CELEX: 31996R1949
Language: en
Date: 1996-10-09 00:00:00
Title: COMMISSION REGULATION (EC) No 1949/96 of 9 October 1996 opening a standing invitation to tender for the export of barley held by the Finnish intervention agency

No L 257/ 16      PEN                 Official Journal of the European Communities                                 10 . 10 . 96
                                       COMMISSION REGULATION (EC) No 1949/96
                                                       of 9 October 1 996
                   opening a standing invitation to tender for the export of barley held by the
                                                  Finnish intervention agency
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                                  Article 2
   Having regard to the Treaty establishing the European             1.     The invitation to tender shall cover a maximum of
  Community,                                                         40 000 tonnes of barley for export to third countries.
                                                                     2.     The regions in which the 40 000 tonnes of barley
  Having regard to Council Regulation (EEC) No 1766/92               are stored are set out in Annex I.
  of 30 June 1992 on the common organization of the
  market in cereals ('), as last amended by Commission
  Regulation (EC) No 923/96 (2), and in particular Article 5                                   Article 3
  thereof,
                                                                     1.     Notwithstanding the third paragraph of Article 16 of
  Whereas Commission Regulation (EEC) No 2131 /93 (3),               Regulation (EEC) No 2131 /93, the price to be paid for the
  as amended by Regulation (EC) No 1 20/94 (4), lays down           export shall be that quoted in the tender.
  the procedure and conditions for the disposal of cereals
  held by intervention agencies;                                    2.      No export refund or tax or monthly increase shall
                                                                    be granted on exports carried out pursuant to this Regula­
                                                                    tion .
  Whereas, given the current market situation, a standing
  invitation to tender should be opened for the export of
                                                                    3 . Article 8 (2) of Regulation (EEC) No 2131 /93 shall
  40 000 tonnes of barley held by the Finnish intervention
                                                                    not apply.
  agency;
 Whereas special procedures must be laid down to ensure                                       Article 4
 that the operations and their monitoring are properly
 effected; whereas, to that end, provision should be made           1 . The export licences shall be valid from their date of
 for a security lodgement scheme which ensures that aims            issue within the meaning of Article 9 of Regulation (EEC)
 are met while avoiding excessive costs for the operators;          No 2131 /93 until the end of the fourth month thereafter.
 whereas derogations should accordingly be made to
 certain rules, in particular those laid down in Regulation         2. Tenders submitted in response to this invitation to
 (EEC) No 2131 /93;                                                 tender may not be accompanied by export licence appli­
                                                                    cations submitted pursuant to Article 44 of Commission
 Whereas, where removal of the barley is delayed by more            Regulation (EEC) No 3719/88 0.
 than five days or the release of one of the securities
 required is delayed for reasons imputable to the interven­                                   Article 5
 tion agency the Member State concerned must pay
 compensation;                                                      1.     Notwithstanding Article 7 ( 1 ) of Regulation (EEC)
                                                                    No 2131 /93, the time limit for submission of tenders in
 Whereas the measures provided for in this Regulation are          respect of the first partial invitation to tender shall be 9
 in accordance with the opinion of the Management                  a.m. (Brussels time) on 17 October 1996.
 Committee for Cereals,
                                                                   2. The time limit for submission of tenders in respect
                                                                   of subsequent partial invitations to tender shall be 9 a.m.
                                                                   (Brussels time) each Thursday thereafter.
 HAS ADOPTED THIS REGULATION :
                                                                   3 . The last partial invitation to tender shall be 9 a.m.
                                                                   (Brussels time) on 29 May 1997.
                           Article 1                               4. Tenders shall be lodged with the Finnish interven­
                                                                   tion agency.
 Subject to the provisions of this Regulation the Finnish
intervention agency issues a standing invitation to tender                                    Article 6
for the export of barley held by it in accordance with
Regulation (EEC) No 2131 /93 .                                     1.      The  intervention   agency,   the  storer  and    the
                                                                  successful tenderer shall, at the request of the latter and
(') OJ No L 181 , 1 . 7. 1992, p. 21 .                            by common agreement, either before or at the time of
(2) OJ No L 126, 24. 5. 1996, p. 37.
(3) OJ No L 191 , 31 . 7. 1993, p. 76.
0 OJ No L 21 , 26. 1 . 1994, p. 1 .                               (5) OJ No L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak---    10. 10 . 96          | EN I             Official Journal of the European Communities                               No L 257/ 17
  removal from storage as the successful tenderer chooses,                      however, if he requests the intervention agency to
  take reference samples for counter-analysis at the rate of                    supply him with another lot of intervention barley
  at least one sample for every 500 tonnes and shall analyze                    of the quality laid down at no additional charge,
  the samples. The intervention agency may be represented                       the security shall not be released. The lot must be
  by a proxy, provided this is not the storer.                                  replaced within three days of the date of the
                                                                                successful tenderer's request. The successful
                                                                                tenderer shall notify the Commission immediately
 The analysis results shall be forwarded to the Commission                      thereof in accordance with Annex II;
  in the event of a dispute.
 Reference samples for counter-analysis shall be taken and            (d) below the minimum characteristics laid down for
 analyzed within seven working days of the date of the                     intervention, the successful tenderer may not remove
 successful tenderer's request or within three working days                the lot in question. He shall be discharged of all his
 if the samples are taken on removal from storage. Where                   obligations relating to the lot in question and the
 the final result of sample analyses indicates a quality:                  securities shall be released only once he has informed
                                                                           the Commission and the intervention agency forth­
                                                                           with in accordance with Annex II; however, he may
 (a) higher than that specified in the notice of invitation to             request the intervention agency to supply him with
       tender, the successful tenderer must accept the lot as              another lot of intervention barley of the quality laid
       established;                                                        down at no additional charge . In that case, the security
                                                                           shall not be released. The lot must be replaced within
                                                                           three days of the date of the successful tenderer's
 (b) higher than the minimum characteristics laid down                     request. The successful tenderer shall immediately
       for intervention but below the quality described in the             inform the Commission thereof in accordance with
       notice of invitation to tender, providing that the diffe­           Annex II .
       rences having regard to those criteria do not exceed
       the following limits:
                                                                     2. However, if the barley is removed before the results
      — two kilograms per hectolitre as regards specific             of the analyses are known, all risks shall be borne by the
            weight, which must not, however, be less than 60         successful tenderer from the time the lot is removed,
            kg/hi,                                                   without prejudice to any means of redress of which he
                                                                     may avail himself against the storer.
      — one percentage point as regards moisture content,
      — half a percentage point as regards impurities as             3 . If, as a result of successive replacements, the
            specified in points B.2 and B.4 of the Annex to          successful tenderer has not received a replacement lot of
            Commission Regulation (EEC) No 689/92 ('), and           the quality laid down within one month of the date of his
                                                                     request for a replacement, he shall be discharged of all his
      — half a percentage point as regards impurities as             obligations and the securities shall be released once he
           specified in point B.5 of the Annex to Regulation         has     informed    the  Commission     and  the  intervention
           (EEC) No 689/92, the percentages admissible for           agency forthwith in accordance with Annex II.
           noxious grains and ergot, however, remaining
           unchanged,
                                                                     4. Except where the final results of analyses indicate a
                                                                     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 con­
      lished;                                                        ducting the analyses provided for in paragraph 1 but not
                                                                     of inter-bin transfers shall be borne by the EAGGF in
(c) higher than the minimum characteristics laid down                respect of up to one analysis per 500 tonnes. The costs of
      for intervention but below the quality described in the        inter-bin transfers and any additional analyses requested
      notice of invitation to tender, and a difference ex­          by the successful tenderer shall be borne by him .
      ceeding 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       By derogation from Article 12 of Regulation (EEC) No
           obligations relating to the lot in question and the      3002/92, the documents relating to the sale of barley in
           securities shall be released only once he has            accordance with this Regulation, and in particular the
           informed the Commission and the intervention
                                                                    export licence, the removal order referred to in Article 3
          agency forthwith in accordance with Annex II;             ( 1 ) (b) of Regulation (EEC) No 3002/92, the export decla­
                                                                    ration and, where necessary, the T5 copy shall carry the
(') OJ No L 74, 20. 3. 1992, p. 18 .                                entry:
 ---pagebreak---   No L 257/ 18           EN              Official Journal of the European Communities                                  10 . 10 . 96
  — Cebada de intervención sin aplicación de restitución              Article 15 (2) of Commission Regulation (EEC) No
        ni gravamen, Reglamento (CE) n° 1949/96                       3002/92 (') notwithstanding:
  — Byg fra intervention uden restitutionsydelse eller                — the amount of ECU 30 per tonne must be released
       -afgift, forordning (EF) nr. 1949/96                               within 20 working days of the date on which the
  — Interventionsgerste ohne Anwendung von Ausfuhrer­                     successful tenderer supplies proof that the barley
       stattungen oder Ausfuhrabgaben, Verordnung (EG)                    removed has left the customs territory of the Commu­
       Nr. 1949 /96                                                      nity,
 — Κριθή παρέμβασης χωρίς εφαρμογή επιστροφής ή                      — the amount of ECU 20 per tonne must be released
       φόρου, κανονισμός (ΕΚ) αριθ. 1949/96                              within 15 working days of the date on which the
 —     Intervention barley without application of refund or              successful tenderer supplies proof of entry for
       tax, Regulation (EC) No 1949/96                                   consumption into a third country. This proof shall be
 —     Orge d intervention ne donnant pas lieu à restitution             supplied in accordance with Articles 18 and 47 of
       ni taxe, règlement (CE) n0 1949/96                                Commission Regulation (EEC) No 3665/87 (2).
 —     Orzo d intervento senza applicazione di restituzione          3 . Except in duly substantiated exceptional cases, in
       né di tassa, regolamento (CE) n . 1949/96                     particular the opening of an administrative enquiry, any
 —     Gerst uit interventie, zonder toepassing van restitutie       release of the securities provided for in this Article after
       of belasting, Verordening (EG) nr. 1949/96                    the time limits specified in this same Article shall confer
                                                                    an entitlement to compensation from the Member State
 —     Cevada de intervenção sem aplicação de uma restitui­         amounting to ECU 0,015 per 10 tonnes for each day's
      ção ou imposição, Regulamento (CE) n ? 1949/96                delay.
 —     Interventio-ohraa, johon ei sovelleta vientitukea eikä
      vientimaksua, asetus (EY) N:o 1949/96                         This compensation shall not be charged to the European
—     Interventionskorn, utan tillämpning av bidrag eller
                                                                    Agricultural Guidance and Guarantee Fund (EAGGF).
      avgift, förordning (EG) nr 1949/96.
                                                                                              Article 9
                             Article 8                              Within two hours of the expiry of the time limit for the
                                                                    submission of tenders, the Finnish intervention agency
 1 . The security lodgement pursuant to Article 13 (4) of           shall notify the Commission of tenders received . Such
Regulation (EEC) No 2131 /93 must be released once the              notification shall be made using the model set out in
export licences have been issued to the successful tende­           Annex III and the telex or fax numbers set out in Annex
rers .                                                              IV.
2. The obligation to export to the third countries shall                                      Article 10
be covered by a security amounting to ECU 50 per tonne
of which ECU 30 per tonne shall be lodged when the                 This Regulation shall enter into force on the day of its
export licence is issued, with the balance of ECU 20 per            publication in the Official Journal of the European
tonne being lodged before removal of the cereals.                   Communities.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels, 9 October 1996 .
                                                                              For the Commission
                                                                                 Franz FISCHLER
                                                                         Member of the Commission
                                                                  O ) OJ No L 301 , 17. 10 . 1992, p. 17.
                                                                  (2) OJ No L 351 , 14. 12. 1987, p. 1 .
 ---pagebreak--- 10 . 10 . 96    EN                  Official Journal of the European Communities                                 No L 257/ 19
                                                            ANNEX I
                                                                                             (tonnes)
                                             Place of storage                     Quantity
                              Helsinki                                              7 237
                              Iisalmi                                               6 680
                              Koria                                                11 553
                             Mustio                                                 5 160
                             Vainikkala                                             9313
                                                           ANNEX II
             Communication of refusal of lots under the standing invitation to tender for the export of
                                    barley held by the Finnish intervention agency
                                       (Article 6 ( 1 ) of Regulation (EC) No 1949/96)
             — 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 basic cereal of unimpaired
                                                              quality
                                                           — Other
 ---pagebreak--- No L 257/20     rENl                   Official Journal of the European Communities                                          10 . 10 . 96
                                                              ANNEX III
             Standing invitation to tender for the export of barley held by the Finnish intervention
                                                                 agency
                                                     (Regulation (EC) No 1949/96)
                     1               2                3              4                5             6                 7
                                                                              Price increases
                                                                                  ( + ) or
                                                  Quantity      Offer price     reductions
                                                                                               Commercial
                 Tender        Consignment                     (ECU/tonne)                        costs          Destination
                    No              No            (tonnes)           C)
                                                                                    (-)        (ECU/tonne)
                                                                               (ECU/tonne)
                                                                                    p.m .
                     1
                    2
                    3
                   etc.
            (') 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 )
            — telex :                22037 AGREC B,
                                     22070 AGREC B (Greek characters);
            — fax:                   296 49 56,
                                     295 25 1 5 .