CELEX: 31996R0094
Language: en
Date: 1996-01-23 00:00:00
Title: COMMISSION REGULATION (EC) No 94/96 of 23 January 1996 on the opening of a standing invitation to tender for 80 000 tonnes of rye held by the Danish intervention agency for processing in Spain

No L 18/6           HenI                Official Journal of the European Communities                                 24. 1 . 96
                                       COMMISSION REGULATION (EC) No 94/96
                                                      of 23 January 1996
                  on the opening of a standing invitation to tender for 80 000 tonnes of rye held by
                               the Danish intervention agency for processing in Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European
Community,                                                                                   Article 1
Having regard to Council Regulation (EEC) No 1766/92              1 . Notwithstanding Commission Regulation (EEC) No
of 30 June 1992 on the common organization of the                 21 31 /93 (*), the Danish intervention agency shall organize
market in cereals ('), as last amended by Regulation (EC)         a standing invitation to tender under the conditions laid
No 1863/95 (2), and in particular Article 5 thereof,              down hereunder for 80 000 tonnes of rye it holds with a
                                                                  view to processing in Spain .
Whereas the drought affecting Spain in recent months
has resulted in a shortage of fodder, which may induce            2.     The regions where the 80 000 tonnes of rye are
                                                                  stored are set out in Annex I.
stockfarmers to sell their livestock early, thereby adversely
affecting their incomes ;
                                                                                             Article 2
Whereas that shortage may be made good by making
80 000 tonnes of rye available to Spanish stockfarmers ;
whereas, for its part, the Spanish intervention agency does       1 . In the notice of invitation to tender provided for in
not have fodder grain available ; whereas such Commu­             Article 5, the intervention agency shall specify for each
nity grain is available at the Danish intervention agency ;       lot the port or place of exit which may be accessed at the
                                                                  lowest transport costs and which has adequate technical
                                                                  facilities for dispatching the cereals put up for tender.
Whereas, given the current market situation, a standing
invitation to tender should be opened for 80 000 tonnes
of rye held by the Danish intervention agency for                 2. The lowest transport costs between the place of
compulsory dispatch to Spain ;                                    storage and the place of loading at the port or place of
                                                                  exit referred to in paragraph 1 shall be reimbursed to the
                                                                  successful tenderer by the intervention agency in respect
Whereas the aim of the measures can only be achieved if           of the quantities delivered.
the minimum price laid down under the invitation to
tender takes account of the forwarding costs between
Denmark and Spain but does not disturb the Spanish
domestic market ; whereas, under these circumstances, the                                    Article 3
most appropriate procedure is that followed for exports of
cereals to third countries ; whereas a special system,
                                                                  Tenders shall be deemed to relate to cereals delivered to,
combining certain rules on resale on the internal market
and those on exports, should therefore be laid down ;             but not unloaded at, the ports or places of exit referred to
                                                                  in Article 2.
Whereas, as regards proof of processing in Spain,
Commission Regulation (EEC) No 3002/92 of 16 October
                                                                                             Article 4
 1992 laying down common detailed rules for verifying the
use and/or destination of products from intervention (3), as
last amended by Regulation (EEC) No 1938/93 (4), should           When each closing date for the submission of tenders has
apply ;                                                           expired, the Member State concerned shall forward to the
                                                                  Commission a list of tenders, without names, showing in
                                                                  each case in particular the quantity, the price and the
Whereas the measures provided for in this Regulation are          price increases or reductions applying thereto. In
in accordance with the opinion of the Management                  accordance with the procedure laid down in Article 23 of
Committee for Cereals,
                                                                  Regulation (EEC) No 1766/92, the Commission shall fix
                                                                  the minimum selling price or shall decide to take no
(') OJ No L 181 , 1 . 7. 1992, p. 21 .                            action in respect of tenders received.
(A OJ No L 179, 29. 7. 1995, p. 1 .
0 OJ No L 301 , 17. 10. 1992, p. 17.
(4) OJ No L 176, 20. 7. 1993, p. 12.                              n OJ No L 191 , 31 . 7. 1993, p. 76.
 ---pagebreak---  24. 1 . 96           EN                Official Journal of the European Communities                                No L 18/7
The minimum selling price shall be set at a level which           2.     The time limit for the submission of tenders in
 does not disturb the Spanish market.                             response to subsequent partial invitations to tender shall
                                                                  expire at 9 a.m. (Brussels time) each Thursday.
                            Article 5                             3 . The closing date for the last partial invitation to
                                                                  tender shall expire at 9 a.m. (Brussels time) on 28 March
                                                                   1996.
At least five days before the first closing date for the
submission of tenders, the Danish intervention agency             4.     Tenders must be submitted to the Danish interven­
shall publish a notice of invitation to tender setting out :      tion agency at the following address :
— supplementary terms and conditions of sale in                   EF-Direktoratet
     accordance with this Regulation,                             Nyropsgade 26
                                                                  DK- 1602 København V.
— the main physical and technical characteristics of the
     various lots as ascertained at the time of buying-in by      (Tel . 33 92 70 00, telefax 33 92 69 48, telex 15 137).
     the intervention agency or during checks conducted
     thereafter,                                                                             Article 8
— the places of storage and the names and addresses of            Not later than two hours after the expiry of the time limit
     the storers.                                                 for the submission of tenders, the Danish intervention
                                                                  agency shall notify the Commission of tenders received.
The notice and any amendments thereto shall be                    Such notifications shall be sent to the telex or telefax
forwarded to the Commission before the first closing date         numbers set out in Annex III, using the model set out in
for the submission of tenders .                                   Annex II .
The Danish intervention agency shall take all measures
                                                                                             Article 9
necessary to enable interested parties to assess the quality
of the cereals put up for sale before submitting their
tenders.                                                          The intervention agency shall immediately inform all
                                                                  tenderers of the outcome of their tenders. Within three
                                                                  working days of such notification, it shall forward state­
                            Article 6                             ments of award to the successful tenderers by registered
                                                                  letter or written telecommunication .
1 . Tenders shall refer to the standard quality defined in
Council Regulation (EEC) No 2731 /75 (').                                                   Article 10
Where the quality of the cereals does not comply with             Successful tenderers shall pay for the cereals before they
                                                                  are removed and at the latest within one month of the
the standard quality, the price of the tender accepted shall
be adjusted by applying price increases or reductions             date of forwarding of the statements referred to in Article
pursuant to Articles 4 and 5 of Regulation (EEC) No               9 . They shall bear all risks and storage costs in respect of
 1766/92.                                                         cereals not removed within the term of payment.
                                                                  Cereals covered by contracts awarded and not removed
2.     Tenders submitted may not be adjusted or with­
drawn .
                                                                  within the term of payment shall be deemed to all effects
                                                                  to have been removed on expiry of that term. In such
                                                                  cases, the tender price shall be adjusted by reference to
Tenders shall only be valid if they are accompanied by :          the quality specifications laid down in the notice of invi­
                                                                  tation to tender.
— proof that the tenderer has lodged a security of ECU
     20 per tonne,                                                Where the successful tenderer has not paid for the cereals
— proof that a contract of sale for delivery in Spain has         within the term laid down in the first paragraph, the
     been concluded, subject to award to the contract,            contract shall be cancelled by the intervention agency in
                                                                  respect of the quantities not paid for.
— a written undertaking by the tenderer that the cereals
     covered by the award will be processed in Spain by 30                                  Article 11
     June 1996 at the latest.
                                                                  Securities as referred to in Article 6 (2) shall be released
                                                                  where they cover quantities in respect of which :
                            Article 7
                                                                  — the tender has not been accepted,
1.     The time limit for the submission of tenders in
                                                                  — the selling price is paid within the term laid down
response to the first partial invitation to tender shall               and a security covering the difference between the
expire at 9 a.m. (Brussels time) on 1 February 1996.                   price accepted and the intervention price applying on
                                                                       the closing date for the submission of tenders, plus
(') OJ No L 281 , 1 . 11 . 1975, p. 22.                                ECU 30/tonne, has been lodged.
 ---pagebreak--- No L 18 /8            EN              Official Journal of the European Communities                             24. 1 . 96
                          Article 12                             — Destinados a la transformación [Reglamento (CE) n°
                                                                    94/961
1.    Securities as referred to in the second indent of          — Til forarbejdning (forordning (EF) nr. 94/96)
Article 1 1 shall be released where they cover quantities in     — Zur Verarbeitung bestimmt (Verordnung (EG) Nr.
respect of which the tenderers provide proof that the               94/96)
product :                                                        — Προορίζονται για μεταποίηση [Κανονισμός (ΕΚ)
— has been processed in Spain by 30 June 1996 at the                αριθ. 94/961
    latest, except in cases of force majeure, or                 — For processing (Regulation (EC) No 94/96)
— is no longer fit for human or animal consumption.              — Destinees a la transformation [règlement (CE) n0
                                                                    94/961
2. Proof that the cereals covered by this Regulation             — Destinate alla trasformazione [regolamento (CE) n .
have been processed in Spain shall be furnished in                  94/961
accordance with Regulation (EEC) No 3002/92.                     — Bestemd om te worden verwerkt (Verordening (EG) nr.
                                                                    94/96)
However, processing shall be deemed to have taken place          — Para transformação [Regulamento (CE) n? 94/96]
once the rye has been delivered to a store in Spain .            — Tarkoitettu jalostukseen [Asetus (EY) N:o 94/96]
                                                                 — För bearbetning (förordning (EG) nr 94/96).
                          Article 13
                                                                                        Article 14
In addition to the endorsements provided for in Regula­          This Regulation shall enter into force on the day of its
tion (EEC) No 3002/92, box 104 of the T5 control copy            publication in the Official Journal of the European
must bear one or more of the following :                         Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 23 January 1996.
                                                                          For the Commission
                                                                            Franz FISCHLER
                                                                      Member of the Commission
 ---pagebreak--- 24. 1 . 96  I EN I               Official Journal of the European Communities                                  No L 18/9
                                                        ANNEX I
                                                                                        (tonnes)
                                         Place of storage                  Quantity
                            Midt -og Nordjylland                            80 000
                                                       ANNEX II
           Standing invitation for the resale of 80 000 tonnes of rye held by the Danish intervention
                                            agency for dispatch to Spain
                                              (Regulation (EC) No 94/96)
                    1              2                 3             4                  5               6
                                                                               Price increase
                                                                                    (+)          Commercial
              Number of         Number          Quantity      Tender price     or reduction
                                                                                                    costs
                tenderer         of lot          (tonnes)     (ECU/tonne)           (-)
                                                                               (ECU/tonne)       (ECU/tonne)
                                                                                   (p.m .)
                    1
                    2
                    3
                   etc.
                                                       ANNEX III
           Only the following numbers in Brussels should be used (DG VI (C.1 ) Attention : Messrs Thibault and
           Brus) :
           — telex :            — 22037 AGREC B,
                                — 22070 AGREC B (Greek alphabet) ;
           — telefax :          — 295 01 32,
                                — 295 25 15,
                                — 296 10 97.