CELEX: 31998R1758
Language: en
Date: 1998-08-07 00:00:00
Title: Commission Regulation (EC) No 1758/98 of 7 August 1998 opening a standing invitation to tender for the export of common wheat of breadmaking quality held by the French intervention agency

8. 8. 98            ¬ EN ¬             Official Journal of the European Communities                                  L 221/3
                                    COMMISSION REGULATION (EC) No 1758/98
                                                     of 7 August 1998
                  opening a standing invitation to tender for the export of common wheat of
                             breadmaking quality held by the French 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,                                                       150 000 tonnes of common wheat of breadmaking quality
                                                                 for export to third countries.
Having regard to Council Regulation (EEC) No 1766/92
                                                                 2. The regions in which the 150 000 tonnes of
of 30 June 1992 on the common organisation of the
                                                                 common wheat of breadmaking quality are stored are set
market in cereals (1), as last amended by Commission
                                                                 out in Annex I.
Regulation (EC) No 923/96 (2), and in particular Article 5
thereof,
                                                                                           Article 3
Whereas Commission Regulation (EEC) No 2131/93 (3),
as last amended by Regulation (EC) No 2193/96 (4), lays          1. Notwithstanding the third paragraph of Article 16 of
down the procedure and conditions for the disposal of            Regulation (EEC) No 2131/93, the price to be paid for the
cereals held by intervention agencies;                           export shall be that quoted in the tender.
                                                                 2. No export refund or tax or monthly increase shall
Whereas, given the current market situation, a standing          be granted on exports carried out pursuant to this Regula-
invitation to tender should be opened for the export of          tion.
150 000 tonnes of common wheat of breadmaking quality
held by the French intervention agency;                          3. Article 8(2) of Regulation (EEC) No 2131/93 shall
                                                                 not apply.
Whereas special procedures must be laid down to ensure
that the operations and their monitoring are properly
                                                                                           Article 4
effected; whereas, to that end, provision should be made
for a security lodgement scheme which ensures that aims          1. The export licences shall be valid from their date of
are met while avoiding excessive costs for the operators;        issue within the meaning of Article 9 of Regulation (EEC)
whereas derogations should accordingly be made to                No 2131/93 until the end of the fourth month thereafter.
certain rules, in particular those laid down in Regulation
(EEC) No 2131/93;                                                2. Tenders submitted in response to this invitation to
                                                                 tender may not be accompanied by export licence ap-
Whereas, where removal of the common wheat of bread-             plications submitted pursuant to Article 44 of Commis-
making quality is delayed by more than five days or the          sion Regulation (EEC) No 3719/88 (5).
release of one of the securities required is delayed for
reasons imputable to the intervention agency the Member                                    Article 5
State concerned must pay compensation;
                                                                 1. Notwithstanding Article 7(1) of Regulation (EEC)
Whereas the measures provided for in this Regulation are         No 2131/93, the time limit for submission of tenders in
in accordance with the opinion of the Management                 respect of the first partial invitation to tender shall be 9
Committee for Cereals,                                           a.m. (Brussels time) on 13 August 1998.
                                                                 2. The time limit for submission of tenders in respect
                                                                 of subsequent partial invitations to tender shall be 9 a.m.
HAS ADOPTED THIS REGULATION:                                     (Brussels time) each Thursday thereafter.
                                                                 3. The last partial invitation to tender shall be 9 a.m.
                           Article 1                             (Brussels time) on 27 May 1999.
                                                                 4. Tenders shall be lodged with the French interven-
Subject to the provisions of this Regulation the French          tion agency.
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                                          Article 6
2131/93.                                                         1. The intervention agency, the storer and the
                                                                 successful tenderer shall, at the request of the latter and
(1) OJ L  181, 1. 7. 1992, p. 21.                                by common agreement, either before or at the time of
(2) OJ L  126, 24. 5. 1996, p. 37.
(3) OJ L  191, 31. 7. 1993, p. 76.
(4) OJ L  293, 16. 11. 1996, p. 1.                               (5) OJ L 331, 2. 12. 1988, p. 1.
 ---pagebreak--- L 221/4             ¬ EN ¬              Official Journal of the European Communities                                  8. 8. 98
removal from storage as the successful tenderer chooses,                   common wheat of breadmaking quality of the
take reference samples for counter-analysis at the rate of                 quality laid down at no additional charge, the
at least one sample for every 500 tonnes and shall analyse                 security shall not be released. The lot must be
the samples. The intervention agency may be represented                    replaced within three days of the date of the
by a proxy, provided this is not the storer.                               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.
                                                                  (d) below the minimum characteristics laid down for
Reference samples for counter-analysis shall be taken and              intervention, the successful tenderer may not remove
analysed within seven working days of the date of the                  the lot in question. He shall be discharged of all his
successful tenderer’s request or within three working days             obligations relating to the lot in question and the
if the samples are taken on removal from storage. Where                securities shall be released only once he has informed
the final result of sample analyses indicates a quality:               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 common wheat of bread-
     established;                                                      making quality of the quality laid down at no addi-
                                                                       tional charge. In that case, the security shall not be
(b) higher than the minimum characteristics laid down                  released. The lot must be replaced within three days
     for intervention but below the quality described in the           of the date of the successful tenderer’s request. The
     notice of invitation to tender, providing that the dif-           successful tenderer shall immediately inform the
     ferences having regard to those criteria do not exceed            Commission thereof in accordance with Annex II.
     the following limits:
                                                                  2. However, if the common wheat of breadmaking
     — two kilograms per hectolitre as regards specific
                                                                  quality is removed before the results of the analyses are
         weight, which must not, however, be less than 72
                                                                  known, all risks shall be borne by the successful tenderer
         kg/hl,
                                                                  from the time the lot is removed, without prejudice to any
     — one percentage point as regards moisture content,          means of redress of which he may avail himself against
                                                                  the storer.
     — 20 percentage points for the Hagberg falling
         index,
                                                                  3. If, as a result of successive replacements, the
     — half a percentage point as regards impurities as           successful tenderer has not received a replacement lot of
         specified in points B.2 and B.4 of the Annex to          the quality laid down within one month of the date of his
         Commission Regulation (EEC) No 689/92 (1), and           request for a replacement, he shall be discharged of all his
                                                                  obligations and the securities shall be released once he
     — half a percentage point as regards impurities as           has informed the Commission and the intervention
         specified in point B.5 of the Annex to Regulation        agency forthwith in accordance with Annex II.
         (EEC) No 689/92, the percentages admissible for
         noxious grains and ergot, however, remaining             4. Except where the final results of analyses indicate a
         unchanged,                                               quality below the minimum characteristics laid down for
                                                                  intervention, the costs of taking the samples and con-
     the successful tenderer must accept the lot as               ducting the analyses provided for in paragraph 1 but not
     established;                                                 of inter-bin transfers shall be borne by the European
                                                                  Agricultural Guidance and Guarantee Fund (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 Commission Regulation
         obligations relating to the lot in question and the      (EEC) No 3002/92 (2), the documents relating to the sale
         securities shall be released only once he has            of wheat of breadmaking quality in accordance with this
         informed the Commission and the intervention             Regulation, and in particular the export licence, the
         agency forthwith in accordance with Annex II;            removal order referred to in Article 3(1)(b) of Regulation
         however, if he requests the intervention agency to       (EEC) No 3002/92, the export declaration and, where
         supply him with another lot of intervention              necessary, the T5 copy shall carry the entry:
(1) OJ L 74, 20. 3. 1992, p. 18.                                  (2) OJ L 301, 17. 10. 1992, p. 17.
 ---pagebreak--- 8. 8. 98            ¬ EN ¬                Official Journal of the European Communities                                 L 221/5
— Trigo blando panificable de intervención sin aplica-              export licence is issued, with the balance of ECU 20 per
    ción de restitución ni gravamen, Reglamento (CE)                tonne being lodged before removal of the cereals.
    no 1758/98
— Bageegnet blød hvede fra intervention uden restitu-               Article 15(2) of Regulation (EEC) No 3002/92 notwith-
    tionsydelse eller -afgift, forordning (EF) nr. 1758/98          standing:
— Interventions-Brotweichweizen ohne Anwendung von                  — the amount of ECU 30 per tonne must be released
    Ausfuhrerstattungen oder Ausfuhrabgaben, Verord-                    within 20 working days of the date on which the
    nung (EG) Nr. 1758/98                                               successful tenderer supplies proof that the common
— Μαλακοr    Ä αρτοποιησιµοr
                           Ä        σÄιτοr παρεµβασηr
                                                Ä        χωρÄιr         wheat of breadmaking quality removed has left the
    εφαρµογηÄ επιστροφηr      Ä ηÄ φορου,
                                     Ä      κανονισµοr Ä (ΕΚ)           customs territory of the Community,
    αριθ. 1758/98
                                                                    — the amount of ECU 20 per tonne must be released
— Intervention common wheat of breadmaking quality                      within 15 working days of the date on which the
    without application of refund or tax, Regulation (EC)               successful tenderer supplies the proof referred to in
    No 1758/98                                                          Article 17(3) of Regulation (EEC) No 2131/93.
— Blé tendre d’intervention panifiable ne donnant pas
    lieu à restitution ni taxe, règlement (CE) no 1758/98           3. Except in duly substantiated exceptional cases, in
— Frumento tenero d’intervento panificabile senza appli-            particular the opening of an administrative enquiry, any
    cazione di restituzione né di tassa, regolamento (CE)           release of the securities provided for in this Article after
    n. 1758/98                                                      the time limits specified in this same Article shall confer
— Zachte tarwe van bakkwaliteit uit interventie, zonder             an entitlement to compensation from the Member State
    toepassing van restitutie of belasting, Verordening             amounting to ECU 0,015 per 10 tonnes for each day’s
    (EG) nr. 1758/98                                                delay.
— Trigo mole panificável de intervenção sem aplicação            This compensation shall not be charged to the EAGGF.
    de uma restituição ou imposição, Regulamento (CE)
    në 1758/98
— Interventioleipävehnää, johon ei sovelleta vientitukea                                      Article 9
    eikä vientimaksua, asetus (EY) N:o 1758/98
— Interventionsvete, av brödkvalitet, utan tillämpning av           Within two hours of the expiry of the time limit for the
    bidrag eller avgift, förordning (EG) nr 1758/98.                submission of tenders, the Fench intervention agency
                                                                    shall notify the Commission of tenders received. Such
                                                                    notification shall be made using the model set out in
                             Article 8
                                                                    Annex III and the telex or fax numbers set out in
1. The security lodgement pursuant to Article 13(4) of              Annex IV.
Regulation (EEC) No 2131/93 must be released once the
export licences have been issued to the successful
tenderers.                                                                                   Article 10
2. The obligation to export to the third countries shall            This Regulation shall enter into force on the day of its
be covered by a security amounting to ECU 50 per tonne              publication in the Official Journal of the European
of which ECU 30 per tonne shall be lodged when the                  Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 7 August 1998.
                                                                              For the Commission
                                                                            Monika WULF-MATHIES
                                                                         Member of the Commission
 ---pagebreak--- L 221/6  ¬ EN ¬               Official Journal of the European Communities                                  8. 8. 98
                                                      ANNEX I
                                                                                     (tonnes)
                                       Place of storage                    Quantity
                        Amiens                                             25 000
                        Châlons                                            15 000
                        Lille                                              40 000
                        Orléans                                            40 000
                        Paris                                              15 000
                        Rouen                                              15 000
                                                     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 French intervention agency
                                  (Article 6(1) of Regulation (EC) No 1758/98)
        — 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--- 8. 8. 98    ¬ EN ¬                 Official Journal of the European Communities                                          L 221/7
                                                          ANNEX III
         Standing invitation to tender for the export of common wheat of breadmaking quality held
                                            by the French intervention agency
                                                 (Regulation (EC) No 1758/98)
                 1               2                3               4               5              6                7
                                                                           Price increases
                                                             Offer price       (+) or      Commercial
              Tender       Consignment        Quantity                       reductions        costs         Destination
                No              No            (tonnes)      (ECU/tonne)          (–)
                                                                 (1)        (ECU/tonne)    (ECU/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).