CELEX: 32000R1293
Language: en
Date: 2000-06-20 00:00:00
Title: Commission Regulation (EC) No 1293/2000 of 20 June 2000 opening a standing invitation to tender for the export of maize held by the Austrian intervention agency

L 146/6                EN                     Official Journal of the European Communities                                       21.6.2000
                                         COMMISSION REGULATION (EC) No 1293/2000
                                                            of 20 June 2000
               opening a standing invitation to tender for the export of maize held by the Austrian intervention
                                                                   agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                              2.     The regions in which the 51 000 tonnes of maize are
                                                                         stored are set out at Annex I.
Having regard to the Treaty establishing the European
Community,
                                                                                                       Article 3
Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in                    1.     Notwithstanding the third paragraph of Article 16 of
cereals (1), as last amended by Regulation (EC) No 1253/                 Regulation (EEC) No 2131/93, the price to be paid for the
1999 (2), and in particular Article 5 thereof,                           export shall be that quoted in the tender.
Whereas:                                                                 2.     No export refund or tax or monthly increase shall be
                                                                         granted on exports carried out pursuant to this Regulation.
(1)     Commission Regulation (EEC) No 2131/93 ( ), as last
                                                         3
        amended by Regulation (EC) No 39/1999 (4), lays down             3.     Article 8(2) of Regulation (EEC) No 2131/93 shall not
        the procedure and conditions for the disposal of cereals         apply.
        held by intervention agencies.
(2)     Given the current market situation, a standing invitation                                      Article 4
        to tender should be opened for the export of 51 000
        tonnes of maize held by the Austrian intervention                1.     The export licences shall be valid from their date of issue
        agency.                                                          within the meaning of Article 9 of Regulation (EEC) No 2131/
                                                                         93 until the end of the fourth month thereafter.
(3)     Special procedures must be laid down to ensure that the
        operations and their monitoring are properly effected.           2.     Tenders submitted in response to this invitation to tender
        To that end, provision should be made for a security             may not be accompanied by export licence applications
        lodgement scheme which ensures that aims are met                 submitted pursuant to Article 44 of Commission Regulation
        while avoiding excessive costs for the operators. Deroga-        (EEC) No 3719/88 (5).
        tions should accordingly be made to certain rules, in
        particular those laid down in Regulation (EEC) No 2131/
        93.                                                                                            Article 5
(4)     Where removal of the maize is delayed by more than               1.     Notwithstanding Article 7(1) of Regulation (EEC) No
        five days or the release of one of the securities required       2131/93, the time limit for submission of tenders in respect of
        is delayed for reasons imputable to the intervention             the first partial invitation to tender shall be 9 a.m. (Brussels
        agency the Member State concerned must pay                       time) on 22 June 2000.
        compensation.
                                                                         2.     The time limit for submission of tenders in respect of
(5)     The measures provided for in this Regulation are in              subsequent partial invitations to tender shall be 9 a.m. (Brussels
        accordance with the opinion of the Management                    time) each Thursday thereafter.
        Committee for Cereals,
                                                                         3.     The last partial invitation to tender shall be 9 a.m. (Brus-
                                                                         sels time) on 13 July 2000.
HAS ADOPTED THIS REGULATION:
                                                                         4.     Tenders shall be lodged with the Austrian intervention
                                                                         agency.
                              Article 1
Subject to the provisions of this Regulation the Austrian inter-                                       Article 6
vention agency issues a standing invitation to tender for the
export of maize held by it in accordance with Regulation (EEC)           1.     The intervention agency, the storer and the successful
No 2131/93.                                                              tenderer shall, at the request of the latter and by common
                                                                         agreement, either before or at the time of removal from storage
                                                                         as the successful tenderer chooses, take reference samples for
                              Article 2                                  counter-analysis at the rate of at least one sample for every 500
                                                                         tonnes and shall analyse the samples. The intervention agency
1.     The invitation to tender shall cover a maximum of                 may be represented by a proxy, provided this is not the storer.
51 000 tonnes of maize for export to Slovenia and Poland.
                                                                         The analysis results shall be forwarded to the Commission in
(1) OJ L  181, 1.7.1992, p. 21.                                          the event of a dispute.
(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--- 21.6.2000              EN                      Official Journal of the European Communities                                        L 146/7
Reference samples for counter analysis shall be taken and                     request. The successful tenderer shall immediately inform
analysed within seven working days of the date of the                         the Commission thereof in accordance with Annex II.
successful tenderer's request or within three working days if the
samples are taken on removal from storage. Where the final
result of sample analyses indicates a quality:                            2.    However, if the maize is removed before the results of the
                                                                          analyses are known, all risks shall be borne by the successful
                                                                          tenderer from the time the lot is removed, without prejudice to
                                                                          any means of redress of which he may avail himself against the
(a) higher than that specified in the notice of invitation to
                                                                          storer.
     tender, the successful tenderer must accept the lot as estab-
     lished;
                                                                          3.    If, as a result of successive replacements, the successful
                                                                          tenderer has not received a replacement lot of the quality laid
(b) higher than the minimum characteristics laid down for                 down within one month of the date of his request for a
     intervention but below the quality described in the notice           replacement, he shall be discharged of all his obligations and
     of invitation to tender, providing that the differences              the securities shall be released once he has informed the
     having regard to those criteria do not exceed the following          Commission and the intervention agency forthwith in accord-
     limits:                                                              ance with Annex II.
     — one percentage point as regards moisture content,
                                                                          4.    Except where the final results of analyses indicate a
     — half a percentage point as regards impurities as speci-            quality below the minimum characteristics laid down for inter-
         fied in points B.2 and B.4 of the Annex to Commission            vention, the costs of taking the samples and conducting the
         Regulation (EEC) No 689/92 (1), and                              analyses provided for in paragraph 1 but not of inter-bin
                                                                          transfers shall be borne by the EAGGF in respect of up to one
     — half a percentage point as regards impurities as speci-            analysis per 500 tonnes. The costs of inter-bin transfers and
         fied in point B.5 of the Annex to Regulation (EEC) No            any additional analyses requested by the successful tenderer
         689/92, the percentages admissible for noxious grains            shall be borne by him.
         and ergot, however, remaining unchanged,
    the successful tenderer must accept the lot as established;                                       Article 7
(c) higher than the minimum characteristics laid down for                 By derogation from Article 12 of Regulation (EEC) No 3002/
     intervention but below the quality described in the notice           92, the documents relating to the sale of maize in accordance
     of invitation to tender, and a difference exceeding the limits       with this Regulation, and in particular the export licence, the
     set out in point (b), the successful tenderer may:                   removal order referred to in Article 3(1)(b) of Regulation (EEC)
                                                                          No 3002/92, the export declaration and, where necessary, the
     — accept the lot as established, or                                  T5 copy shall carry the entry:
     — refuse to take over the lot in question. The successful            — Maíz de intervención sin aplicación de restitución ni
         tenderer shall be discharged of all his obligations                  gravamen, Reglamento (CE) no 1293/2000
         relating to the lot in question and the securities shall be      — Majs fra intervention uden restitutionsydelse eller -afgift,
         released only once he has informed the Commission                    forordning (EF) nr. 1293/2000
         and the intervention agency forthwith in accordance
         with Annex II; however, if he requests the intervention          — Interventionsmais ohne Anwendung von Ausfuhrerstat-
         agency to supply him with another lot of intervention                tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 1293/
         maize of the quality laid down at no additional charge,              2000
         the security shall not be released. The lot must be              — Καλαµπόκι παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου,
         replaced within three days of the date of the successful             κανονισµός (ΕΚ) αριθ. 1293/2000
         tenderer's request. The successful tenderer shall notify
         the Commission immediately thereof in accordance                 — Intervention maize without application of refund or tax,
         with Annex II;                                                       Regulation (EC) No 1293/2000
                                                                          — Maïs d'intervention ne donnant pas lieu à restitution ni
                                                                              taxe, règlement (CE) no 1293/2000
(d) below the minimum characteristics laid down for interven-
     tion, the successful tenderer may not remove the lot in              — Granturco d'intervento senza applicazione di restituzione
     question. He shall be discharged of all his obligations                  né di tassa, regolamento (CE) n. 1293/2000
     relating to the lot in question and the securities shall be
     released only once he has informed the Commission and                — Maïs uit interventie, zonder toepassing van restitutie of
     the intervention agency forthwith in accordance with                     belasting, Verordening (EG) nr. 1293/2000
     Annex II; however, he may request the intervention agency            — Milho de intervenção sem aplicação de uma restituição ou
     to supply him with another lot of intervention maize of the              imposição, Regulamento (CE) n.o 1293/2000
     quality laid down at no additional charge. In that case, the
     security shall not be released. The lot must be replaced             — Interventiomaissi, johon ei sovelleta vientitukea eikä vienti-
     within three days of the date of the successful tenderer's               maksua, asetus (EY) N:o 1293/2000
                                                                          — Interventionsmajs, utan tillämpning av bidrag eller avgift,
(1) OJ L 74, 20.3.1992, p. 18.                                                förordning (EG) nr 1293/2000.
 ---pagebreak--- L 146/8               EN                       Official Journal of the European Communities                                         21.6.2000
                             Article 8                                       3.    Except in duly substantiated exceptional cases, in partic-
                                                                             ular the opening of an administrative enquiry, any release of
1.     The security lodgement pursuant to Article 13(4) of                   the securities provided for in this Article after the time limits
Regulation (EEC) No 2131/93 must be released once the export                 specified in this same Article shall confer an entitlement to
licences have been issued to the successful tenderers.                       compensation from the Member State amounting to
2.     The obligation to export to the third countries shall be              EUR 0,015 per 10 tonnes for each day's delay.
covered by a security amounting to EUR 50 per tonne of                       This compensation shall not be charged to the European Agri-
which EUR 30 per tonne shall be lodged when the export                       cultural Guidance and Guarantee Fund (EAGGF).
licence is issued, with the balance of EUR 20 per tonne being
lodged before removal of the cereals.
                                                                                                              Article 9
Article 15(2) of Commission Regulation (EEC) No 3002/92 (1)
notwithstanding:                                                             Within two hours of the expiry of the time limit for the
                                                                             submission of tenders, the Austrian intervention agency shall
— the amount of EUR 30 per tonne must be released within                     notify the Commission of tenders received. Such notification
    20 working days of the date on which the successful                      shall be made using the model set out in Annex III and the
    tenderer supplies proof that the maize removed has left the              telex or fax numbers set out in Annex IV.
    customs territory of the Community,
— the amount of EUR 20 per tonne must be released within                                                     Article 10
    15 working days of the date on which the successful
    tenderer supplies the proof referred to in Article 17(3) of              This Regulation shall enter into force on the day of its publica-
    Regulation (EEC) No 2131/93.                                             tion in the Official Journal of the European Communities.
                     This Regulation shall be binding in its entirety and directly applicable in all Member States.
                     Done at Brussels, 20 June 2000.
                                                                                          For the Commission
                                                                                            Franz FISCHLER
                                                                                      Member of the Commission
                                                                       ANNEX I
                                                                                                        (tonnes)
                                                       Place of storage                      Quantities
                                     Niederösterreich/Wien/nördl. Burgenland                 32 260
                                     Steiermark/Kärnten                                      18 740
(1) OJ L 301, 17.10.1992, p. 17.
 ---pagebreak--- 21.6.2000           EN                            Official Journal of the European Communities                                                 L 146/9
                                                                         ANNEX II
          Communication of refusal of lots under the standing invitation to tender for the export of maize held by the
                                                            Austrian intervention agency
                                                  (Article 6(1) of Regulation (EC) No 1293/2000)
          — 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
                                                                                      — % 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 maize held by the Austrian intervention agency
                                                           (Regulation (EC) No 1293/2000)
                    1                  2                  3                    4                  5                  6                  7
                                                                                          Price increases
                                                                                               (+) or
                                                                          Offer price                          Commercial
                 Tender           Consignment         Quantity                              reductions
                                                                         (EUR/tonne)                               costs           Destination
                   No                 No               (tonnes)                                  (–)
                                                                              (1)                              (EUR/tonne)
                                                                                           (EUR/tonne)
                                                                                                p.m.
                    1
                    2
                    3
                   etc.
          (1) This price includes the increases and reductions relating to the lot to which the tender refers.
                                                                         ANNEX IV
          The only numbers to use to call Brussels are (DG AGRI/C-1):
          — telex:                     22037 AGREC B,
                                       22070 AGREC B (Greek characters),
          — fax:                       296 49 56,
                                       295 25 15.