CELEX: 31999R0465
Language: en
Date: 1999-03-03 00:00:00
Title: Commission Regulation (EC) No 465/1999 of 3 March 1999 on the sale of 20 200 tonnes of barley held by the Spanish intervention agency for processing in Portugal

4. 3. 1999            EN               Official Journal of the European Communities                                    L 56/15
                                    COMMISSION REGULATION (EC) No 465/1999
                                                       of 3 March 1999
                  on the sale of 20 200 tonnes of barley held by the Spanish intervention agency for
                                                  processing in Portugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       last amended by Regulation (EC) No 770/96 (6), is applic-
                                                                  able;
Having regard to the Treaty establishing the European             Whereas the measures provided for in this Regulation are
Community,                                                        in accordance with the opinion of the Management
                                                                  Committee for Cereals,
Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of the
market in cereals (1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article 5        HAS ADOPTED THIS REGULATION:
thereof,
                                                                                             Article 1
Whereas Portugal is experiencing particular difficulties
with respect to supplies of feed grain following an               1.     The Portuguese intervention agency, hereinafter
extremely poor barley harvest in 1998 as a result of              referred to as INGA, shall organise a standing invitation
adverse weather conditions;                                       to tender under the conditions laid down in Regulation
                                                                  (EEC) No 2131/93 for the resale of 20 200 tonnes of
                                                                  barley held in the region of Salamanca and Zamora by
Whereas supplies are available in Spain in the form of            the Spanish intervention agency, hereinafter referred to as
intervention barley; whereas this barley does not find its        FEGA, for disposal in Portugal. The cereals in question
way to Portugal in view of the long distances and high            are stored at Peñaranda de Bracamonte (15 850 tonnes),
transport costs involved;                                         Alba de Tormes (2 350 tonnes) and Barcial del Barco
                                                                  (2 000 tonnes).
Whereas, taking into account the supplies of feed grain           2.     Without prejudice to Regulation (EEC) No 2131/93,
available in Spain and their remoteness from areas of             the following special rules shall apply to this invitation to
consumption and export ports, the quantities of grain in          tender:
question would be extremely difficult to dispose of under
the normal conditions of resale of intervention stocks laid       — for the first invitation to tender, tenderers may not
down in Commission Regulation (EEC) No 2131/93 of 28                   submit tenders for more than 1 500 tonnes,
July 1993 laying down the procedure and conditions for            — tenders shall be drawn up with reference to the actual
the sale of cereals held by intervention agencies (3), as last         quality of the lot to which they relate,
amended by Regulation (EC) No 39/1999 (4); whereas
Article 5(4) of that Regulation expressly provides for a          — tenderers shall undertake to process the quantities of
derogation from the normal conditions of resale of inter-              barley awarded to them in Portugal,
vention stocks under certain circumstances; whereas these         — processing shall be carried out by 30 September 1999
circumstances currently exist; whereas a standing invita-              at the latest, except in cases of force majeure,
tion to tender should therefore be opened for 20 200
tonnes of barley held in the region of Salamanca and              — a security of a EUR 20 per tonne shall be lodged with
Zamora for compulsory consumption in Portugal;                         the Portuguese intervention agency by successful
whereas this invitation to tender should be subject to                 tenderers to ensure compliance with the conditions
special price conditions;                                              laid down in the third and fourth indents. This
                                                                       security shall be lodged at the latest within two
                                                                       working days of receipt of the statement of award of
                                                                       contract,
Whereas, as regards proof of processing in Portugal,
Commission Regulation (EEC) No 3002/92 of 16 October              — INGA shall notify FEGA of the tenders which have
1992 laying down common detailed rules for verifying the               been accepted and for which payment has been made.
use and/or destination of products from intervention (5), as
                                                                  3.     Notwithstanding Article 5(1) of Regulation (EEC)
(1) OJ L 181,  1. 7. 1992, p. 21.                                 No 2131/93, the highest tender exceeding the minimum
(2) OJ L 126,  24. 5. 1996, p. 37.                                price of EUR 110 per tonne shall be accepted.
(3) OJ L 191,  31. 7. 1993, p. 76.
(4) OJ L 5, 9. 1. 1999, p. 64.
(5) OJ L 301,  17. 10. 1992, p. 17.                               (6) OJ L 104, 27. 4. 1996, p. 13.
 ---pagebreak--- L 56/16              EN                  Official Journal of the European Communities                                  4. 3. 1999
                           Article 2                                2.    The final date for the submission of tenders in
                                                                    response to the final partial invitation to tender shall be
1.    Securities as referred to in the fifth indent of Article      29 April 1999.
1(2) shall be released where they cover quantities in
respect of which the tenderers provide proof:
                                                                    3.    Tenders must be submitted to the Portuguese inter-
— of processing in Portugal by 30 September 1999 at the             vention agency:
    latest, except in cases of force majeure,
    or                                                              Instituto Nacional de Intervenção e Garantia Agrícola
— that the product is no longer fit for human or animal             Rua Fernando Curado Ribeiro 4G
    consumption.                                                    P-1600 Lisboa
                                                                    Tel.: (351) 1 751 85 00
2.    Proof that the cereals covered by this Regulation             Fax: (351) 1 751 86 00.
have been processed shall be furnished before 1 January
2000 in accordance with Regulation (EEC) No 3002/92.
However, processing shall be deemed to have taken place
                                                                                              Article 4
once the barley has been delivered to a store in Portugal.
3.    In addition to the endorsements provided for in               The quantities of barley awarded shall be made available
Regulation (EEC) No 3002/92, box 104 of the T 5 control             to successful tenderers by FEGA as soon as it receives the
copy must bear one or more of the following:                        notification referred to in the sixth indent of Article 1(2).
— Destinados a la transformación [Reglamento (CE) no
    465/1999]
— Til forarbejdning (forordning (EF) nr. 465/1999)                                            Article 5
— Zur Verarbeitung bestimmt (Verordnung (EG) Nr.
    465/1999)                                                       The Portuguese intervention agency shall transfer the
— Προορζονται για µεταποηση [Κανονισµr (ΕΚ) αριθ.                amounts received for the tenders awarded under this
    465/1999]                                                       Regulation to the Spanish intervention agency within 10
— For processing (Regulation (EC) No 465/1999)                      days of receipt of those amounts.
— Destinées à la transformation [règlement (CE) no 465/
    1999]
— Destinate alla trasformazione [regolamento (CE) n.                                          Article 6
    465/1999]
— Bestemd om te worden verwerkt (Verordening (EG)                   The Portuguese intervention agency shall inform the
    nr. 465/1999)                                                   Commission, by the Tuesday of the week following the
                                                                    final date for the submission of tenders at the latest, of the
— Para transformação [Regulamento (CE) nº 465/1999]
                                                                    average prices of the various lots and the quantities sold.
— Tarkoitettu jalostukseen [Asetus (EY) N:o 465/1999]
— För bearbetning (förordning (EG) nr 465/1999).
                                                                                              Article 7
                           Article 3
1.    The final date for the submission of tenders in               This Regulation shall enter into force on the third day
response to the first partial invitation to tender shall be 18      following its publication in the Official Journal of the
March 1999.                                                         European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 3 March 1999.
                                                                               For the Commission
                                                                                  Franz FISCHLER
                                                                           Member of the Commission