CELEX: 31999R1704
Language: en
Date: 1999-07-30 00:00:00
Title: Commission Regulation (EC) No 1704/1999 of 30 July 1999 opening a standing invitation to tender for the export of common wheat of breadmaking quality held by the United Kingdom intervention agency

L 201/46               EN                      Official Journal of the European Communities                                      31. 7. 1999
                                         COMMISSION REGULATION (EC) No 1704/1999
                                                             of 30 July 1999
               opening a standing invitation to tender for the export of common wheat of breadmaking quality
                                         held by the United Kingdom intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                               quality held by it in accordance with Regulation (EEC) No
                                                                          2131/93.
Having regard to the Treaty establishing the European
Community,
                                                                                                        Article 2
Having regard to Council Regulation (EEC) No 1766/92 of 30
                                                                          1.     The invitation to tender shall cover a maximum of
June 1992 on the common organisation of the market in
                                                                          42 768 t of common wheat of breadmaking quality for export
cereals (1), as last amended by Regulation (EC) No 1253/
                                                                          to third countries.
1999 (2), and in particular Article 5 thereof,
                                                                          2.     The regions in which the 42 768 t of common wheat of
(1)     Whereas Commission Regulation (EEC) No 2131/93 (3),               breadmaking quality are stored are set out in Annex I.
        as last amended by Regulation (EC) No 39/1999 (4), lays
        down the procedure and conditions for the disposal of
        cereals held by intervention agencies;                                                          Article 3
(2)     Whereas, given the current market situation, a standing           1.     Notwithstanding the third paragraph of Article 16 of
        invitation to tender should be opened for the export of           Regulation (EEC) No 2131/93, the price to be paid for the
        42 768 t of common wheat of breadmaking quality                   export shall be that quoted in the tender.
        held by the United Kingdom intervention agency;
                                                                          2.     No export refund or tax or monthly increase shall be
(3)     Whereas special procedures must be laid down to ensure            granted on exports carried out pursuant to this Regulation.
        that the operations and their monitoring are properly
        effected; whereas, to that end, provision should be made          3.     Article 8(2) of Regulation (EEC) No 2131/93 shall not
        for a security lodgement scheme which ensures that                apply.
        aims are met while avoiding excessive costs for the
        operators; whereas derogations should accordingly be
        made to certain rules, in particular those laid down in                                         Article 4
        Regulation (EEC) No 2131/93;
                                                                          1.     The export licences shall be valid from their date of issue
(4)     Whereas, where removal of the common wheat of                     within the meaning of Article 9 of Regulation (EEC) No 2131/
        breadmaking quality is delayed by more than five days             93 until the end of the fourth month thereafter.
        or the release of one of the securities required is delayed
        for reasons imputable to the intervention agency the              2.     Tenders submitted in response to this invitation to tender
        Member State concerned must pay compensation;                     may not be accompanied by export licence applications
                                                                          submitted pursuant to Article 44 of Commission Regulation
                                                                          (EEC) No 3719/88 (5).
(5)     Whereas the measures provided for in this Regulation
        are in accordance with the opinion of the Management
        Committee for Cereals,
                                                                                                        Article 5
                                                                          1.     Notwithstanding Article 7(1) of Regulation (EEC) No
                                                                          2131/93, the time limit for submission of tenders in respect of
                                                                          the first partial invitation to tender shall be 9 a.m. (Brussels
HAS ADOPTED THIS REGULATION:                                              time) on 5 August 1999.
                                                                          2.     The time limit for submission of tenders in respect of
                                                                          subsequent partial invitations to tender shall be 9 a.m. (Brussels
                              Article 1
                                                                          time) each Thursday thereafter.
Subject to the provisions of this Regulation the United                   3.     The last partial invitation to tender shall be 9 a.m. (Brus-
Kingdom intervention agency issues a standing invitation to               sels time) on 30 September 1999.
tender for the export of common wheat of breadmaking
                                                                          4.     Tenders shall be lodged with the United Kingdom inter-
(1) OJ L  181, 1.7.1992, p. 21.                                           vention agency.
(2) OJ L  160, 26.6.1999, p. 18.
(3) OJ L  191, 31.7.1993, p. 76.
(4) OJ L  5, 9.1.1999, p. 64.                                             (5) OJ L 331, 2.12.1988, p. 1.
 ---pagebreak--- 31. 7. 1999            EN                      Official Journal of the European Communities                                        L 201/47
                               Article 6                                            common wheat of breadmaking quality of the quality
                                                                                    laid down at no additional charge, the security shall not
                                                                                    be released. The lot must be replaced within three days
1.      The intervention agency, the storer and the successful                      of the date of the successful tenderer's request. The
tenderer shall, at the request of the latter and by common                          successful tenderer shall notify the Commission imme-
agreement, either before or at the time of removal from storage                     diately thereof in accordance with Annex II;
as the successful tenderer chooses, take reference samples for
counter−analysis at the rate of at least one sample for every
500 t and shall analyse the samples. The intervention agency              (d) below the minimum characteristics laid down for interven-
may be represented by a proxy, provided this is not the storer.                tion, the successful tenderer may not remove the lot in
                                                                               question. He shall be discharged of all his obligations
                                                                               relating to the lot in question and the securities shall be
The analysis results shall be forwarded to the Commission in                   released only once he has informed the Commission and
the event of a dispute.                                                        the intervention agency forthwith in accordance with
                                                                               Annex II; however, he may request the intervention agency
                                                                               to supply him with another lot of intervention common
Reference samples for counter−analysis shall be taken and                      wheat of breadmaking quality of the quality laid down at
analysed within seven working days of the date of the                          no additional charge. In that case, the security shall not be
successful tenderer's request or within three working days if the              released. The lot must be replaced within three days of the
samples are taken on removal from storage. Where the final                     date of the successful tenderer's request. The successful
result of sample analyses indicates a quality:                                 tenderer shall immediately inform the Commission thereof
                                                                               in accordance with Annex II.
(a) higher than that specified in the notice of invitation to
     tender, the successful tenderer must accept the lot as estab-
     lished;                                                              2.     However, if the common wheat of breadmaking quality is
                                                                          removed before the results of the analyses are known, all risks
                                                                          shall be borne by the successful tenderer from the time the lot
(b) higher than the minimum characteristics laid down for                 is removed, without prejudice to any means of redress of which
     intervention but below the quality described in the notice           he may avail himself against the storer.
     of invitation to tender, providing that the differences
     having regard to those criteria do not exceed the following
     limits:
                                                                          3.     If, as a result of successive replacements, the successful
     — two kg per hectolitre as regards specific weight, which            tenderer has not received a replacement lot of the quality laid
         must not, however, be less than 72 kg/hl,                        down within one month of the date of his request for a
                                                                          replacement, he shall be discharged of all his obligations and
     — one percentage point as regards moisture content,                  the securities shall be released once he has informed the
     — 20 percentage points for the Hagberg falling index,                Commission and the intervention agency forthwith in accord-
                                                                          ance with Annex II.
     — half a percentage point as regards impurities as speci-
         fied in points B.2 and B.4 of the Annex to Commission
         Regulation (EEC) No 689/92 (1),
                                                                          4.     Except where the final results of analyses indicate a
                                                                          quality below the minimum characteristics laid down for inter-
         and                                                              vention, the costs of taking the samples and conducting the
     — half a percentage point as regards impurities as speci-            analyses provided for in paragraph 1 but not of inter−bin
         fied in point B.5 of the Annex to Regulation (EEC) No            transfers shall be borne by the European Agricultural Guidance
         689/92, the percentages admissible for noxious grains            and Guarantee Fund (EAGGF) in respect of up to one analysis
         and ergot, however, remaining unchanged,                         per 500 t. The costs of inter−bin transfers and any additional
                                                                          analyses requested by the successful tenderer shall be borne by
                                                                          him.
the successful tenderer must accept the lot as established;
(c) higher than the minimum characteristics laid down for
     intervention but below the quality described in the notice
     of invitation to tender, and a difference exceeding the limits
     set out in point (b), the successful tenderer may:                                                 Article 7
     — accept the lot as established, or
     — refuse to take over the lot in question. The successful            By derogation from Article 12 of Commission Regulation (EEC)
         tenderer shall be discharged of all his obligations              No 3002/92 (2), the documents relating to the sale of wheat of
         relating to the lot in question and the securities shall be      breadmaking quality in accordance with this Regulation, and in
         released only once he has informed the Commission                particular the export licence, the removal order referred to in
         and the intervention agency forthwith in accordance              Article 3(1)(b) of Regulation (EEC) No 3002/92, the export
         with Annex II; however, if he requests the intervention          declaration and, where necessary, the T5 copy shall carry the
         agency to supply him with another lot of intervention            entry:
(1) OJ L 74, 20.3.1992, p. 18.                                            (2) OJ L 301, 17.10.1992, p. 17.
 ---pagebreak--- L 201/48              EN                     Official Journal of the European Communities                                    31. 7. 1999
— Trigo blando panificable de intervención sin aplicación de            applying on the day of the award and the price awarded but
    restitución ni gravamen, Reglamento (CE) no 000/1999                not less than EUR 10/t. Half of the security shall be lodged
— Bageegnet blød hvede fra intervention uden restitutionsy-             when the licence is issued and the balance shall be lodged
    delse eller −afgift, forordning (EF) nr. 000/1999                   before the cereals are removed.
— Interventions−Brotweichweizen ohne Anwendung von                      Notwithstanding Article 15(2) of Regulation (EEC) No 3002/
    Ausfuhrerstattungen oder Ausfuhrabgaben, Verordnung                 92:
    (EG) Nr. 000/1999
                                                                        — the part of the security lodged when the licence is issued
— Μαλακός αρτοποιήσιµος σίτος παρέµβασης χωρίς εφαρµογή                     must be released within 20 working days of the date on
    επιστροφής ή φόρου, κανονισµός (ΕΚ) αριθ. 000/1999                      which the successful tenderer provides proof that the
— Intervention common wheat of breadmaking quality                          cereals removed have left the customs territory of the
    without application of refund or tax, Regulation (EC)                   Community,
    No 000/1999
                                                                        — the remainder must be released within 15 working days of
— Blé tendre d'intervention panifiable ne donnant pas lieu à                the date on which the successful tenderer provides the
    restitution ni taxe, règlement (CE) no 000/1999                         proof referred to in Article 17(3) of Regulation (EEC) No
— Frumento tenero d'intervento panificabile senza applica-                  2131/93.
    zione di restituzione né di tassa, regolamento (CE)
    n. 000/1999                                                         3.    Except in duly substantiated exceptional cases, in partic-
— Zachte tarwe van bakkwaliteit uit interventie, zonder                 ular the opening of an administrative enquiry, any release of
    toepassing van restitutie of belasting, Verordening (EG)            the securities provided for in this Article after the time limits
    nr. 000/1999                                                        specified in this same Article shall confer an entitlement to
— Trigo mole panificável de intervenção sem aplicação de                compensation from the Member State amounting to
    uma restituição ou imposição, Regulamento (CE)                      EUR 0,015/10 t for each day's delay.
    n.o 000/1999                                                        This compensation shall not be charged to the EAGGF.
— Interventioleipävehnää, johon ei sovelleta vientitukea eikä
    vientimaksua, asetus (EY) N:o 000/1999                                                          Article 9
— Interventionsvete, av brödkvalitet, utan tillämpning av
    bidrag eller avgift, förordning (EG) nr 000/1999.                   Within two hours of the expiry of the time limit for the
                                                                        submission of tenders, the United Kingdom intervention
                             Article 8                                  agency shall notify the Commission of tenders received. Such
                                                                        notification shall be made using the model set out in Annex III
1.    The security lodgement pursuant to Article 13(4) of
                                                                        and the telex or fax numbers set out in Annex IV.
Regulation (EEC) No 2131/93 must be released once the export
licences have been issued to the successful tenderers.
                                                                                                   Article 10
2.    Notwithstanding Article 17 of Regulation (EEC) No
2131/93, the obligation to export shall be covered by a                 This Regulation shall enter into force on the day of its publica-
security equal to the difference between the intervention price         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, 30 July 1999.
                                                                                     For the Commission
                                                                                       Franz FISCHLER
                                                                                 Member of the Commission
 ---pagebreak--- 31. 7. 1999       EN                        Official Journal of the European Communities                                    L 201/49
                                                                ANNEX I
                                                                                                 (tonnes)
                                             Place of storage                    Quantity
                                  Lincolnshire                                   25 346
                                  Northamptonshire                               15 355
                                  West Sussex                                     2 067
                                                               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 intervention agency
                                            (Article 6(1) of Regulation (EC) No 1704/1999)
            — Name of successful tenderer:
            — Date of award 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 201/50           EN                           Official Journal of the European Communities                                        31. 7. 1999
                                                                       ANNEX III
         Standing invitation to tender for the export of common wheat of breadmaking quality held by the United
                                                           Kingdom intervention agency
                                                          (Regulation (EC) No 1704/1999)
                  1                   2                  3                   4                  5                 6          7
                                                                                        Price increases
                                                                                               (+)
                                                                                                             Commercial
                               Consignement          Quantity          Offer price        reductions
             Tender No                                                                                          costes  Destination
                                     No              (tonnes)             (EUR/t)              (–)
                                                                                                               (EUR/t)
                                                                                            (EUR/t)
                                                                                             (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).