CELEX: 32001R0668
Language: en
Date: 2001-04-02
Title: Commission Regulation (EC) No 668/2001 of 2 April 2001 opening a standing invitation to tender for the export of barley held by the German intervention agency

L 93/20                 EN                    Official Journal of the European Communities                                         3.4.2001
                                         COMMISSION REGULATION (EC) No 668/2001
                                                            of 2 April 2001
               opening a standing invitation to tender for the export of barley held by the German intervention
                                                                   agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                              2.     The regions in which the 999 858 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
(1)     Commission Regulation (EEC) No 2131/93 (3), as last              granted on exports carried out pursuant to this Regulation.
        amended by Regulation (EC) No 1630/2000 (4), lays
        down the procedure and conditions for the disposal of            3.     Article 8(2) of Regulation (EEC) No 2131/93 shall not
        cereals held by intervention agencies.                           apply.
(2)     Given the current market situation, a standing invitation
        to tender should be opened for the export of 999 858                                           Article 4
        tonnes of barley held by the German 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 49 of Commission Regulation
        tions should accordingly be made to certain rules, in            (EC) No 1291/2000 (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 5 April 2001.
(5)     The measures provided for in this Regulation are in
        accordance with the opinion of the Management                    2.     The time limit for submission of tenders in respect of
        Committee for Cereals,                                           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. (Brus-
                                                                         sels time) on 20 December 2001.
                               Article 1                                 4.     Tenders shall be lodged with the German intervention
Subject to the provisions of this Regulation the German inter-           agency.
vention agency issues a standing invitation to tender for the
export of barley held by it in accordance with Regulation (EEC)                                        Article 6
No 2131/93. Notwithstanding Article 12 of Regulation (EEC)
No 2131/93, the tender notice will be published not later than           1.     The intervention agency, the storer and the successful
3 April 2001.                                                            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
999 858 tonnes of barley for export to third countries, with             may be represented by a proxy, provided this is not the storer.
the 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 152, 24.6.2000, p. 1.
 ---pagebreak--- 3.4.2001               EN                      Official Journal of the European Communities                                        L 93/21
Reference samples for counter-analysis shall be taken and                 2.     However, if the barley is removed before the results of
analysed within seven working days of the date of the                     the analyses are known, all risks shall be borne by the
successful tenderer's request or within three working days if the         successful tenderer from the time the lot is removed, without
samples are taken on removal from storage. Where the final                prejudice to any means of redress of which he may avail
result of sample analyses indicates a quality:                            himself against the storer.
(a) higher than that specified in the notice of invitation to             3.     If, as a result of successive replacements, the successful
     tender, the successful tenderer must accept the lot as estab-        tenderer has not received a replacement lot of the quality laid
     lished;                                                              down within one month of the date of his request for a
                                                                          replacement, he shall be discharged of all his obligations and
(b) higher than the minimum characteristics laid down for                 the securities shall be released once he has informed the
     intervention but below the quality described in the notice           Commission and the intervention agency forthwith in accord-
     of invitation to tender, providing that the differences              ance with Annex II.
     having regard to those criteria do not exceed the following
     limits:                                                              4.     Except where the final results of analyses indicate a
                                                                          quality below the minimum characteristics laid down for inter-
     — two kilograms per hectolitre as regards specific weight,
                                                                          vention, the costs of taking the samples and conducting the
     — one percentage point as regards moisture content,                  analyses provided for in paragraph 1 but not of inter-bin
                                                                          transfers shall be borne by the European Agricultural Guidance
     — half a percentage point as regards impurities as speci-            and Guarantee Fund (EAGGF) in respect of up to one analysis
         fied in points B.2 and B.4 of Annex I to Commission              per 500 tonnes. The costs of inter-bin transfers and any addi-
         Regulation (EC) No 824/2000 (1), and                             tional analyses requested by the successful tenderer shall be
     — half a percentage point as regards impurities as speci-            borne by him.
         fied in point B.5 of Annex I to Regulation (EC) No
         824/2000, 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)
(c) higher than the minimum characteristics laid down for                 No 3002/92 (2), the documents relating to the sale of barley in
     intervention but below the quality described in the notice           accordance with this Regulation, and in particular the export
     of invitation to tender, and a difference exceeding the limits       licence, the removal order referred to in Article 3(1)(b) of
     set out in point (b), the successful tenderer may:                   Regulation (EEC) No 3002/92, the export declaration and,
                                                                          where necessary, the T5 copy shall carry the entry:
     — accept the lot as established, or
                                                                          — Cebada de intervención sin aplicación de restitución ni
     — refuse to take over the lot in question. The successful                gravamen, Reglamento (CE) no 668/2001
         tenderer shall be discharged of all his obligations
         relating to the lot in question and the securities shall be      — Byg fra intervention uden restitutionsydelse eller -afgift,
         released only once he has informed the Commission                    forordning (EF) nr. 668/2001
         and the intervention agency forthwith in accordance              — Interventionsgerste ohne Anwendung von Ausfuhrerstat-
         with Annex II; however, if he requests the intervention              tungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 668/
         agency to supply him with another lot of intervention                2001
         barley of the quality laid down at no additional charge,
         the security shall not be released. The lot must be              — Κριθή παρέµβασης χωρίς εφαρµογή επιστροφής ή φόρου, κανο-
         replaced within three days of the date of the successful             νισµός (ΕΚ) αριθ. 668/2001
         tenderer's request. The successful tenderer shall notify         — Intervention barley without application of refund or tax,
         the Commission immediately thereof in accordance                     Regulation (EC) No 668/2001
         with Annex II;
                                                                          — Orge d'intervention ne donnant pas lieu à restitution ni
                                                                              taxe, règlement (CE) no 668/2001
(d) below the minimum characteristics laid down for interven-
     tion, the successful tenderer may not remove the lot in              — Orzo d'intervento senza applicazione di restituzione né di
     question. He shall be discharged of all his obligations                  tassa, regolamento (CE) n. 668/2001
     relating to the lot in question and the securities shall be          — Gerst uit interventie, zonder toepassing van restitutie of
     released only once he has informed the Commission and                    belasting, Verordening (EG) nr. 668/2001
     the intervention agency forthwith in accordance with
     Annex II; however, he may request the intervention agency            — Cevada de intervenção sem aplicação de uma restituição ou
     to supply him with another lot of intervention barley of the             imposição, Regulamento (CE) n.o 668/2001
     quality laid down at no additional charge. In that case, the
                                                                          — Interventio-ohraa, johon ei sovelleta vientitukea eikä vienti-
     security shall not be released. The lot must be replaced
                                                                              maksua, asetus (EY) N:o 668/2001
     within three days of the date of the successful tenderer's
     request. The successful tenderer shall immediately inform            — Interventionskorn, utan tillämpning av bidrag eller avgift,
     the Commission thereof in accordance with Annex II.                      förordning (EG) nr 668/2001.
(1) OJ L 100, 20.4.2000, p. 31.                                           (2) OJ L 301, 17.10.1992, p. 17.
 ---pagebreak--- L 93/22              EN                     Official Journal of the European Communities                                       3.4.2001
                            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 16 of Commission Regulation
Regulation (EEC) No 2131/93 must be released once the export               (EC) No 800/1999 (1).
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 German 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, 2 April 2001.
                                                                                    For the Commission
                                                                                      Franz FISCHLER
                                                                                Member of the Commission
                                                                       (1) OJ L 102, 17.4.1999, p. 11.
 ---pagebreak--- 3.4.2001       EN                          Official Journal of the European Communities                                           L 93/23
                                                                    ANNEX I
                                                                                                   (tonnes)
                                                  Place of storage                       Quantity
                               Schleswig-Holstein/Hamburg/Niedersachsen/
                               Bremen/Mecklenburg-Vorpommern                            317 779
                               Nordrhein-Westfalen/Hessen/Rheinland-Pfalz/
                               Saarland/Baden-Württemberg/Bayern                         60 673
                               Berlin/Brandenburg/Sachsen-Anhalt/Sachsen/
                               Thüringen                                                621 406
                                                                   ANNEX II
         Communication of refusal of lots under the standing invitation to tender for the export of barley held by the
                                                      German intervention agency
                                            (Article 6(1) of Regulation (EC) No 668/2001)
         — 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 93/24           EN                            Official Journal of the European Communities                                           3.4.2001
                                                                       ANNEX III
               Standing invitation to tender for the export of barley held by the German intervention agency
                                                           (Regulation (EC) No 668/2001)
                  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).