer may have against the
            however, be less than 72 kg/hi,                           storer.
       — one percentage point for the mositure content,
                                                                      3 . If, after successive replacements, the successful
       — 20 percentage points for the Hagberg falling                 tenderer has not received a replacement lot of the quality
            index,                                                    laid down within one month of the date of his request for
       — one percentage point for the protein content,                replacement, he shall be released from all his obligations,
                                                                      including the securities once he has informed the
       — half a percentage point for the impurities referred
            to in B.2 and B.4 of the Annex to Commission              Commission and the intervention agency forthwith in
                                                                      accordance with Annex V.
            Regulation (EEC) No 689/92 ('),
            and                                                       4. The costs of the taking of samples and the analyses
       — half a percentage point for the impurities referred          referred to in paragraph 1 , except those where the final
            to in point B.5 of the Annex to Regulation (EEC)          result of the analyses produces a quality inferior to the
            No 689/92, the percentages admissible for noxious         minimum characteristics required for intervention, shall
            grains and ergot, however, remaining unchanged,          be borne by the EAGGF up to a maximum of one
                                                                     analysis per 500 tonnes with the exception of the trans­
       the successful tenderer must accept the lot as                silage costs.
       established;
  (c) greater than the minimum characteristics required for          The cost of transsilage and of any additional analyses
       intervention but below the quality described in the           requested by the successful tenderer shall be borne by
                                                                     him .
       notice of invitation to tender with the difference
       surpassing the limit referred to in point (b), the
       successful tenderer may:                                                                Article 7
       — either accept the lot as established,
                                                                     The successful tenderer shall pay for the common wheat
       — or refuse to take over the lot in question. The             before removing it at the price indicated in the tender.
           successful tenderer shall be released from all his
                                                                     The final date for removal is 31 January 1998. The
           obligations relating to the lot in question, in­          payment due for each of the lots to be removed shall be
           cluding the securities, only once he has informed         indivisible .
           the Commission and the intervention agency
           forthwith, in accordance with Annex V; however, if
           he requests the intervention agency to supply him                                   Article 8
           with another lot of intervention breadmaking
           wheat of the quality laid down, and that without          1.    The security lodged pursuant to Article 13 (4) of
           additional charges, the security shall not be            Regulation (EEC) No 2131 /93 must be released once the
           released. The lot must be replaced within a              export licences have been issued to the successful ten­
           maximum of three days from the date of the               derers.
           successful tenderer's request. The successful
           tenderer shall immediately inform the Commis­            2.     The obligation to export and import into one of the
           sion thereof in accordance with Annex V;                 countries of destination listed in Annex I shall be covered
                                                                    by a security amounting to ECU 45 per tonne of which
 (d) below the minimum characteristics required for inter­          ECU 15 per tonne shall be lodged upon issue of the
      vention, the successful tenderer may not remove the           export licence, with the balance of ECU 30 being lodged
      lot in question . He shall be released from all his ob­       before removal of the cereals.
      ligations relating to the lot in question, including the
      securities, only once he has informed the Commission          Article 15 (2) of Commission Regulation (EEC) No
      and the intervention agency forthwith, in accordance          3002/92 (2) notwithstanding:
      with Annex V; however, he may request the interven­
      tion agency to supply him with another lot of inter­          — the amount of ECU 15 per tonne must be released
      vention breadmaking wheat of the quality laid down,                within 20 working days of the date on which the
      without additional charges. In this case, the security             successful tenderer supplies proof that the wheat
      shall not be released . The lot must be replaced within            removed has left the customs territory of the Com­
      a maximum of three days from the date of the                       munity,
      successful tenderer's request. The successful tenderer       — the amount of ECU 30 per tonne must be released
      shall immediately inform the Commission thereof in                 within 15 working days of the date on which the
      accordance with Annex V.
                                                                         successful tenderer supplies proof of entry for
                                                                         consumption into the ACP State or States referred to
2.      However, if the breadmaking wheat is removed                     in Article 5 (3). This proof shall be supplied in
before the results of the analysis are known, all risks shall            accordance with Articles 18 and 47 of Commission
be borne by the successful tenderer from the time of                     Regulation (EEC) No 3665/87 (3).
removal of the lot, without prejudice to the forms of
                                                                   (2) OJ L 301 , 17. 10 . 1992, p. 17.
(') OJ L 74, 20. 3. 1992, p. 18 .                                  (3) OJ L 351 , 14. 12. 1987, p. 1 .
 ---pagebreak---  20 . 9 . 97          I EN                Official Journal of the European Communities                                 L 257/ 17
 3 . Except in duly substantiated exceptional cases, in              — Blé tendre d intervention panifiable ne donnant pas
 particular the opening of an administrative enquiry, any                 lieu à restitution ni à taxe, destiné à (nom de l'État
 release of the securities provided for in this Article after            ACP ou des États ACP), règlement (CE) n0 1816/97
 the limits specified in this same Article shall confer an           — Frumento tenero d intervento panificabile senza appli­
 entitlement to compensation from the Member State                       cazione di restituzione o di tassa, destinato al (nome
 amounting to ECU 0,015/ 10 tonnes for each day's delay.                 del paese o dei paesi ACP), regolamento (CE) n .
                                                                          1816/97
This compensation shall not be charged to the EAGGF.
                                                                     — Zachte tarwe van bakkwaliteit uit interventie, zonder
                                                                         toepassing van restitutie of belasting, bestemd voor
                             Article 9                                   (naam van de ACS-Staat of de ACS-Staten), Verorde­
                                                                         ning (EG) nr. 1816/97
Article 12 of Regulation (EEC) No 3002/92 notwithstand­             — Trigo mole panificável de intervenção sem aplicação
ing, the documents relating to the sale of common wheat                  de uma restituição, ou imposição destinado a (nome
in accordance with this Regulation and in particular the                 do Estado ou dos Estados ACP), Regulamento (CE) n?
export licence, the removal order referred to in Article 3               1816/97
( 1 ) (b) of Regulation (EEC) No 3002/92, the export de­            — Interventioleipävehnää, jolle ei makseta vientitukea
claration and, where appropriate, the T5 control copy                    eikä vientimaksua ja jonka määräpaikka on (AKT­
must bear the words :
                                                                         maan nimi tai AKT-maiden nimet), asetus (EY) N:o
— Trigo blando panificable de intervención sin aplica­                   1816/97
      ción de restitución ni gravamen, destinado a (nombre          — Interventionsvete av brödkvalitet, ej utan bidrag eller
      del Estado o de los Estados ACP), Reglamento (CE) n°               avgift avsett för (AVS-statens eller AVS-staternas
       1816/97                                                           namn), förordning (EG) nr 1816/97.
— Bageegnet blød hvede fra intervention uden restitu­
      tionsydelse eller -afgift bestemt for (navnet på det eller                              Article 10
      de pågældende AVS-lande), forordning (EF) nr.
       1816/97                                                      1.      The German intervention agency shall inform the
                                                                    Commission of the tenders received within three hours of
— Interventions-Brotweichweizen ohne Anwendung von                  the expiry of the time limit for submitting tenders. The
      Ausfuhrerstattungen oder Ausfuhrabgaben, Bestim­              information must be sent in the form laid down in Annex
      mung (Name des AKP-Staates oder der AKP-Staaten),             III to one of the telex or fax numbers listed in Annex IV.
      Verordnung (EG) Nr. 1816/97
— Μαλακός αρτοποιήσιμος σίτος παρέμβασης, χωρίς                    2. It shall inform the Commission on a monthly basis
      εφαρμογή επιστροφής ή φόρου προοριζόμενος για                of the quantities of common wheat removed pursuant to
      (όνομα της χώρας ΑΚΕ ή των χωρών ΑΚΕ), κανο­                 this Regulation .
      νισμός ( ΕΚ) αριθ. 1816/97
                                                                                              Article 11
— Intervention common wheat of breadmaking quality
      without application of refund or tax, bound for (name        This Regulation shall enter into force on the day of its
      of the ACP State or States), Regulation (EC) No              publication in the Official Journal of the European
      1816/97                                                      Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 19 September 1997.
                                                                              For the Commission
                                                                                 Franz FISCHLER
                                                                         Member of the Commission
 ---pagebreak--- L 257/ 18         EN               Official Journal of the European Communities                           20 . 9 . 97
                                                         ANNEX I
                              Groups of ACP States signatories to the Lomé Convention
                        Group I                           Group 11                    Group III
          Mauritania                          Chad                         Seychelles
          Mali                                Central African Republic     Comoros
          Niger                               Benin                        Madagascar
          Senegal                             Cameroon                     Mauritius
          Burkina Faso                        Equatorial Guinea            Angola
          Gambia                              São Tomé and Príncipe        Zambia
          Guinea-Bissau                       Gabon                        Malawi
          Guinea                              Congo                        Mozambique
          Cape Verde                          Democratic Republic of Congo Namibia
          Sierra Leone                        Rwanda                       Botswana
          Liberia                             Burundi                      Zimbabwe
          Côte d'Ivoire                                                    Lesotho
          Ghana                                                            Swaziland
          Togo                                                             Djibouti
                                                                           Ethiopia
                                                                           Eritrea
                                            I
                                                        ANNEX II
                                                                                                 (tonnes)
                                    Region of storage                                 Quantities
          Schleswig-Holstein/ Hamburg/
          Niedersachsen / Bremen /
          Nordrhein-Westfalen                                                         138 156
          Hessen/Rheinland-Pfalz/
          Baden-Württemberg/
          Saarland/Bayern                                                              67 348
          Berlin/Brandenburg/
          Mecklenburg-Vorpommern                                                          705
          Sachsen/Sachsen-Anhalt/
          Thüringen                                                                    18 924
 ---pagebreak---  20. 9 . 97             EN                    Official Journal of the European Communities                                   L 257/ 19
                                                                      ANNEX III
                      Standing invitation to tender for the export of 225 133 tonnes of common wheat of
                                      breadmaking quality held by the German intervention agency
                                                            (Regulation (EC) No 1816/97)
           1                  2                   3                      4                       5                6           7
                                                                                          Increases ( + )
      Registration                                                  Offer price                              Commercial
                             Lot              Quantity                                   Reductions (-)
      number of
                           number
                                                                   (ECU/tonne)                                  costs    Destination
                                             in tonnes                                     (ECU/tonne)
     the tenderer                                                       O                                    (ECU/tonne)
                                                                                               p.m .
           1
           2
           3
         etc.
(') This price includes the increases and reductions relating to the lot for which the tender is submitted .
                                                                     ANNEX IV
                     The only telex and fax numbers in Brussels to be used are:
                     DG VI/C/ 1 :
                    — telex:            22037 AGREC B,
                                        22070 AGREC B (Greek characters),
                    — fax:              296 49 56,
                                        295 25 15 .
 ---pagebreak--- L 257/20  [~EN                Official Journal of the European Communities                          20 . 9 . 97
                                                   ANNEX V
         Communication of refusal of lots under the standing invitation to tender for the export of
          225 133 tonnes of breadmaking common wheat held by the German intervention agency
                                   (Article 6 of Regulation (EC) No 1816/97)
         — 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 wheat of unimpaired
                                                       quality
                                                   — Other