CELEX: 31996R0261
Language: en
Date: 1996-02-12 00:00:00
Title: COMMISSION REGULATION (EC) No 261/96 of 12 February 1996 on the issuing of standing invitations to tender for the sale of common wheat of breadmaking quality held by the French and German intervention agencies for export to certain ACP countries in the 1995/96 marketing year

13. 2. 96         | EN I              Official Journal of the European Communities                              No L 34/ 19
                                       COMMISSION REGULATION (EC) No 261 /96
                                                      of 12 February 1996
                  on the issuing of standing invitations to tender for the sale of common wheat of
                  breadmaking quality held by the French and German intervention agencies for
                           export to certain ACP countries in the 1995/96 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 opera­
 Community,                                                        tors ; 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 Regulation (EC)         Article 30 of Commission Regulation (EEC) No
 No 1 863/95 (2), and in particular Article 5 thereof,             3719/88 (*), as last amended by Regulation (EC) No
                                                                   2137/95 (^ 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 amended by Regulation (EC) No 1 20/94 (4), lays down
 the procedure and conditions for the disposal of cereals          Whereas, where removal of the wheat is delayed by more
 held by intervention agencies ;                                   than five days, or the release of one of the securities
                                                                   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,
 significant quantities of common wheat are required ;            Whereas the Management Committee for Cereals has not
whereas these markets are usually supplied on the basis of         delivered an opinion within the time limit set by its
 regular contracts to ensure stable prices for the ACP             chairman ,
 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
 priate to the highly competitive situation on the world           HAS ADOPTED THIS REGULATION :
 market ;
Whereas the French and German intervention agencies                                          Article 1
 hold significant stocks of common wheat of high bread­
making quality ; whereas part of the wheat coming from             1.     Two standing invitations to tender are hereby issued
the intervention stocks held by the aforementioned agen­          for the export of :
 cies should therefore be resold to the ACP countries to
meet their quantitative and qualitative needs ; whereas the       — 30 000 tonnes of common wheat of breadmaking
common wheat successfully tendered for must be                         quality, held by the French intervention agency,
exported to the countries of destination by 31 July 1996
at the latest ;                                                   — 400 000 tonnes of common wheat of breadmaking
                                                                       quality, held by the German intervention agency.
Whereas the specific nature of the operation and the              2. The common wheat must be exported to an ACP
accounting position of the common wheat in question               State or to several States within one of the groups of ACP
require greater flexibility in the mechanisms and obliga­         States listed in Annex I.
tions governing the resale of intervention stocks and also
require exclusion of any refund, tax or monthly increase ;        3.     The regions in which the 30 000 tonnes of French
whereas special procedures must be laid down to ensure            and 400 000 tonnes of German common wheat of bread­
                                                                  making quality are stored are listed in Annex II.
(>) OJ No L 181 , 1 . 7. 1992, p. 21 .
P) OJ No L 179, 29. 7. 1995, p. 1 .
(3) OJ No L 191 , 31 . 7. 1993, p. 76.                            (*) OJ No L 331 , 2. 12. 1988, p. 1 .
b) OJ No L 21 , 26. 1 . 1994, p. 1 .                              ¥) OJ No L 214, 8. 9. 1995, p. 21 .
 ---pagebreak---  No L 34/20           EN                Official Journal of the European Communities                                13 . 2. 96
 4. The intervention agencies concerned shall prepare a                vention agency at least two working days before the
 notice of invitation to tender indicating for each lot or,            date of the first invitation to tender,
 where appropriate, each part lot :
                                                                   — they are accompanied by an application for an export
 — the location ,                                                      licence for the destination in question .
 — and at least the following features :                          The proof provided for in the first indent shall also indi­
                                                                   cate the quality provided for in the contract, the time
     — specific weight,                                            limit for delivery and the price terms.
     — moisture content,
     — Hagberg falling number,                                    The Member State shall send the Commission a copy of
                                                                  the said proof forthwith, for information .
    — impurity contents and sprouted grains,
    — protein content.                                            2.     Tenders may not exceed the quantity laid down in
                                                                  the commercial contract submitted. Where on the basis of
 5. They shall publish the notice of invitation to tender         the said contract the tenderer simultaneously participates
                                                                  in invitations to tender in the two Member States
at least two days before the date set for the first partial
invitation to tender.                                             concerned, he shall be required to mention this in his
                                                                  bid.
                                                                  When transmitting the tenders submitted, the Member
                          Article 2                               States shall inform the Commission of the above,
                                                                  mentioning if necessary the names of the tenderers
Subject to the provisions of this Regulation, the sales of        involved .
common wheat of breadmaking quality referred to in
Article 1 shall take place in accordance with the proce­
dure and conditions laid down by Regulation (EEC) No                                       Article 5
2131 /93 .
                                                                  1 . No export refund or export tax or monthly increase
                                                                  shall be applied for exports carried out pursuant to this
                          Article 3                               Regulation .
1.    The time limit for submitting tenders for the first         2. The validity of the export licences issued in accor­
                                                                  dance with this Regulation shall expire on 31 July 1996.
partial invitations to tender shall be 9 a.m. (Brussels time)
on Thursday 15 February 1996.
                                                                  3 . The licence obliges the operator to export to the
                                                                 ACP State or States for which the licence application was
2.    The time limit for submitting tenders for the second       submitted. However, up to a limit of 20 % of the quantity
partial invitation to tender shall be 9 a.m. (Brussels time)     for which the licence was issued, the operator may effect
on the following Thursday.                                       his contract at another destination on condition that it
                                                                 belongs to the same group of countries listed in Annex I.
The time limit for the last partial invitation to tender
shall be 28 March 1996.                                          4.     The export licences shall be issued as soon as the
                                                                 successful tenderers have been selected.
3.    Tenders must be submitted to the intervention
agency in question .                                             5. Article 9 of Regulation (EEC) No 3719/88 notwith­
                                                                 standing, the rights deriving from the licence referred to
                                                                 in this Article shall not be transferable .
                          Article 4
                                                                                           Article 6
1.    Tenders shall only be admissible if :
— the tenderer provides written proof from an official           1 . The intervention agency, the storer and the
    body in the country of destination or a company              successful tenderer, if he so wishes, shall, by common
    having its overseas subsidiary in the said country, that     agreement, either before or at the moment of removal
    he has concluded for the quantity in question a              from storage, as the successful tenderer chooses, take
   commercial supply contract for common wheat of                reference samples at the rate of at least one sample for
   breadmaking quality for export to an ACP State or to          every 500 tonnes, and shall analyse the samples. The
   several States within one of the groups of ACP states         intervention agency may be represented by a proxy,
   listed in Annex I. That contract may cover only those         provided this is not the storer.
   deliveries to be made during the period February 1996
   to September 1996 for quantities traditionally                The Commission must be informed of the findings of the
   supplied, such proof shall be lodged with the inter­          analyses in the event of a dispute .
 ---pagebreak---     13 . 2. 96            EN              Official Journal of the European Communities                               No L 34/21
    Reference samples shall be taken and analysed within                  lot in question . He shall be released from all his obli­
    seven working days of the date of the successful tenderer's           gations relating to the lot in question, including the
    request or within three working days if the samples were              securities, only once he has informed the Commission
   taken on removal from storage . If the final result of the             and the intervention agency forthwith, in accordance
   sample analyses indicates a quality :                                  with Annex V ; however, he may request the interven­
                                                                          tion agency to supply him with another lot of inter­
   (a) greater than that specified in the notice of invitation            vention bread-making wheat of the quality laid down,
        to tender, the successful tenderer must accept the lot            without additional charges. In this case, the security
        as established ;                                                  shall not be released. The lot must be replaced within
                                                                          a maximum of three days from the date of the
   (b) greater than the minimum characteristics required for              successful tenderer's request. The successful tenderer
        intervention but below the quality described in the               shall immediately inform the Commission thereof in
        notice of invitation to tender, with the difference               accordance with Annex V.
        remaining within a limit of up to :
        — 2 kg/hi for the specific weight, which must not,            2. However, if the bread-making wheat is removed
             however, be less than 72 kg/hi,                         before the results of the analysis are known, all risks shall
                                                                     be borne by the successful tenderer from the time of
        — one percentage point for the mositure current,             removal of the lot, without prejudice to the forms of
                                                                     recourse the successful tenderer may have against the
        — 20 percentage points for the Hagberg falling               storer.
            index,
        — one percentage point for the protein content,
                                                                     3 . If, after successive replacements, the successful
        — half a percentage point for the impurities referred        tenderer has not received a replacement lot of the quality
            to in B.2 and B.4 of the Annex to Commission             laid down within one month of the date of his request for
            Regulation (EEC) No 689/92 0                             replacement, he shall be released from all his obligations,
            and                                                      including the securities once he has informed the
                                                                     Commission and the intervention agency forthwith in
       — half a percentage point for the impurities referred        accordance with Annex V.
            to in point B.5 of the Annex to Regulation (EEC)
            No 689/92, the percentages admissible for noxious
            grains and ergot, however, remaining unchanged,         4. The costs of the taking of samples and the analyses
                                                                    referred to in paragraph 1 , except those where the final
       the successful tenderer must accept the lot as establi­      result of the analyses produces a quality inferior to the
       shed ;                                                       minimum characteristics required for intervention, shall
                                                                    be borne by the EAGGF up to a maximum of one
 (c) greater than the minimum characteristics required for          analysis per 500 tonnes with the exception of the trans­
       intervention but below the quality described in the          silage costs.
       notice of invitation to tender with the difference
       surpassing the limit referred to in point (b), the
       successful tenderer may :                                    The cost of transsilage and of any additional analyses
                                                                    requested by the successful tenderer shall be borne by
      — either accept the lot as established,                       him .
      — or refuse to take over the lot in question. The
           successful tenderer shall be released from all his
           obligations relating to the lot in question, inclu­
           ding the securities, only once he has informed the                                 Article 7
           Commission and the intervention agency forth­
           with, in accordance with Annex V ; however, if he
           requests the intervention agency to supply him          The successful tenderer shall pay for the common wheat
           with another lot of intervention bread-making           before removing it at the price indicated in the tender.
           wheat of the quality laid down, and that without        The final date for removal is 24 July 1996. The payment
           additional charges, the security shall not be           due for each of the lots to be removed shall be indivisible .
           released. The lot must be replaced within a
           maximum of three days from the date of the
           successful   tenderer's request. The successful
           tenderer shall immediately inform the Commis­                                      Article 8
           sion thereof in accordance with Annex V ;
(d) below the minimum characteristics required for inter­          1 . The security lodged pursuant to Article 13 (4) of
      vention, the successful tenderer may not remove the          Regulation (EEC) No 2131 /93 must be released once the
                                                                   export licences have been issued to the successful tende­
(') OJ No L 74, 20. 3. 1992, p. 18 .                               rers .
 ---pagebreak---  No L 34/22            EN                Official Journal of the European Communities                                   13 . 2. 96
 2.     The obligation to export and import into one of the         — Interventions-Brotweichweizen ohne Anwendung von
 countries of destination listed in Annex I shall be covered            Ausfuhrerstattungen oder Ausfuhrabgaben, Bestim­
 by a security amounting to ECU 60 per tonne of which                   mung (Name des AKP-Staates oder der AKP-Staaten),
 ECU 20 per tonne shall be lodged upon issue of the                     Verordnung (EG) Nr. 261 /96
 export licence, with the balance of ECU 40 being lodged
 before removal of the cereals.                                    — Μαλακός αρτοποιήσιμος σίτος παρέμβασης, χωρίς
                                                                        εφαρμογή επιστροφής ή φόρου προοριζόμενος για
                                                                        (όνομα της χώρας ΑΚΕ ή των χωρών AKE), κανο­
                                                                        νισμός (ΕΚ) αριθ. 261 /96
 Article 15 (2) of Commission Regulation (EEC) No
 3002/92 (') nothwithstanding :                                    — Intervention common wheat of breadmaking quality
                                                                        without application of refund or tax, bound for (name
                                                                        of the ACP State or States), Regulation (EC) No
 — the amount of ECU 20 per tonne must be released                      261 /96
     within 20 working days of the date on which the
     successful tenderer supplies proof that the wheat             — Blé tendre d intervention panifiable ne donnant pas
     removed has left the customs territory of the Commu­               lieu à restitution ni à taxe, destiné à (nom de l'Etat
     nity,                                                              ACP ou des États ACP), règlement (CE) n0 261 /96
                                                                   — Frumento tenero d intervento panificabile senza appli­
— the amount of ECU 40 per tonne must be released                       cazione di restituzione di tassa, destinato al (nome del
     within 15 working days of the date on which the                    paese o dei paesi ACP), regolamento (CE) n . 261 /96
     successful tenderer supplies proof of entry for
                                                                   — Zachte tarwe van bakkwaliteit uit interventie, zonder
     consumption into the ACP State or States referred to
     in Article 5 (3). This proof shall be supplied in accor­           toepassing van restitutie of belasting, bestemd voor
     dance with Articles 1 8 and 47 of Commission Regula­               (naam van de ACS-Staat of de ACS-Staten), Verorde­
     tion (EEC) No 3665/87 (2).                                         ning (EG) nr. 261 /96
                                                                   — Trigo mole panificavel de intervenção sem aplicação
                                                                        de uma restituição, ou imposição destinado a (nome
3 . Except in duly substantiated exceptional cases, in                  do Estado ou dos Estados ACP), Regulamento (CE) n?
particular the opening of an administrative enquiry, any                261 /96
release of the securities provided for in this Article after
                                                                   — Interventioleipävehnää, jolle ei makseta vientitukea
the limits specified in this same Article shall confer an               eikä vientimaksua ja jonka määräpaikka on (AKT­
entitlement to compensation from the Member State                       maan nimi tai AKT-maiden nimet), asetus (EY) N:o
amounting to 0,015 ECU/10 tonnes for each day's delay.                  261 /96
                                                                   — Interventionsvete av brödkvalitet, ej utan bidrag eller
This compensation shall not be charged to the EAGGF.                    avgift avsett för (AVS-statens eller AVS-staternas
                                                                        namn), förordning (EG) nr 261 /96.
                            Article 9                                                        Article 10
                                                                   1.     The French and German intervention agencies shall
Article 12 of Regulation (EEC) No 3002/92 notwithstan­             inform the Commission of the tenders received within
ding, the documents relating to the sale of common                 three hours of the expiry of the time limit for submitting
wheat in accordance with this Regulation and in parti­             tenders. The information must be sent in the form laid
cular the export licence, the removal order referred to in         down in Annex III to one of the telex or fax numbers
Article 3 (1 ) (b) of Regulation (EEC) No 3002/92, the             listed in Annex IV.
export declaration and, where appropriate, the T5 control
copy must bear the words :
                                                                   2. They shall inform the Commission on a monthly
                                                                   basis of the quantities of common wheat removed
— Trigo blando panificable de intervención sin aplica­             pursuant to this Regulation .
     ción de restitución ni gravamen, destinado a (nombre
     del Estado o de los Estados ACP), Reglamento (CE) n°
     261 /96
— Bageegnet blød hvede fra intervention uden restitu­                                        Article 11
     tionsydelse eller -afgift bestemt for (navnet på det eller
     de pågældende AVS-lande), forordning (EF) nr. 261 /96
                                                                   This Regulation shall enter into force on the day of its
(') OJ No L 301 , 17. 10. 1992, p. 17.                             publication in the Official Journal of the European
 2 OJ No L 351 , 14. 12. 1987, p. 1 .                              Communities.
 ---pagebreak--- 13 . 2. 96     EN             Official Journal of the European Communities                        No L 34/23
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 12 February 1996.
                                                                  For the Commission
                                                                    Franz FISCHLER
                                                              Member of the Commission
 ---pagebreak--- No L 34/24         EN              Official Journal of the European Communities                         13 . 2. 96
                                                         ANNEX I
                             Groups of ACP States signatories to the Lome Convention
                         Group I                          Group II                   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 Principe      Zambia
           Guinea-Bissau                      Gabon                      Malawi
           Guinea                             Congo                      Mozambique
           Cape Verde                         Zaire                      Namibia
           Sierra Leone                       Rwanda                     Botswana
           Liberia                            Burundi                    Zimbabwe
           Côte d'Ivoire                                                 Lesotho
           Ghana                                                         Swaziland
          Togo
                                            I
                                                        ANNEX II
                                                                                               (tonnes)
                                    Region of storage                               Quantities
           FRANCE :
          Châlons-sur-Marne                                                            4 000
          Rouen
                                            I                                         26 000
          GERMANY :
          Schleswig-Holstein/Hamburg/
           Niedersachsen/Bremen/
           Nordrhein-Westfalen                                                      234 993
           Hessen/Rheinland-Pfalz/
          Baden-Württemberg/
          Saarland/Bayern                                                             37 413
          Berlin/Brandenburg/
          Mecklenburg-Vorpommern                                                      12 824
          Sachsen/Sachsen-Anhalt/
                                                                                     114 770
          Thüringen
 ---pagebreak---   13 . 2. 96              EN                   Official Journal of the European Communities                                   No L 34/25
                                                                      ANNEX III
                      Standing invitation to tender for the export of 30 000 tonnes of common wheat of
                      breadmaking quality held by the French intervention agency and 400 000 tonnes of
                         common wheat of breadmaking quality held by the German intervention agency
                                                             (Regulation (EC) No 261 /96)
                                                                                          Increases (+)
       Registration                                                 Offer price                                   Commercial
                              Lot              Quantity                                  Reductions ( — )
       number of                                                   (ECU/tonne)                                       costs    Destination
                           number             in tonnes                                    (ECU/tonne)
      the tenderer                                                       ')                                       (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,
                                        or 296 10 97.
                                                                     ANNEX V
                     Communication of refusal of lots under the standing invitation to tender for the export of
                     430 000 tonnes of bread-making wheat held by the French and German intervention agency
                                                    (Article 6 of Regulation (EC) No 261 /96)
                    — 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