CELEX: 31995R1074
Language: en
Date: 1995-05-12 00:00:00
Title: COMMISSION REGULATION (EC) No 1074/95 of 12 May 1995 on the opening of a standing invitation to tender for 100 000 tonnes of rye held by the German intervention agency for processing in Spain

No L 108/52        I EN I             Official Journal of the European Communities                                13 . 5. 95
                                       COMMISSION REGULATION (EC) No 1074/95
                                                         of 12 May 1995
                    on the opening of a standing invitation to tender for 100 000 tonnes of rye held
                                by the German 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
  of 30 June 1992 on the common organization of the                 1 . Notwithstanding Commission Regulation (EEC) No
  market in cereals ('), as last amended by the Act of Acces­      2131 /93 of 28 July 1993 laying down the procedure and
  sion of Austria, Finland and Sweden and by Regulation            conditions for the sale of cereals held by intervention
  (EC) No 3290/94 (2), and in particular Article 5 thereof,        agencies (*), the German intervention agency shall
                                                                   organize a standing invitation to tender under the condi­
  Whereas the drought affecting Spain in recent months             tions laid down hereunder for 100 000 tonnes of rye it
  has resulted in a shortage of fodder, which may induce           holds with a view to processing in Spain.
  stockfarmers to sell their livestock early, thereby adversely
  affecting their incomes ;                                        2.     The regions where the 100 000 tonnes of rye are
                                                                   stored are set out in Annex I.
  Whereas that shortage may be made good by making
  100 000 tonnes of rye available to Spanish stockfarmers ;
  whereas, for its part, the Spanish intervention agency does                                Article 2
  not have fodder grain available ; whereas such Commu­
  nity grain is available at the German intervention agency ;
                                                                   1 . In the notice of invitation to tender provided for in
  Whereas, given the current market situation, a standing          Article 5, the intervention agency shall specify for each
  invitation to tender should be opened for 100 000 tonnes         lot the port or place of exit which may be accessed at the
  of rye held by the German intervention agency for                lowest transport costs and which has adequate technical
  compulsory dispatch to Spain ;                                   facilities for dispatching the cereals put up for tender.
 Whereas the aim of the measures can only be achieved if           2. The lowest transport costs between the place of
 the minimum price laid down under the invitation to               storage and the place of loading at the port or place of
 tender takes account of the forwarding costs between              exit referred to in paragraph 1 shall be reimbursed to the
 Germany and Spain but does not disturb the Spanish                successful tenderer by the intervention agency in respect
 domestic market ; whereas, under these circumstances, the         of the quantities delivered.
 most appropriate procedure is that followed for exports of
 cereals to third countries ; whereas a special system,
 combining certain rules on resale on the internal market                                   Article 3
 and those on exports, should therefore be laid down ;
 Whereas, as regards proof of processing in Spain,                Tenders shall be deemed to relate to cereals delivered to,
 Commission Regulation (EEC) No 3002/92 of 1 6 October            but not unloaded at, the ports or places of exit referred to
                                                                  in Article 2.
 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
 apply ;                                                                                    Article 4
Whereas, in view of the early harvest in Spain and if the
 provisions of this Regulation are to produce an effect, the      When each closing date for the submission of tenders has
measures adopted must be applied as soon as possible ;            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 Joint Management Committee for Cereals,               price increases or reductions applying thereto. In
Oils and Fats and Dried Fodder has not delivered an
                                                                  accordance with the procedure laid down in Article 23 of
opinion within the time limit set by its chairman,                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.
(2) OJ No L 349, 31 . 12. 1994, p. 105.
V) OJ No L 301 , 17. 10. 1992, p. 17.
(4) OJ No L 176, 20. 7. 1993, p. 12.                              0 OJ No L 191 , 31 . 7. 1993, p. 76.
 ---pagebreak---   13 . 5. 95           EN                Official Journal of the European Communities                            No L 108 /53
 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 27 July
 At least five days before the first closing date for the           1995 .
 submission of tenders, the German intervention agency
                                                                   4.     Tenders must be submitted to the German interven­
 shall publish a notice of invitation to tender setting out :
                                                                   tion agency at the following address :
 — supplementary terms and conditions of sale in
      accordance with this Regulation,                             Bundesanstalt für Landwirtschaft und Ernährung (BLE),
                                                                   Adickesallee 40,
 — the main physical and technical characteristics of the          D-60322 Frankfurt/Main,
      various lots as ascertained at the time of buying-in by      (Telex : 4-11475, 4-16044).
      the intervention agency or during checks conducted
      thereafter,
                                                                                             Article 8
 — the places of storage and the names and addresses of
      the storers.                                                 Not later than two hours after the expiry of the time limit
                                                                   for the submission of tenders, the German intervention
 The notice and any amendments thereto shall be                    agency shall notify the Commission of tenders received.
 forwarded to the Commission before the first closing date         Such notifications shall be sent to the telex or telefax
 for the submission of tenders.                                    numbers set out in Annex III, using the model set out in
                                                                   Annex II.
The German intervention agency shall take all measures
 necessary to enable interested parties to assess the quality                                Article 9
 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
                            Article 6
                                                                   working days of such notification, it shall forward state­
                                                                   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 of 29 October
 1975 fixing standard qualities for common wheat, rye,                                      Article 10
barley, maize and durum wheat (').
                                                                   Successful tenderers shall pay for the cereals before they
Where the quality of the cereals does not comply with              are removed and at the latest within one month of the
the standard quality, the price of the tender accepted shall       date of forwarding of the statements referred to in Article
be adjusted by applying price increases or reductions              9. They shall bear all risks and storage costs in respect of
 pursuant to Articles 4 and 5 of Regulation (EEC) No               cereals not removed within the term of payment.
 1766/92.
                                                                   Cereals covered by contracts awarded and not removed
2.      Tenders submitted may not be adjusted or with­             within the term of payment shall be deemed to all effects
drawn .                                                            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
      10 per tonne,                                                Where the successful tenderer has not paid for the cereals
                                                                   within the term laid down in the first paragraph, the
— proof that a contract of sale for delivery in Spain has          contract shall be cancelled by the intervention agency in
      been concluded, subject to award to the contract,            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
      September 1995 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 18 May 1995.                       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 108/54        fENl              Official Journal of the European Communities                              13 . 5. 95
                          Article 12                             — Destinados a la transformación [Reglamento (CE) n°
                                                                     1074/95],
 1.    Securities as referred to in the second indent of         — Til forarbejdning (forordning (EF) nr. 1074/95),
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               1074/95),
 product :                                                       — Προορίζονται για μεταποίηση [Κανονισμός (ΕΚ)
— has been processed in Spain by 30 September 1995 at                αριθ. 1074/95],
     the latest, except in cases of force majeure, or            — For processing (Regulation (EC) No 1074/95),
— is no longer fit for human or animal consumption.              — Destinees a la transformation [règlement (CE) n0
                                                                     1074/95],
2. Proof that the cereals covered by this Regulation             — Destinate alla trasformazione [regolamento (CE) n .
have been processed in Spain shall be furnished in                   1074/95],
accordance with Regulation (EEC) No 3002/92.                     —■ Bestemd om te worden verwerkt (Verordening (EG) nr.
                                                                     1074/95),
However, processing shall be deemed to have taken place          — Para transformação [Regulamento (CE) n? 1074/95],
once the rye has been delivered to a store in Spain.             — Tarkoitettu jalostukseen [Asetus (EY) N:o 1074/95],
                                                                 — För bearbetning (förordning (EG) nr 1074/95).
                          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, 12 May 1995.
                                                                          For the Commission
                                                                            Franz FISCHLER
                                                                     Member of the Commission
 ---pagebreak--- 13. 5. 95   \EN                   Official Journal of the European Communities                                 No L 108/55
                                                         ANNEX I
                                                                                        (tonnes)
                                          Place of storage                  Quantity
                            Schleswig-Holstein/Hamburg/                      20 6 1 7
                            Niedersachsen/Bremen/
                            Nordrhein-Westfalen
                            Hessen/Rheinland-Pfalz/                            2 966
                            Baden-Württemberg/Saarland/Bayern
                            Berlin/Brandenburg/Mecklenburg-                  29 446
                            Vorpommern
                            Sachsen/Sachsen-Anhalt/Thüringen                46 968
                                                        ANNEX II
          Standing invitation for the resale of 100 000 tonnes of rye held by the German intervention
                                            agency for dispatch to Spain
                                              (Regulation (EC) No 1074/95)
                   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,
                               — 296 10 97,
                               — 295 25 15 .