CELEX: 31998R2189
Language: en
Date: 1998-10-09 00:00:00
Title: Commission Regulation (EC) No 2189/98 of 9 October 1998 opening a standing invitation to tender for the export of barley held by the Spanish intervention agency

L 275/32             EN                 Official Journal of the European Communities                                  10. 10. 98
                                    COMMISSION REGULATION (EC) No 2189/98
                                                     of 9 October 1998
                 opening a standing invitation to tender for the export of barley held by the
                                               Spanish intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        with the exception of the United States of America,
                                                                   Canada and Mexico.
Having regard to the Treaty establishing the European
Community,                                                         2. The regions in which the 300 000 tonnes of barley
                                                                   are stored are set out in Annex I.
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                                          Article 3
Regulation (EC) No 923/96 (2), and in particular Article 5
thereof,                                                           1. Notwithstanding the third paragraph of Article 16 of
                                                           3       Regulation (EEC) No 2131/93, the price to be paid for the
Whereas Commission Regulation (EEC) No 2131/93 ( ),
                                                                   export shall be that quoted in the tender.
as last amended by Regulation (EC) No 2193/96 (4), lays
down the procedure and conditions for the disposal of              2. No export refund or tax or monthly increase shall be
cereals held by intervention agencies;                             granted on exports carried out pursuant to this Regula-
Whereas a standing invitation to tender should be opened           tion.
for the export of 300 000 tonnes of barley held by the
Spanish intervention agency;                                       3. Article 8(2) of Regulation (EEC) No 2131/93 shall
                                                                   not apply.
Whereas special procedures must be laid down to ensure
that the operations and their monitoring are properly
effected; whereas, to that end, provision should be made                                      Article 4
for a security lodgement scheme which ensures that aims
are met while avoiding excessive costs for the operators;          1. The export licences shall be valid from their date of
whereas derogations should accordingly be made to                  issue within the meaning of Article 9 of Regulation (EEC)
certain rules, in particular those laid down in Regulation         No 2131/93 until the end of the fourth month thereafter.
(EEC) No 2131/93;
                                                                   2. Tenders submitted in response to this invitation to
Whereas, where removal of the barley is delayed by more            tender may not be accompanied by export licence
than five days or the release of one of the securities             applications submitted pursuant to Article 44 of Commis-
required is delayed for reasons imputable to the interven-         sion Regulation (EEC) No 3719/88 (5).
tion agency the Member State concerned must pay
compensation;
                                                                                              Article 5
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                   1. Notwithstanding Article 7(1) of Regulation (EEC) No
Committee for Cereals,                                             2131/93, the time limit for submission of tenders in
                                                                   respect of the first partial invitation to tender shall be 9
                                                                   a.m. (Brussels time) on 15 October 1998.
HAS ADOPTED THIS REGULATION:                                       2. The time limit for submission of tenders in respect
                                                                   of subsequent partial invitations to tender shall be 9 a.m.
                           Article 1                               (Brussels time) each Thursday thereafter.
Subject to the provisions of this Regulation, the Spanish          3. The last partial invitation to tender shall be 9 a.m.
intervention agency issues a standing invitation to tender         (Brussels time) on 27 May 1999.
for the export of barley held by it in accordance with
Regulation (EEC) No 2131/93.                                       4. Tenders shall be lodged with the Spanish interven-
                                                                   tion agency.
                           Article 2
                                                                                              Article 6
1. The invitation to tender shall cover a maximum of
300 000 tonnes of barley for export to third countries,            1. The intervention agency, the storer and the
                                                                   successful tenderer shall, at the request of the latter and
(1) OJ L 181, 1. 7. 1992, p. 21.                                   by common agreement, either before or at the time of
(2) OJ L 126, 24. 5. 1996, p. 37.
(3) OJ L 191, 31. 7. 1993, p. 76.
(4) OJ L 293, 16. 11. 1996, p. 1.                                  (5) OJ L 331, 2. 12. 1988, p. 1.
 ---pagebreak--- 10. 10. 98            EN                 Official Journal of the European Communities                                   L 275/33
removal from storage as the successful tenderer chooses,                     the security shall not be released. The lot must be
take reference samples for counter-analysis at the rate of                   replaced within three days of the date of the
at least one sample for every 500 tonnes and shall analyse                   successful tenderer’s request. The successful
the samples. The intervention agency may be represented                      tenderer shall notify the Commission immediately
by a proxy, provided this is not the storer.                                 thereof in accordance with Annex II;
                                                                    (d) below the minimum characteristics laid down for
The analyses results shall be forwarded to the Commis-
                                                                         intervention, the successful tenderer may not remove
sion in the event of a dispute.
                                                                         the lot in question. He shall be discharged of all his
                                                                         obligations relating to the lot in question and the
Reference samples for counter-analysis shall be taken and                securities shall be released only once he has informed
analysed within seven working days of the date of the                    the Commission and the intervention agency forth-
successful tenderer’s request or within three working days               with in accordance with Annex II; however, he may
if the samples are taken on removal from storage. Where                  request the intervention agency to supply him with
the final result of sample analyses indicates a quality:                 another lot of intervention barley of the quality laid
                                                                         down at no additional charge. In that case, the security
                                                                         shall not be released. The lot must be replaced within
(a) higher than that specified in the notice of invitation               three days of the date of the successful tenderer’s
     to tender, the successful tenderer must accept the lot              request. The successful tenderer shall immediately
     as established;                                                     inform the Commission thereof in accordance with
                                                                         Annex II.
(b) higher than the minimum characteristics laid down
     for intervention but below the quality described in the
     notice of invitation to tender, providing that the             2. However, if the barley is removed before the results
     differences having regard to those criteria do not             of the analyses are known, all risks shall be borne by the
     exceed the following limits:                                   successful tenderer from the time the lot is removed,
                                                                    without prejudice to any means of redress of which he
     — two kilograms per hectolitre as regards specific             may avail himself against the storer.
         weight, which must not, however, be less than 60
         kg/hl,
                                                                    3. If, as a result of successive replacements, the
     — one percentage point as regards moisture content,            successful tenderer has not received a replacement lot of
     — half a percentage point as regards impurities as             the quality laid down within one month of the date of his
         specified in points B.2 and B.4 of the Annex to            request for a replacement, he shall be discharged of all his
         Commission Regulation (EEC) No 689/92 (1), and             obligations and the securities shall be released once he
                                                                    has informed the Commission and the intervention
     — half a percentage point as regards impurities as             agency forthwith in accordance with Annex II.
         specified in point B.5 of the Annex to Regulation
         (EEC) No 689/92, the percentages admissible for
         noxious grains and ergot, however, remaining               4. Except where the final results of analyses indicate a
         unchanged,                                                 quality below the minimum characteristics laid down for
     the successful tenderer must accept the lot as estab-          intervention, the costs of taking the samples and
     lished;                                                        conducting the analyses provided for in paragraph 1 but
                                                                    not of inter-bin transfers shall be borne by the EAGGF in
                                                                    respect of up to one analysis per 500 tonnes. The costs of
(c) higher than the minimum characteristics laid down               inter-bin transfers and any additional analyses requested
     for intervention but below the quality described in the        by the successful tenderer shall be borne by him.
     notice of invitation to tender, and a difference
     exceeding the limits set out in point (b), the successful
     tenderer may:
     — accept the lot as established, or                                                       Article 7
     — refuse to take over the lot in question. The
         successful tenderer shall be discharged of all his
         obligations relating to the lot in question and the        By derogation from Article 12 of Commission Regulation
         securities shall be released only once he has              (EEC) No 3002/92 (2), the documents relating to the sale
         informed the Commission and the intervention               of barley in accordance with this Regulation, and in
         agency forthwith in accordance with Annex II;              particular the export licence, the removal order referred to
         however, if he requests the intervention agency to         in Article 3(1)(b) of Regulation (EEC) No 3002/92, the
         supply him with another lot of intervention barley         export declaration and, where necessary, the T5 copy shall
         of the quality laid down at no additional charge,          carry the entry:
(1) OJ L 74, 20. 3. 1992, p. 18.                                    (2) OJ L 304, 17. 10. 1992, p. 17.
 ---pagebreak--- L 275/34              EN               Official Journal of the European Communities                                10. 10. 98
— Cebada de intervención sin aplicación de restitución            Notwithstanding Article 15(2) of Regulation (EEC) No
    ni gravamen, Reglamento (CE) no 2189/98                       3002/92:
— Byg fra intervention uden restitutionsydelse eller              — the part of the security lodged when the licence is
    -afgift, forordning (EF) nr. 2189/98                               issued must be released within 20 working days of the
— Interventionsgerste ohne Anwendung von Ausfuhrer-                    date on which the successful tenderer provides proof
    stattungen oder Ausfuhrabgaben, Verordnung (EG)                    that the cereals removed have left the customs ter-
    Nr. 2189/98                                                        ritory of the Community.
— Κριθ παρµβασηr χωρr εφαρµογ επιστροφr 
    φρου, κανονισµr (ΕΚ) αριθ. 2189/98                          Notwithstanding Article 17(3) of Regulation (EEC) No
                                                                  2131/93:
— Intervention barley without application of refund or
    tax, Regulation (EC) No 2189/98                               — the remainder must be released within 15 working
— Orge d’intervention ne donnant pas lieu à restitution                days of the date on which the successful tenderer
    ni taxe, règlement (CE) no 2189/98                                 provides the proof referred to in Article 18 of
                                                                       Commission Regulation (EEC) No 3665/87 (1).
— Orzo d’intervento senza applicazione di restituzione
    né di tassa, regolamento (CE) n. 2189/98                      3. Except in duly substantiated exceptional cases, in
— Gerst uit interventie, zonder toepassing van restitutie         particular the opening of an administrative enquiry, any
    of belasting, Verordening (EG) nr. 2189/98                    release of the securities provided for in this Article after
— Cevada de intervenção sem aplicação de uma resti-               the time limits specified in this same Article shall confer
    tuição ou imposição, Regulamento (CE) në 2189/98              an entitlement to compensation from the Member State
— Interventio-ohraa, johon ei sovelleta vientitukea eikä          amounting to ECU 0,015 per 10 tonnes for each day’s
    vientimaksua, asetus (EY) N:o 2189/98                         delay.
— Interventionskorn, utan tillämpning av bidrag eller             This compensation shall not be charged to the European
    avgift, förordning (EG) nr 2189/98.                           Agricultural Guidance and Guarantee Fund (EAGGF).
                          Article 8                                                         Article 9
1. The security lodgement pursuant to Article 13(4) of
                                                                  Within two hours of the expiry of the time limit for the
Regulation (EEC) No 2131/93 must be released once the
                                                                  submission of tenders, the Spanish intervention agency
export licences have been issued to the successful
                                                                  shall notify the Commission of tenders received. Such
tenderers.
                                                                  notification shall be made using the model set out in
2. Notwithstanding Article 17 of Regulation (EEC) No              Annex III and the telex or fax numbers set out in Annex
2131/93, the obligation to export shall be covered by a           IV.
security equal to the difference between the intervention
price applying on the day of the award and the price                                       Article 10
awarded but not less than ECU 10 per tonne. Half of the
security shall be lodged when the licence is issued and           This Regulation shall enter into force on the day of its
the balance shall be lodged before the cereals are                publication in the Official Journal of the European
removed.                                                          Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 9 October 1998.
                                                                              For the Commission
                                                                                Franz FISCHLER
                                                                          Member of the Commission
                                                                  (1) OJ L 351, 14. 12. 1987, p. 1.
 ---pagebreak--- 10. 10. 98    EN                  Official Journal of the European Communities                               L 275/35
                                                          ANNEX I
                                                                                         (tonnes)
                                          Place of storage                    Quantity
                           Aragón                                              30 000
                           Castilla-La Mancha                                  62 000
                           Castilla y León                                    178 000
                           Navarra                                             25 000
                           País Vasco                                           2 000
                           La Rioja                                             3 000
                                                         ANNEX II
           Communication of refusal of lots under the standing invitation to tender for the export of
                                barley held by the Spanish intervention agency
                                     (Article 6(1) of Regulation (EC) No 2189/98)
            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/hl)
                                                            — % sprouted grains
                                                            — % miscellaneous impurities (Schwarzbesatz)
                                                            — % of matter which is not basic cereal of unim-
                                                               paired quality
                                                            — Other
 ---pagebreak--- L 275/36      EN                     Official Journal of the European Communities                                        10. 10. 98
                                                           ANNEX III
         Standing invitation to tender for the export of barley held by the Spanish intervention
                                                               agency
                                                  (Regulation (EC) No 2189/98)
                 1                2                3                4               5             6               7
                                                                            Price increases
                                                                                 (+) or
                                                              Offer price                    Commercial
                            Consignment       Quantity                        reductions
             Tender No                                       (ECU/tonne)                        costs        Destination
                                 No            (tonnes)                           (–)
                                                                   ( 1)                      (ECU/tonne)
                                                                             (ECU/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 VI-C-1)
         — fax:                          296 49 56,
                                         295 25 15,
         — telex:                        22037 AGREC B,
                                         22070 AGREC B (Greek characters).