CELEX: 32000R0441
Language: en
Date: 2000-02-25 00:00:00
Title: Commission Regulation (EC) No 441/2000 of 25 February 2000 opening a standing invitation to tender for the export of barley held by the Irish intervention agency

26. 2. 2000            EN                     Official Journal of the European Communities                                          L 54/29
                                         COMMISSION REGULATION (EC) No 441/2000
                                                          of 25 February 2000
               opening a standing invitation to tender for the export of barley held by the Irish intervention
                                                                   agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                              2.     The regions in which the 29 977 tonnes of barley 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
cereals (1), as last amended by Commission Regulation (EC) No            1.     Notwithstanding the third paragraph of Article 16 of
1253/1999 (2), and in particular Article 5 thereof,                      Regulation (EEC) No 2131/93, the price to be paid for the
                                                                         export shall be that quoted in the tender.
Whereas:
                                                                         2.     No export refund or tax or monthly increase shall be
(1)     Commission Regulation (EEC) No 2131/93 (3), as last              granted on exports carried out pursuant to this Regulation.
        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 29 977                                            Article 4
        tonnes of barley held by the Irish intervention agency.
(3)     Special procedures must be laid down to ensure that the          1.     The export licences shall be valid from their date of issue
        operations and their monitoring are properly effected.           within the meaning of Article 9 of Regulation (EEC) No 2131/
        To that end, provision should be made for a security             93 until the end of the fourth month thereafter.
        lodgement scheme which ensures that aims are met
        while avoiding excessive costs for the operators. Deroga-        2.     Tenders submitted in response to this invitation to tender
        tions should accordingly be made to certain rules, in            may not be accompanied by export licence applications
        particular those laid down in Regulation (EEC) No 2131/          submitted pursuant to Article 44 of Commission Regulation
        93.                                                              (EEC) No 3719/88 (5).
(4)     Where removal of the barley is delayed by more than
        five days or the release of one of the securities required                                     Article 5
        is delayed for reasons imputable to the intervention
        agency the Member State concerned must pay                       1.     Notwithstanding Article 7(1) of Regulation (EEC) No
        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)     The measures provided for in this Regulation are in              time) on 2 March 2000.
        accordance 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 25 May 2000.
                              Article 1
Subject to the provisions of this Regulation the Irish interven-         4.     Tenders shall be lodged with the Irish intervention
tion agency issues a standing invitation to tender for the export        agency.
of barley held by it in accordance with Regulation (EEC) No
2131/93.
                                                                                                       Article 6
                              Article 2                                  1.     The intervention agency, the storer and the successful
                                                                         tenderer shall, at the request of the latter and by common
1.     The invitation to tender shall cover a maximum of                 agreement, either before or at the time of removal from storage
29 977 tonnes of barley for export to third countries, with the          as the successful tenderer chooses, take reference samples for
exception of the United States, Canada and Mexico.                       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 54/30                EN                      Official Journal of the European Communities                                    26. 2. 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 barley is removed before the results of
analysed within seven working days of the date of the                     the analyses are known, all risks shall be borne by the
successful tenderer's request or within three working days if the         successful tenderer from the time the lot is removed, without
samples are taken on removal from storage. Where the final                prejudice to any means of redress of which he may avail
result of sample analyses indicates a quality:                            himself against the 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
                                                                          quality below the minimum characteristics laid down for inter-
     — two kilograms per hectolitre as regards specific weight,
                                                                          vention, the costs of taking the samples and conducting the
         which must not, however, be less than 60 kg/hl,
                                                                          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
                                                                          and Guarantee Fund (EAGGF) in respect of up to one analysis
     — half a percentage point as regards impurities as speci-            per 500 tonnes. The costs of inter-bin transfers and any addi-
         fied in points B.2 and B.4 of the Annex to Commission            tional analyses requested by the successful tenderer shall be
         Regulation (EEC) No 689/92 (1), 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,
     the successful tenderer must accept the lot as established;          By derogation from Article 12 of Commission Regulation (EEC)
                                                                          No 3002/92 (2), the documents relating to the sale of barley in
(c) higher than the minimum characteristics laid down for                 accordance with this Regulation, and in particular the export
     intervention but below the quality described in the notice           licence, the removal order referred to in Article 3(1)(b) of
     of invitation to tender, and a difference exceeding the limits       Regulation (EEC) No 3002/92, the export declaration and,
     set out in point (b), the successful tenderer may:                   where necessary, the T5 copy shall carry the entry:
                                                                          — Cebada de intervención sin aplicación de restitución ni
     — accept the lot as established, or
                                                                              gravamen, Reglamento (CE) no 441/2000
     — refuse to take over the lot in question. The successful            — Byg fra intervention uden restitutionsydelse eller -afgift,
         tenderer shall be discharged of all his obligations                  forordning (EF) nr. 441/2000
         relating to the lot in question and the securities shall be
         released only once he has informed the Commission                — Interventionsgerste ohne Anwendung von Ausfuhrerstat-
         and the intervention agency forthwith in accordance                  tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 441/
         with Annex II; however, if he requests the intervention              2000
         agency to supply him with another lot of intervention            — Κριθή παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου, κανο-
         barley of the quality laid down at no additional charge,             νισµός (ΕΚ) αριθ. 441/2000
         the security shall not be released. The lot must be
         replaced within three days of the date of the successful         — Intervention barley without application of refund or tax,
         tenderer's request. The successful tenderer shall notify             Regulation (EC) No 441/2000
         the Commission immediately thereof in accordance                 — Orge d'intervention ne donnant pas lieu à restitution ni
         with Annex II;                                                       taxe, règlement (CE) no 441/2000
                                                                          — Orzo d'intervento senza applicazione di restituzione né di
(d) below the minimum characteristics laid down for interven-                 tassa, regolamento (CE) n. 441/2000
     tion, the successful tenderer may not remove the lot in
     question. He shall be discharged of all his obligations              — Gerst uit interventie, zonder toepassing van restitutie of
     relating to the lot in question and the securities shall be              belasting, Verordening (EG) nr. 441/2000
     released only once he has informed the Commission and                — Cevada de intervenção sem aplicação de uma restituição ou
     the intervention agency forthwith in accordance with                     imposição, Regulamento (CE) n.o 441/2000
     Annex II; however, he may request the intervention agency
     to supply him with another lot of intervention barley of the         — Interventio-ohraa, johon ei sovelleta vientitukea eikä vienti-
     quality laid down at no additional charge. In that case, the             maksua, asetus (EY) N:o 441/2000
     security shall not be released. The lot must be replaced             — Interventionskorn, utan tillämpning av bidrag eller avgift,
     within three days of the date of the successful tenderer's               förordning (EG) nr 441/2000.
(1) OJ L 74, 20.3.1992, p. 18.                                            (2) OJ L 301, 17.10.1992, p. 17.
 ---pagebreak--- 26. 2. 2000          EN                        Official Journal of the European Communities                                          L 54/31
                            Article 8                                           proof referred to in Article 18 of Regulation (EEC) No
                                                                                3665/87.
1.    The security lodgement pursuant to Article 13(4) of
Regulation (EEC) No 2131/93 must be released once the export                3.    Except in duly substantiated exceptional cases, in partic-
licences have been issued to the successful tenderers.                      ular the opening of an administrative enquiry, any release of
2.    Notwithstanding Article 17 of Regulation (EEC) No                     the securities provided for in this Article after the time limits
2131/93, the obligation to export shall be covered by a                     specified in this same Article shall confer an entitlement to
security equal to the difference between the intervention price             compensation from the Member State amounting to
applying on the day of the award and the price awarded but                  EUR 0,015 per 10 tonnes for each day's delay.
not less than EUR 10 per tonne. Half of the security shall be
                                                                            This compensation shall not be charged to the EAGGF.
lodged when the licence is issued and the balance shall be
lodged before the cereals are removed.
Notwithstanding Article 15(2) of Regulation (EEC) No 3002/                                                Article 9
92:                                                                         Within two hours of the expiry of the time limit for the
— the part of the security lodged when the licence is issued                submission of tenders, the Irish intervention agency shall notify
    must be released within 20 working days of the date on                  the Commission of tenders received. Such notification shall be
    which the successful tenderer provides proof that the                   made using the model set out in Annex III and the telex or fax
    cereals removed have left the customs territory of the                  numbers set out in Annex IV.
    Community.
Notwithstanding Article 17(3) of Regulation (EEC) No 2131/                                               Article 10
93:
— the remainder must be released within 15 working days of                  This Regulation shall enter into force on the day of its publica-
    the date on which the successful tenderer provides the                  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, 25 February 2000.
                                                                                         For the Commission
                                                                                           Franz FISCHLER
                                                                                     Member of the Commission
                                                                      ANNEX I
                                                                                                    (tonnes)
                                                     Place of storage                      Quantity
                                    Baltinglass/Co. Wicklow                                15 000
                                    Naas/Co. Kildare                                        2 167
                                    Gorey/Co. Wexford                                       9 501
                                    Freshford Road/Kilkenny                                 3 309
 ---pagebreak--- L 54/32            EN                           Official Journal of the European Communities                                                 26. 2. 2000
                                                                        ANNEX II
        Communication of refusal of lots under the standing invitation to tender for the export of barley held by the
                                                             Irish intervention agency
                                                 (Article 6(1) of Regulation (EC) No 441/2000)
        — Name of successful tenderer:
        — Date of award of 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
                                                                        ANNEX III
                  Standing invitation to tender for the export of barley held by the Irish intervention agency
                                                           (Regulation (EC) No 441/2000)
                  1                  2                   3                    4                 5                  6                  7
                                                                                        Price increases
                                                                                             (+) or
                                                                         Offer price
                                Consignment          Quantity                             reductions      Commercial costs
             Tender No                                                  (EUR/tonne)                                              Destination
                                    No               (tonnes)                                  (–)           (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):
        — fax                        296 49 56,
                                     295 25 15;
        — telex                      22037 AGREC B,
                                     22070 AGREC B (Greek characters).