CELEX: 32000R2023
Language: en
Date: 2000-09-26
Title: Commission Regulation (EC) No 2023/2000 of 26 September 2000 opening a standing invitation to tender for the export of barley held by the Belgian intervention agency

L 242/4                 EN                    Official Journal of the European Communities                                       27.9.2000
                                         COMMISSION REGULATION (EC) No 2023/2000
                                                          of 26 September 2000
               opening a standing invitation to tender for the export of barley held by the Belgian intervention
                                                                   agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                              2.     The regions in which the 38 224 tonnes of barley are
                                                                         stored are set out in 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 Commission Regulation (EC) No            Regulation (EEC) No 2131/93, the price to be paid for the
1666/2000 (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 1630/2000 (4), lays                3.     Article 8(2) of Regulation (EEC) No 2131/93 shall not
        down the procedure and conditions for the disposal of            apply.
        cereals held by intervention agencies.
(2)     Given the current market situation, a standing invitation                                      Article 4
        to tender should be opened for the export of 38 224
        tonnes of barley held by the Belgian intervention agency.        1.     The export licences shall be valid from their date of issue
                                                                         within the meaning of Article 9 of Regulation (EEC) No 2131/
(3)     Special procedures must be laid down to ensure that the          93 until the end of the fourth month thereafter.
        operations and their monitoring are properly effected.
        To that end, provision should be made for a security             2.     Tenders submitted in response to this invitation to tender
        lodgement scheme which ensures that aims are met                 may not be accompanied by export licence applications
        while avoiding excessive costs for the operators. Deroga-        submitted pursuant to Article 44 of Commission Regulation
        tions should accordingly be made to certain rules, in            (EEC) No 3719/88 (5).
        particular those laid down in Regulation (EEC) No 2131/
        93.
                                                                                                       Article 5
(4)     Where removal of the barley is delayed by more than
        five days or the release of one of the securities required       1.     Notwithstanding Article 7(1) of Regulation (EEC) No
        is delayed for reasons imputable to the intervention             2131/93, the time limit for submission of tenders in respect of
        agency the Member State concerned must pay                       the first partial invitation to tender shall be 9 a.m. (Brussels
        compensation.                                                    time) on 28 September 2000.
(5)     The measures provided for in this Regulation are in              2.     The time limit for submission of tenders in respect of
        accordance with the opinion of the Management                    subsequent partial invitations to tender shall be 9 a.m. (Brussels
        Committee for Cereals,                                           time) each Thursday thereafter.
                                                                         3.     The last partial invitation to tender shall be 9 a.m. (Brus-
HAS ADOPTED THIS REGULATION:                                             sels time) on 17 May 2001.
                                                                         4.     Tenders shall be lodged with the Belgian intervention
                               Article 1                                 agency.
Subject to the provisions of this Regulation the Belgian inter-
vention agency issues a standing invitation to tender for the                                          Article 6
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 by common
                                                                         agreement, either before or at the time of removal from storage
                               Article 2                                 as the successful tenderer chooses, take reference samples for
                                                                         counter-analysis at the rate of at least one sample for every 500
1.     The invitation to tender shall cover a maximum of                 tonnes and shall analyse the samples. The intervention agency
38 224 tonnes of barley for export to third countries, with the          may be represented by a proxy, provided this is not the storer.
exception of the United States, Canada and Mexico.
                                                                         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  193,  29.7.2000, p. 1.
(3) OJ L  191,  31.7.1993, p. 76.
(4) OJ L  187,  26.7.2000, p. 24.                                        (5) OJ L 331, 2.12.1988, p. 1.
 ---pagebreak--- 27.9.2000              EN                      Official Journal of the European Communities                                        L 242/5
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                2.     However, if the barley is removed before the results of
result of sample analyses indicates a quality:                            the analyses are known, all risks shall be borne by the
                                                                          successful tenderer from the time the lot is removed, without
(a) higher than that specified in the notice of invitation to             prejudice to any means of redress of which he may avail
     tender, the successful tenderer must accept the lot as estab-        himself against the storer.
     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.
     — two kilograms per hectolitre as regards specific weight,
         which must not, however, be less than 60 kg/hl,                  4.     Except where the final results of analyses indicate a
                                                                          quality below the minimum characteristics laid down for inter-
     — one percentage point as regards moisture content,                  vention, the costs of taking the samples and conducting the
                                                                          analyses provided for in paragraph 1 but not of inter-bin
     — half a percentage point as regards impurities as speci-            transfers shall be borne by the European Agricultural Guidance
         fied in points B.2 and B.4 of the Annex to Commission            and Guarantee Fund (EAGGF) in respect of up to one analysis
         Regulation (EEC) No 689/92 (1), and                              per 500 tonnes. The costs of inter-bin transfers and any addi-
     — half a percentage point as regards impurities as speci-            tional analyses requested by the successful tenderer shall be
         fied in point B.5 of the Annex to Regulation (EEC) No            borne by him.
         689/92, the percentages admissible for noxious grains
         and ergot, however, remaining unchanged,
                                                                                                       Article 7
    the successful tenderer must accept the lot as established;
                                                                          By derogation from Article 12 of Commission Regulation (EEC)
                                                                          No 3002/92 (2), the documents relating to the sale of barley in
(c) higher than the minimum characteristics laid down for                 accordance with this Regulation, and in particular the export
     intervention but below the quality described in the notice           licence, the removal order referred to in Article 3(1)(b) of
     of invitation to tender, and a difference exceeding the limits       Regulation (EEC) No 3002/92, the export declaration and,
     set out in point (b), the successful tenderer may:                   where necessary, the T5 copy shall carry the entry:
     — accept the lot as established, or                                  — Cebada de intervención sin aplicación de restitución ni
                                                                              gravamen, Reglamento (CE) no 2023/2000
     — refuse to take over the lot in question. The successful
         tenderer shall be discharged of all his obligations              — Byg fra intervention uden restitutionsydelse eller -afgift,
         relating to the lot in question and the securities shall be          forordning (EF) nr. 2023/2000
         released only once he has informed the Commission                — Interventionsgerste ohne Anwendung von Ausfuhrerstat-
         and the intervention agency forthwith in accordance                  tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 2023/
         with Annex II; however, if he requests the intervention              2000
         agency to supply him with another lot of intervention
         barley of the quality laid down at no additional charge,         — Κριθή παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου, κανο-
         the security shall not be released. The lot must be                  νισµός (ΕΚ) αριθ. 2023/2000
         replaced within three days of the date of the successful         — Intervention barley without application of refund or tax,
         tenderer's request. The successful tenderer shall notify             Regulation (EC) No 2023/2000
         the Commission immediately thereof in accordance
                                                                          — Orge d'intervention ne donnant pas lieu à restitution ni
         with Annex II;
                                                                              taxe, règlement (CE) no 2023/2000
                                                                          — Orzo d'intervento senza applicazione di restituzione né di
(d) below the minimum characteristics laid down for interven-                 tassa, regolamento (CE) n. 2023/2000
     tion, the successful tenderer may not remove the lot in
     question. He shall be discharged of all his obligations              — Gerst uit interventie, zonder toepassing van restitutie of
     relating to the lot in question and the securities shall be              belasting, Verordening (EG) nr. 2023/2000
     released only once he has informed the Commission and                — Cevada de intervenção sem aplicação de uma restituição ou
     the intervention agency forthwith in accordance with                     imposição, Regulamento (CE) n.o 2023/2000
     Annex II; however, he may request the intervention agency
     to supply him with another lot of intervention barley of the         — Interventio-ohraa, johon ei sovelleta vientitukea eikä vienti-
     quality laid down at no additional charge. In that case, the             maksua, asetus (EY) N:o 2023/2000
     security shall not be released. The lot must be replaced             — Interventionskorn, utan tillämpning av bidrag eller avgift,
     within three days of the date of the successful tenderer's               förordning (EG) nr 2023/2000.
(1) OJ L 74, 20.3.1992, p. 18.                                            (2) OJ L 301, 17.10.1992, p. 17.
 ---pagebreak--- L 242/6              EN                     Official Journal of the European Communities                                      27.9.2000
                            Article 8                                  — the remainder must be released within 15 working days of
                                                                           the date on which the successful tenderer provides the
1.    The security lodgement pursuant to Article 13(4) of                  proof referred to in Article 18 of Regulation (EEC) No
Regulation (EEC) No 2131/93 must be released once the export               3665/87.
licences have been issued to the successful tenderers.
                                                                       3.    Except in duly substantiated exceptional cases, in partic-
2.    Notwithstanding Article 17 of Regulation (EEC) No                ular the opening of an administrative enquiry, any release of
2131/93, the obligation to export shall be covered by a                the securities provided for in this Article after the time limits
security equal to the difference between the intervention price        specified in this same Article shall confer an entitlement to
applying on the day of the award and the price awarded but             compensation from the Member State amounting to
not less than EUR 10 per tonne. Half of the security shall be          EUR 0,015 per 10 tonnes for each day's delay.
lodged when the licence is issued and the balance shall be             This compensation shall not be charged to the EAGGF.
lodged before the cereals are removed.
                                                                                                   Article 9
Notwithstanding Article 15(2) of Regulation (EEC) No 3002/
92:                                                                    Within two hours of the expiry of the time limit for the
                                                                       submission of tenders, the Belgian intervention agency shall
— the part of the security lodged when the licence is issued           notify the Commission of tenders received. Such notification
    must be released within 20 working days of the date on             shall be made using the model set out in Annex III and the
    which the successful tenderer provides proof that the              telex or fax numbers set out in Annex IV.
    cereals removed have left the customs territory of the
    Community.
                                                                                                  Article 10
Notwithstanding Article 17(3) of Regulation (EEC) No 2131/             This Regulation shall enter into force on the day of its publica-
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, 26 September 2000.
                                                                                    For the Commission
                                                                                      Franz FISCHLER
                                                                                Member of the Commission
 ---pagebreak--- 27.9.2000       EN                          Official Journal of the European Communities                                           L 242/7
                                                                     ANNEX I
                                                                                                    (tonnes)
                                                   Place of storage                      Quantity
                                Hainaut                                                  26 848
                                Liège                                                    11 376
                                                                    ANNEX II
          Communication of refusal of lots under the standing invitation to tender for the export of barley held by the
                                                       Belgian intervention agency
                                            (Article 6(1) of Regulation (EC) No 2023/2000)
          — Name of successful tenderer:
          — Date of award of contract:
          — Date of refusal of lot by successful tenderer:
                                   Quantity                  Address
              Lot No                                                                    Reason for refusal to take over
                                  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 242/8           EN                            Official Journal of the European Communities                                           27.9.2000
                                                                       ANNEX III
                Standing invitation to tender for the export of barley held by the Belgian intervention agency
                                                          (Regulation (EC) No 2023/2000)
                  1                  2                   3                   4                  5                6              7
                                                                                        Price increases
                                                                                             (+) or
                                                                        Offer price
                                Consignment          Quantity                             reductions      Commercial costs
             Tender No                                                 (EUR/tonne)                                         Destination
                                    No               (tonnes)                                  (–)          (EUR/tonne)
                                                                            (1)
                                                                                         (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 AGRI (C/1):
        — fax                        02 296 49 56,
                                     02 295 25 15;
        — telex                      22037 AGREC B,
                                     22070 AGREC B (Greek characters).