CELEX: 31998R1120
Language: en
Date: 1998-05-29 00:00:00
Title: Commission Regulation (EC) No 1120/98 of 29 May 1998 opening a standing invitation to tender for the export of barley from harvests prior to 1997 held by the Swedish intervention agency

30. 5. 98           ¬ EN ¬             Official Journal of the European Communities                                 L 157/59
                                    COMMISSION REGULATION (EC) No 1120/98
                                                      of 29 May 1998
                  opening a standing invitation to tender for the export of barley from harvests
                                 prior to 1997 held by the Swedish 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,                                                       46 297 tonnes of barley from harvests prior to 1997 for
                                                                 export to third countries.
Having regard to Council Regulation (EEC) No 1766/92             2. The regions in which the 46 297 tonnes of barley
of 30 June 1992 on the common organisation of the                from harvests prior to 1997 are stored are set out in
market in cereals (1), as last amended by Commission             Annex I.
Regulation (EC) No 923/96 (2), and in particular Article 5
thereof,
                                                                                           Article 3
Whereas Commission Regulation (EEC) No 2131/93 (3),              1. Notwithstanding the third paragraph of Article 16 of
as last amended by Regulation (EC) No 2193/96 (4), lays          Regulation (EEC) No 2131/93, the price to be paid for the
down the procedure and conditions for the disposal of            export shall be that quoted in the tender.
cereals held by intervention agencies;
                                                                 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.
46 297 tonnes of barley from harvests prior to 1997 held
by the Swedish 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 appli-
                                                                 cations submitted pursuant to Article 44 of Commission
Whereas, where removal of the barley is delayed by more
                                                                 Regulation (EEC) No 3719/88 (5).
than five days or the release of one of the securities
required is delayed for reasons imputable to the interven-
tion agency the Member State concerned must pay                                            Article 5
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 4 June 1998.
                                                                 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 27 May 1999.
                           Article 1                             4. Tenders shall be lodged with the Swedish interven-
                                                                 tion agency.
Subject to the provisions of this Regulation the Swedish
intervention agency issues a standing invitation to tender
for the export of barley from harvests prior to 1997 held                                  Article 6
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
(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 157/60            ¬ EN ¬              Official Journal of the European Communities                                 30. 5. 98
removal from storage as the successful tenderer chooses,                   of the quality laid down at no additional charge,
take reference samples for counter-analysis at the rate of                 the security shall not be released. The lot must be
at least one sample for every 500 tonnes and shall analyse                 replaced within three days of the date of the
the samples. The intervention agency may be represented                    successful tenderer’s request. The successful
by a proxy, provided this is not the storer.                               tenderer shall notify the Commission immediately
                                                                           thereof in accordance with Annex II;
The analysis results shall be forwarded to the Commission
in the event of a dispute.                                        (d) below the minimum characteristics laid down for
                                                                       intervention, the successful tenderer may not remove
Reference samples for counter-analysis shall be taken and              the lot in question. He shall be discharged of all his
analysed within seven working days of the date of the                  obligations relating to the lot in question and the
successful tenderer’s request or within three working days             securities shall be released only once he has informed
if the samples are taken on removal from storage. Where                the Commission and the intervention agency forth-
the final result of sample analyses indicates a quality:               with in accordance with Annex II; however, he may
                                                                       request the intervention agency to supply him with
                                                                       another lot of intervention barley of the quality laid
(a) higher than that specified in the notice of invitation to
                                                                       down at no additional charge. In that case, the security
     tender, the successful tenderer must accept the lot as
                                                                       shall not be released. The lot must be replaced within
     established;
                                                                       three days of the date of the successful tenderer’s
                                                                       request. The successful tenderer shall immediately
(b) higher than the minimum characteristics laid down                  inform the Commission thereof in accordance with
     for intervention but below the quality described in the           Annex II.
     notice of invitation to tender, providing that the dif-
     ferences having regard to those criteria do not exceed
     the following limits:                                        2. However, if the barley is removed before the results
                                                                  of the analyses are known, all risks shall be borne by the
     — two kilograms per hectolitre as regards specific           successful tenderer from the time the lot is removed,
         weight, which must not, however, be less than 60         without prejudice to any means of redress of which he
         kg/hl,                                                   may avail himself against the storer.
     — one percentage point as regards moisture content,
                                                                  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 estab-        ducting the analyses provided for in paragraph 1 but not
     lished;                                                      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 barley in accordance with this Regulation, and in par-
         informed the Commission and the intervention             ticular the export licence, the removal order referred to in
         agency forthwith in accordance with Annex II;            Article 3(1)(b) of Regulation (EEC) No 3002/92, the
         however, if he requests the intervention agency to       export declaration and, where necessary, the T5 copy shall
         supply him with another lot of intervention barley       carry the entry:
(1) OJ L 74, 20. 3. 1992, p. 18.                                  (2) OJ L 301, 17. 10. 1992, p. 17.
 ---pagebreak--- 30. 5. 98             ¬ EN ¬             Official Journal of the European Communities                               L 157/61
— Cebada de intervención sin aplicación de restitución             export licence is issued, with the balance of ECU 20 per
    ni gravamen, Reglamento (CE) no 1120/98                        tonne being lodged before removal of the cereals.
— Byg fra intervention uden restitutionsydelse eller               Article 15(2) of Regulation (EEC) No 3002/92 notwith-
    -afgift, forordning (EF) nr. 1120/98                           standing:
— Interventionsgerste ohne Anwendung von Aus-                      — the amount of ECU 30 per tonne must be released
    fuhrerstattungen oder Ausfuhrabgaben, Verordnung                   within 20 working days of the date on which the
    (EG) Nr. 1120/98                                                   successful tenderer supplies proof that the barley
— ΚριθηÄ παρεµβασηr
                  Ä           χωρÄιr εφαρµογηÄ επιστροφηr Ä ηÄ         removed has left the customs territory of the Com-
    φορου,
      Ä       κανονισµοr    Ä (ΕΚ) αριθ. 1120/98                       munity,
— Intervention barley without application of refund or             — the amount of ECU 20 per tonne must be released
    tax, Regulation (EC) No 1120/98                                    within 15 working days of the date on which the
— Orge d’intervention ne donnant pas lieu à restitution                successful tenderer supplies the proof referred to in
    ni taxe, règlement (CE) no 1120/98                                 Article 17(3) of Regulation (EEC) No 2131/93.
— Orzo d’intervento senza applicazione di restituzione             3. Except in duly substantiated exceptional cases, in
    né di tassa, regolamento (CE) n. 1120/98                       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. 1120/98                     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 resti-              amounting to ECU 0,015 per 10 tonnes for each day’s
    tuição ou imposição, Regulamento (CE) në 1120/98             delay.
— Interventio-ohraa, johon ei sovelleta vientitukea eikä
    vientimaksua, asetus (EY) N:o 1120/98                          This compensation shall not be charged to the EAGGF.
— Interventionskorn, utan tillämpning av bidrag eller
                                                                                             Article 9
    avgift, förordning (EG) nr 1120/98.
                                                                   Within two hours of the expiry of the time limit for the
                                                                   submission of tenders, the Swedish intervention agency
                             Article 8                             shall notify the Commission of tenders received. Such
                                                                   notification shall be made using the model set out in
1. The security lodgement pursuant to Article 13(4) of             Annex III and the telex or fax numbers set out in Annex
Regulation (EEC) No 2131/93 must be released once the              IV.
export licences have been issued to the successful ten-
derers.                                                                                     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, 29 May 1998.
                                                                             For the Commission
                                                                               Franz FISCHLER
                                                                        Member of the Commission
 ---pagebreak--- L 157/62  ¬ EN ¬              Official Journal of the European Communities                                  30. 5. 98
                                                      ANNEX I
                                                                                     (tonnes)
                                       Place of storage                    Quantity
                         Djurön                                            20 438
                         Köping                                            25 859
                                                     ANNEX II
         Communication of refusal of lots under the standing invitation to tender for the export of
              barley from harvests prior to 1997 held by the Swedish intervention agency
                                  (Article 6(1) of Regulation (EC) No 1120/98)
         — 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--- 30. 5. 98    ¬ EN ¬                 Official Journal of the European Communities                                          L 157/63
                                                           ANNEX III
          Standing invitation to tender for the export of barley from harvests prior to 1997 held by
                                              the Swedish intervention agency
                                                  (Regulation (EC) No 1120/98)
                  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)
          — telex:                 22037 AGREC B,
                                   22070 AGREC B (Greek characters);
          — fax:                   296 49 56,
                                   295 25 15.