CELEX: 31997R2645
Language: en
Date: 1997-12-23 00:00:00
Title: COMMISSION REGULATION (EC) No 2645/97 of 23 December 1997 opening a standing invitation to tender for the export of maize held by the Austrian intervention agency

L 356/36               EN              Official Journal of the European Communities                                 31 . 12. 97
                                         COMMISSION REGULATION (EC) No 2645/97
                                                       of 23 December 1997
                        opening a standing invitation to tender for the export of maize held by the
                                                   Austrian intervention agency
    THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       for the export of maize held by it in accordance with
                                                                      Regulation (EEC) No 2131 /93.
    Having regard to the Treaty establishing the European
    Community,
    Having regard to Council Regulation (EEC) No 1766/92                                        Article 2
    of 30 June 1992 on the common organization of the
    market in cereals ('), as last amended by Commission              1.     The invitation to tender shall cover a maximum of
   Regulation (EC) No 923/96 (2), and in particular Article 5         51 283 tonnes of maize for export to Switzerland, Liech­
   thereof,                                                           tenstein, Slovenia, the Czech Republic and Slovakia.
   Whereas Commission Regulation (EEC) No 2131 /93 (3),
   as last amended by Regulation (EC) No 2193/96 (4), lays            2.    The regions in which the 51 283 tonnes of maize are
   down the procedure and conditions for the disposal of              stored are set out at Annex I.
   cereals held by intervention agencies;
   Whereas, given the current market situation, a standing                                      Article 3
   invitation to tender should be opened for the export of
   51 283 tonnes of maize held by the Austrian intervention
   agency;                                                            1 . Notwithstanding the third paragraph of Article 1 6 of
                                                                     Regulation (EEC) No 2131 /93, the price to be paid for the
  Whereas special procedures must be laid down to ensure             export shall be that quoted in the tender.
   that the operations and their monitoring are properly
  effected; whereas, to that end, provision should be made           2.     No export refund or tax or monthly increase shall
  for a security lodgement scheme which ensures that aims            be granted on exports carried out pursuant to this Regula­
  are met while avoiding excessive costs for the operators;          tion .
  whereas derogations should accordingly be made to
  certain rules, in particular those laid down in Regulation         3.     Article 8 (2) of Regulation (EEC) No 2131 /93 shall
  (EEC) No 2131 /93;                                                 not apply.
  Whereas, where removal of the maize is delayed by more
  than five days or the release of one of the securities             4.     In application of Article 7 (2a) of Regulation (EEC)
  required is delayed for reasons imputable to the interven­         No 2131 /93, the successful tenderer shall be reimbursed
  tion agency the Member State concerned must pay                    for the lowest transport costs between the place of storage
  compensation;                                                      and the actual place of exit.
  Whereas Article 7 (2a) of Regulation (EEC) No 2131 /93
  provides for the possibility of reimbursing the successful                                   Article 4
  tenderer for the lowest transport costs between the place
 of storage and the actual place of exit; whereas, in view of
 Austria's geographical position, that provision should be           1.     The export licences shall be valid from their date of
 applied;                                                           issue within the meaning of Article 9 of Regulation (EEC)
                                                                     No 2131 /93 until the end of the fourth month thereafter.
 Whereas the measures provided for in this Regulation are
 in accordance with the opinion of the Management                   2. Tenders submitted in response to this invitation to
 Committee for Cereals,                                             tender may not be accompanied by export licence appli­
                                                                    cations submitted pursuant to Article 44 of Commission
                                                                    Regulation (EEC) No 3719/88 (*).
 HAS ADOPTED THIS REGULATION:
                               Article 1                                                       Article 5
 Subject to the provisions of this Regulation the Austrian          1.      Notwithstanding Article 7 ( 1 ) of Regulation (EEC)
 intervention agency issues a standing invitation to tender         No 2131 /93, the time limit for submission of tenders in
                                                                    respect of the first partial invitation to tender shall be
(')  OJ  L  181 , 1 . 7. 1992, p. 21 .                              9 a.m. (Brussels time) on 8 January 1998 .
0    OJ  L  126,  24. 5. 1996, p. 37.
(J)  OJ  L  191 , 31 . 7. 1993, p. 76.
(4)  OJ  L  293,  16. 11 . 1996, p. 1 .                             0 OJ L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak---   31 . 12. 97         fEN ]             Official Journal of the European Communities                                  L 356/37
  2. The time limit for submission of tenders in respect               ceeding the limits set out in point (b), the successful
  of subsequent partial invitations to tender shall be 9 a.m .         tenderer may:
 (Brussels time) each Thursday thereafter.
                                                                      — accept the lot as established, or
  3 . The last partial invitation to tender shall be 9 a.m .
 (Brussels time) on 2 April 1998 .
                                                                      — refuse to take over the lot in question. The
 4.      Tenders shall be lodged with the Austrian interven­               successful tenderer shall be discharged of all his
                                                                           obligations relating to the lot in question and the
 tion agency.
                                                                           securities shall be released only once he has
                                                                           informed the Commission and the intervention
                                                                           agency forthwith in accordance with Annex II;
                            Article 6                                      however, if he requests the intervention agency to
                                                                           supply him with another lot of intervention maize
  1 . The intervention agency, the storer and the                          of the quality laid down at no additional charge,
                                                                           the security shall not be released. The lot must be
 successful tenderer shall, at the request of the latter and
                                                                           replaced within three days of the date of the
 by common agreement, either before or at the time of                      successful tenderer's request. The successful
 removal from storage as the successful tenderer chooses,
                                                                           tenderer shall notify the Commission immediately
 take reference samples for counter-analysis at the rate of                thereof in accordance with Annex II;
 at least one sample for every 500 tonnes and shall analyse
 the samples. The intervention agency may be represented
 by a proxy, provided this is not the storer.
                                                                  (d) below the minimum characteristics laid down for
                                                                      intervention, the successful tenderer may not remove
 The analyses results shall be forwarded to the Commis­
 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
                                                                      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
 if the samples are taken on removal from storage . Where             another lot of intervention maize of the quality laid
 the final result of sample analyses indicates a quality:             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 to        three days of the date of the successful tenderer's
      tender, the successful tenderer must accept the lot as          request. The successful tenderer shall immediately
      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 dif­     2.     However, if the maize is removed before the results
      ferences having regard to those criteria do not exceed      of the analyses are known, all risks shall be borne by the
      the following limits:                                       successful tenderer from the time the lot is removed,
                                                                  without prejudice to any means of redress of which he
      — one percentage point as regards moisture content,         may avail himself against the storer.
      — half a percentage point as regards impurities as
          specified in points B.2 and B.4 of the Annex to         3 . If, as a result of successive replacements, the
          Commission Regulation (EEC) No 689/92 ('), and          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 point B.5 of the Annex to Regulation       request for a replacement, he shall be discharged of all his
          (EEC) No 689/92, the percentages admissible for         obligations and the securities shall be released once he
                                                                  has   informed     the Commission     and   the intervention
          noxious grains and ergot, however, remaining
          unchanged,                                              agency forthwith in accordance with Annex II .
      the successful tenderer must accept the lot as estab­
      lished;                                                     4. Except where the final results of analyses indicate a
                                                                  quality below the minimum characteristics laid down for
                                                                  intervention, the costs of taking the samples and con­
(c) higher than the minimum characteristics laid down             ducting the analyses provided for in paragraph 1 but not
      for intervention but below the quality described in the     of inter-bin transfers shall be borne by the EAGGF in
      notice of invitation to tender, and a difference ex­        respect of up to one analysis per 500 tonnes . The costs of
                                                                  inter-bin transfers and any additional analyses requested
(') OJ L 74, 20. 3. 1992, p. 18.                                  by the successful tenderer shall be borne by him .
 ---pagebreak---  L 356/38             | EN I           Official Journal of the European Communities                               31 . 12. 97
                            Article 7                              2. The obligation to export to the third countries shall
                                                                   be covered by a security amounting to ECU 50 per tonne
 By derogation from Article 12 of Regulation (EEC) No              of which ECU 30 per tonne shall be lodged when the
3002/92, the documents relating to the sale of maize in            export licence is issued, with the balance of ECU 20 per
accordance with this Regulation, and in particular the             tonne being lodged before removal of the cereals.
export licence, the removal order referred to in Article 3
( 1 ) (b) of Regulation (EEC) No 3002/92, the export de­          Article 15 (2) of Commission Regulation (EEC) No
claration and, where necessary, the T5 copy shall carry the        3002/92 (') notwithstanding:
entry:                                                            — the amount of ECU 30 per tonne must be released
— Maíz de intervención sin aplicación de restitución ni               within 20 working days of the date on which the
      gravamen, Reglamento (CE) n° 2645/97                            successful tenderer supplies proof that the maize
                                                                      removed has left the customs territory of the Com­
— Majs fra intervention uden restitutionsydelse eller                 munity,
      -afgift, forordning (EF) nr. 2645/97
— Interventionsmais ohne Anwendung von Aus­                       — the amount of ECU 20 per tonne must be released
                                                                      within 15 working days of the date on which the
      fuhrerstattungen oder Ausfuhrabgaben, Verordnung
                                                                      successful tenderer supplies the proof referred to in
      (EG) Nr. 2645/97                                                Article 17(3) of Regulation (EEC) No 2131 /93 .
— Καλαμπόκι παρέμβασης χωρίς εφαρμογή επιστρο­
      φής ή φόρου, κανονισμός (ΕΚ) αριS. 2645/97                  3 . Except in duly substantiated exceptional cases, in
— Intervention maize without application of refund or             particular the opening of an administrative enquiry, any
      tax, Regulation (EC) No 2645/97                             release of the securities provided for in this Article after
                                                                  the time limits specified in this same Article shall confer
— Maïs d'intervention ne donnant pas lieu a restitution           an entitlement to compensation from the Member State
      ni taxe, règlement (CE) n0 2645/97                          amounting to ECU 0,015 per 10 tonnes for each day's
— Granturco d intervento senza applicazione di restitu­           delay.
      zione né di tassa, regolamento (CE) n. 2645/97
                                                                  This compensation shall not be charged to the European
— Maïs uit interventie, zonder toepassing van restitutie of       Agricultural Guidance and Guarantee Fund (EAGGF).
      belasting, Verordening (EG) nr. 2645/97
— Milho de intervenção sem aplicação de uma restituição                                     Article 9
      ou imposição, Regulamento (CE) n? 2645/97
— Interventiomaissi, johon ei sovelleta vientitukea eikä          Within two hours of the expiry of the time limit for the
      vientimaksua, asetus (EY) N:o 2645/97                       submission of tenders, the Austrian intervention agency
                                                                  shall notify the Commission of tenders received. Such
— Interventionsmajs, utan tillämpning av bidrag eller             notification shall be made using the model set out in
      avgift, förordning (EG) nr 2645/97.                         Annex III and the telex or fax numbers set out in Annex
                                                                  IV.
                            Article 8
                                                                                           Article 10
1.      The security lodgement pursuant to Article 13 (4) of
Regulation (EEC) No 2131 /93 must be released once the            This Regulation shall enter into force on the day of its
export licences have been issued to the successful ten­           publication in the Official Journal of the European
derers.                                                           Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 23 December 1997.
                                                                            For the Commission
                                                                              Franz FISCHLER
                                                                       Member of the Commission
                                                                 (') OJ L 301 , 17. 10. 1992, p. 17.
 ---pagebreak--- 31 . 12. 97   EN                  Official Journal of the European Communities                                  L 356/39
                                                          ANNEX I
                                                                                            (tonnes)
                                           Place of storage                      Quantity
                            Niederösterreich/northern       Burgenland            12 988
                            Steiermark/southern Burgenland                        29 775
                            Kärnten                                                8 520
                                                         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 2645/97)
            — 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
 ---pagebreak--- L 356/40       EN                   Official Journal of the European Communities                                         31 . 12. 97
                                                           ANNEX III
          Standing invitation to tender for the export of maize held by the Austrian intervention
                                                              agency
                                                 (Regulation (EC) No 2645/97)
                  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 15.