CELEX: 31999R1231
Language: en
Date: 1999-06-15 00:00:00
Title: Commission Regulation (EC) No 1231/1999 of 15 June 1999 opening a standing invitation to tender for the export of common wheat of breadmaking quality held by the Swedish intervention agency

16. 6. 1999            EN               Official Journal of the European Communities                                  L 149/9
                                   COMMISSION REGULATION (EC) No 1231/1999
                                                      of 15 June 1999
                   opening a standing invitation to tender for the export of common wheat of
                              breadmaking quality held by the Swedish intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                               Regulation (EEC) No 2131/93, which stipulates
                                                                          that payment must be made no later than one
                                                                          month after acceptance of the tender;
Having regard to the Treaty establishing the European
Community,
                                                                   (6)    Whereas the measures provided for in this Regula-
                                                                          tion are in accordance with the opinion of the
Having regard to Council Regulation (EEC) No 1766/92                      Management Committee for Cereals,
of 30 June 1992 on the common organisation of the
market in cereals (1) as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article 5
thereof,                                                           HAS ADOPTED THIS REGULATION:
(1)    Whereas Commission Regulation (EEC) No 2131/
       93 (3) as last amended by Regulation (EC) No 39/                                     Article 1
       1999 (4) lays down the procedure and conditions for
       the disposal of cereals held by intervention agen-          Subject to the provisions of this Regulation the Swedish
       cies;                                                       intervention agency issues a standing invitation to tender
                                                                   for the export of common wheat of breadmaking quality
                                                                   held by it in accordance with Regulation (EEC) No 2131/
(2)    Whereas, given the current market situation, a              93.
       standing invitation to tender should be opened for
       the export of 35 113 tonnes of common wheat of
       breadmaking quality held by the Swedish interven-                                    Article 2
       tion agency;
                                                                   1.    The invitation to tender shall cover a maximum of
(3)    Whereas special procedures must be laid down to             35 113 tonnes of common wheat of breadmaking quality
       ensure that the operations and their monitoring are         to be exported to all third countries. However, the
       properly effected; whereas, to that end, provision          customs export formalities for tenders submitted on or
       should be made for a security lodgement scheme              after 17 June 1999 may be completed only on or after 1
       which ensures that aims are met while avoiding              July 1999.
       excessive costs for the operators; whereas deroga-
       tions should accordingly be made to certain rules,          2.    The regions in which the 35 113 tonnes of common
       in particular those laid down in Regulation (EEC)           wheat of breadmaking quality are stored are set out in
       No 2131/93;                                                 Annex I.
(4)    Whereas, where removal of the common wheat of
                                                                                            Article 3
       breadmaking quality is delayed by more than five
       days or the release of one of the securities required
       is delayed for reasons imputable to the intervention        1.    Notwithstanding the third paragraph of Article 16 of
       agency the Member State concerned must pay                  Regulation (EEC) No 2131/93, the price to be paid for the
       compensation;                                               export shall be that quoted in the tender.
                                                                   2.    No export refund or tax or monthly increase shall
(5)    Whereas this invitation to tender for the export of         be granted on exports carried out pursuant to this Regula-
       intervention stocks is unusual in that it will also         tion.
       operate at the end of the marketing year, i.e. in
       June 1999; whereas, therefore, in the case of               3.    Article 8(2) of Regulation (EEC) No 2131/93 shall
       tenders made between 17 and 30 June 1999, deliv-            not apply.
       eries will be possible only from 1 July 1999;
       whereas provision must accordingly be made to
       derogate from the first paragraph of Article 16 of                                   Article 4
(1) OJ L  181, 1.7.1992, p. 21.                                    1.    The export licences shall be valid from their date of
(2) OJ L  126, 24.5.1996, p. 37.
(3) OJ L  191, 31.7.1993, p. 76.                                   issue within the meaning of Article 9 of Regulation (EEC)
(4) OJ L  5, 9.1.1999, p. 64.                                      No 2131/93 until the end of the fourth month thereafter.
 ---pagebreak--- L 149/10             EN                 Official Journal of the European Communities                                  16. 6. 1999
2.     Between 17 and 30 June 1999, tenders submitted              if the samples are taken on removal from storage. Where
under this invitation to tender shall not be admissible            the final result of sample analyses indicates a quality:
unless they are accompanied by a written undertaking to
export only on or after 1 July 1999. The tenders may not           (a) higher than that specified in the notice of invitation
be accompanied by applications for export licences                      to tender, the successful tenderer must accept the lot
submitted under Article 44 of Commission Regulation                     as established;
(EEC) No 3719/88 (1).
                                                                   (b) higher than the minimum characteristics laid down
                                                                        for intervention but below the quality described in the
                           Article 5                                    notice of invitation to tender, providing that the
1.     Notwithstanding Article 7(1) of Regulation (EEC)                 differences having regard to those criteria do not
No 2131/93, the time limit for submission of tenders in                 exceed the following limits:
respect of the first partial invitation to tender shall be 9             two kilograms per hectolitre as regards specific
a.m. (Brussels time) on 17 June 1999.                                       weight, which must not, however, be less than 72
2.     The time limit for submission of tenders in respect                  kg/hl,
of subsequent partial invitations to tender shall be 9 a.m.              one percentage point as regards moisture content,
(Brussels time) each Thursday thereafter.                                20 percentage points for the Hagberg falling
3.     The last partial invitation to tender shall be 9 a.m.                index,
(Brussels time) on 30 September 1999.                                    half a percentage point as regards impurities as
                                                                            specified in points B.2 and B.4 of the Annex to
4.     Tenders shall be lodged with the Swedish interven-                   Commission Regulation (EEC) No 689/92 (2) and
tion agency.
                                                                         half a percentage point as regards impurities as
                                                                            specified in point B.5 of the Annex to Regulation
                           Article 6                                        (EEC) No 689/92, the percentages admissible for
                                                                            noxious grains and ergot, however, remaining
In the case of tenders submitted between 17 and 30 June                     unchanged,
1999, the following conditions shall apply:
 notwithstanding the first paragraph of Article 16 of                 the successful tenderer must accept the lot as estab-
     Regulation (EEC) No 2131/93, the cereals must be                  lished;
     paid for by 31 July 1999, at the latest.                      (c) higher than the minimum characteristics laid down
 notwithstanding the third paragraph of Article 16 of                  for intervention but below the quality described in the
     Regulation (EEC) No 2131/93, the price to be paid for              notice of invitation to tender, and a difference
     the export shall be that indicated in the tender.                  exceeding the limits set out in point (b), the successful
                                                                        tenderer may:
                           Article 7                                     accept the lot as established, or
In the case of licences applied for between 17 and 30                    refuse to take over the lot in question. The
June 1999, without prejudice to Article 17(3) of Regula-                    successful tenderer shall be discharged of all his
tion (EEC) No 2131/93, the security referred to in the                      obligations relating to the lot in question and the
second indent of Article 17(2) of that Regulation shall be                  securities shall be released only once he has
released only when proof is provided that the customs                       informed the Commission and the intervention
export formalities were completed on or after 1 July 1999.                  agency forthwith in accordance with Annex II;
                                                                            however, if he requests the intervention agency to
                                                                            supply him with another lot of intervention
                           Article 8
                                                                            common wheat of breadmaking quality of the
1.     The intervention agency, the storer and the                          quality laid down at no additional charge, the
successful tenderer shall, at the request of the latter and                 security shall not be released. The lot must be
by common agreement, either before or at the time of                        replaced within three days of the date of the
removal from storage as the successful tenderer chooses,                    successful tenderer’s request. The successful
take reference samples for counter-analysis at the rate of                  tenderer shall notify the Commission immediately
at least one sample for every 500 tonnes and shall analyse                  thereof in accordance with Annex II;
the samples. The intervention agency may be represented
                                                                   (d) below the minimum characteristics laid down for
by a proxy, provided this is not the storer.
                                                                        intervention, the successful tenderer may not remove
The analysis results shall be forwarded to the Commission               the lot in question. He shall be discharged of all his
in the event of a dispute.                                              obligations relating to the lot in question and the
                                                                        securities shall be released only once he has informed
Reference samples for counter-analysis shall be taken and               the Commission and the intervention agency forth-
analysed within seven working days of the date of the                   with in accordance with Annex II; however, he may
successful tenderer’s request or within three working days              request the intervention agency to supply him with
(1) OJ L 331, 2.12.1988, p. 1.                                     (2) OJ L 74, 20.3.1992, p. 18.
 ---pagebreak--- 16. 6. 1999           EN                  Official Journal of the European Communities                                  L 149/11
     another lot of intervention common wheat of bread-               Intervention common wheat of breadmaking quality
     making quality of the quality laid down at no addi-                 without application of refund or tax, Regulation (EC)
     tional charge. In that case, the security shall not be              No 1231/1999
     released. The lot must be replaced within three days
                                                                      Blé tendre d’intervention panifiable ne donnant pas
     of the date of the successful tenderer’s request. The
                                                                         lieu à restitution ni taxe, règlement (CE) no 1231/1999
     successful tenderer shall immediately inform the
     Commission thereof in accordance with Annex II.                  Frumento tenero d’intervento panificabile senza appli-
                                                                         cazione di restituzione né di tassa, regolamento (CE) n.
                                                                         1231/1999
2.     However, if the common wheat of breadmaking
                                                                      Zachte tarwe van bakkwaliteit uit interventie, zonder
quality is removed before the results of the analyses are
                                                                         toepassing van restitutie of belasting, Verordening
known, all risks shall be borne by the successful tenderer
                                                                         (EG) nr. 1231/1999
from the time the lot is removed, without prejudice to any
means of redress of which he may avail himself against                Trigo mole panificável de intervenção sem aplicação
the storer.                                                              de uma restituição ou imposição, Regulamento (CE)
                                                                         n.o 1231/1999
                                                                      Interventioleipävehnää, johon ei sovelleta vientitukea
3.     If, as a result of successive replacements, the
                                                                         eikä vientimaksua, asetus (EY) n:o 1231/1999
successful tenderer has not received a replacement lot of
the quality laid down within one month of the date of his             Interventionsvete, av brödkvalitet, utan tillämpning av
request for a replacement, he shall be discharged of all his             bidrag eller avgift, förordning (EG) nr 1231/1999
obligations and the securities shall be released once he
has informed the Commission and the intervention
agency forthwith in accordance with Annex II.
                                                                                               Article 10
4.     Except where the final results of analyses indicate a
quality below the minimum characteristics laid down for              1.    The security lodgement pursuant to Article 13(4) of
intervention, the costs of taking the samples and                    Regulation (EEC) No 2131/93 must be released once the
conducting the analyses provided for in paragraph 1 but              export licences have been issued to the successful
not of inter-bin transfers shall be borne by the European            tenderers.
Agricultural Guidance and Guarantee Fund (EAGGF) in
respect of up to one analysis per 500 tonnes. The costs of           2.    Notwithstanding Article 17 of Regulation (EEC) No
inter-bin transfers and any additional analyses requested            2131/93, the obligation to export shall be covered by a
by the successful tenderer shall be borne by him.                    security equal to the difference between the intervention
                                                                     price applying on the day of the award and the price
                                                                     awarded but not less than EUR 10 per tonne. Half of the
                                                                     security shall be lodged when the licence is issued and
                                                                     the balance shall be lodged before the cereals are
                           Article 9                                 removed.
By derogation from Article 12 of Commission Regulation               Notwithstanding Article 15(2) of Regulation (EEC) No
(EEC) No 3002/92 (1) the documents relating to the sale              3002/92:
of wheat of breadmaking quality in accordance with this
Regulation, and in particular the export licence, the                 the part of the security lodged when the licence is
removal order referred to in Article 3(1)(b) of Regulation               issued must be released within 20 working days of the
(EEC) No 3002/92, the export declaration and, where                      date on which the successful tenderer provides proof
necessary, the T5 copy shall carry the entry:                            that the cereals removed have left the customs terri-
                                                                         tory of the Community,
 Trigo blando panificable de intervención sin aplica-                the remainder must be released within 15 working
     ción de restitución ni gravamen, Reglamento (CE) no                 days of the date on which the successful tenderer
     1231/1999                                                           provides the proof referred to in Article 17(3) of Regu-
                                                                         lation (EEC) No 2131/93.
 Bageegnet blød hvede fra intervention uden restitu-
     tionsydelse eller -afgift, forordning (EF) nr. 1231/1999
                                                                     3.    Except in duly substantiated exceptional cases, in
 Interventions-Brotweichweizen ohne Anwendung von                   particular the opening of an administrative enquiry, any
     Ausfuhrerstattungen oder Ausfuhrabgaben, Verord-                release of the securities provided for in this Article after
     nung (EG) Nr. 1231/1999                                         the time limits specified in this same Article shall confer
 Μαλακ αρτοποι σιµο στο παρµβαση χωρ εφαρ-                 an entitlement to compensation from the Member State
     µογ επιστροφ  φρου, κανονισµ (ΕΚ) αριθ. 1231/               amounting to EUR 0,015 per 10 tonnes for each day’s
     1999                                                            delay.
(1) OJ L 301, 17.10.1992, p. 17.                                     This compensation shall not be charged to the EAGGF.
 ---pagebreak--- L 149/12     EN                Official Journal of the European Communities                           16. 6. 1999
                                                  Article 11
         Within two hours of the expiry of the time limit for the submission of tenders, the Swedish
         intervention agency shall notify the Commission of tenders received. Such notification
         shall be made using the model set out in Annex III and the telex or fax numbers set out in
         Annex IV.
                                                  Article 12
         This Regulation shall enter into force on the day of its publication 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, 15 June 1999.
                                                                     For the Commission
                                                                        Franz FISCHLER
                                                                 Member of the Commission
 ---pagebreak--- 16. 6. 1999    EN                  Official Journal of the European Communities                           L 149/13
                                                           ANNEX I
                                                                                         (tonnes)
                                           Place of storage                   Quantity
                            Djurön                                              1 575
                            Gullspång                                           6 339
                            Holmsund                                            2 746
                            Otterbäcken                                         9 250
                            Skänninge                                           6 082
                            Surte                                               9 121
                                                          ANNEX II
            Communication of refusal of lots under the standing invitation to tender for the export of
              common wheat of breadmaking quality held by the Swedish intervention agency
                                    (Article 8(1) of Regulation (EC) No 1231/1999)
             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
                                                               unimpaired quality
                                                              Other
 ---pagebreak--- L 149/14       EN                    Official Journal of the European Communities                                        16. 6. 1999
                                                           ANNEX III
         Standing invitation to tender for the export of common wheat of breadmaking quality held
                                            by the Swedish intervention agency
                                                 (Regulation (EC) No 1231/1999)
                 1                2                3                4              5              6               7
                                                                            Price increases
                                                                                (+) or
                                                              Offer price                    Commercial
                            Consignment       Quantity                        reductions
             Tender No                                       (EUR/tonne)                        costs        Destination
                                 No            (tonnes)                           (–)
                                                                   (1)                       (EUR/tonne)
                                                                             (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 VI-C-1):
          fax:                          296 49 56,
                                         295 25 15,
          telex:                        22037 AGREC B,
                                         22070 AGREC B (Greek characters).