CELEX: 31996R1549
Language: en
Date: 1996-08-01 00:00:00
Title: COMMISSION REGULATION (EC) No 1549/96 of 1 August 1996 on the issuing of a standing invitation to tender for the sale of common wheat of breadmaking quality held by the German intervention agency for the World Food Programme

No L 192/2          fENl                Official Journal of the European Communities                                   2. 8 . 96
                                         COMMISSION REGULATION (EC) No 1549/96
                                                         of 1 August 1996
                    on the issuing of a standing invitation to tender for the sale of common wheat of
                    breadmaking quality held by the German intervention agency for the World
                                                         Food Programme
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas, in addition to the conditions laid down in
                                                                      Article 30 of Commission Regulation (EEC) No
  Having regard to the Treaty establishing the European               3719/88 (*), as last amended by Regulation (EC) No
  Community,                                                          2137/95 (% it should be laid down that the export licence
                                                                      security may only be released when proof has been
                                                                      provided that the common wheat has been taken over by
  Having regard to Council Regulation (EEC) No 1766/92,               the World Food Programme;
  of 30 June 1992, on the common organization of the
  market in cereals ('), as last amended by Commission               Whereas, where removal of the wheat is delayed by more
  Regulation (EC) No 923/96 (2), and in particular Article 5          than five days, or the release of one of the securities
  thereof,                                                           required is delayed, for reasons imputable to the interven­
                                                                     tion agency the Member State concerned will have to pay
 Whereas Commission Regulation (EEC) No 2131 /93 (3),                compensation;
 as amended by Regulation (EC) No 120/94 (4), lays down
 the procedure and conditions for the disposal of cereals            Whereas the measures provided for in this Regulation are
 held by intervention agencies;                                      in accordance with the opinion of the Management
                                                                     Committee for Cereals,
 Whereas certain quantities of common wheat are needed
 to implement the food-aid programmes of the World
 Food Programme; whereas, given the current difficult
 situation on the world market in common wheat, and to               HAS ADOPTED THIS REGULATION:
 ensure that the World Food Programme has a reliable
 source of supply for part of its needs, a specific invitation
 to tender should be opened under conditions appropriate                                      Article 1
 to the competitive situation now existing on the world
 market;                                                             1 . A standing invitation to tender is hereby issued for
                                                                     the export of 23 375 tonnes of common wheat of bread­
Whereas the German intervention agency holds stocks of               making quality, held by the German intervention agency.
common wheat of breadmaking quality; whereas part of
 the wheat coming from the intervention stocks held by               2.    The regions in which the 23 375 tonnes of German
the aforementioned agency should therefore be resold to             common wheat of breadmaking quality are stored are
the World Food Programme; whereas to meet its quanti­               listed in Annex I.
tative and qualitative needs the common wheat success­
fully tendered for must be exported by 30 November                  3 . The intervention agency concerned shall prepare a
 1996 at the latest;                                                notice of invitation to tender indicating for each lot or,
                                                                    where appropriate, each part lot:
Whereas the specific nature of the operation and the                — the location ,
accounting position of the common wheat in question
require greater flexibility in the mechanisms and obliga­           — and at least the following features:
tions governing the resale of intervention stocks and also
require exclusion of any refund, tax or monthly increase;                — specific weight,
whereas special procedures must be laid down to ensure                   — moisture content,
that the operations and their monitoring are properly
effected; whereas to that end provision should be made                   — Hagberg falling number,
for a security lodgment scheme which ensures that the                    — impurity contents and sprouted grains,
aims are met while avoiding excessive costs for the opera­
                                                                         — protein content.
tors; whereas derogations should accordingly be made to
certain rules, in particular those laid down in Regulation
(EEC) No 2131 /93;                                                  4. It shall publish the notice of invitation to tender at
                                                                    least two days before the date set for the first partial invi­
                                                                    tation to tender.
(') OJ  No  L 181 , 1 . 7. 1992, p. 21 .
(2) OJ  No  L 126, 24. 5. 1996, p. 37.
(3) OJ  No  L 191 , 31 . 7. 1993, p. 76.                            0 OJ No L 331 , 2. 12. 1988 , p. 1 .
 4  OJ  No  L 21 , 26. 1 . 1994, p. 1 .                             (6) OJ No L 214, 8 . 9. 1995, p. 21 .
 ---pagebreak---  2. 8 . 96            EN               Official Journal of the European Communities                             No L 192/3
                          Article 2                                                        Article 5
 Subject to the provisions of this Regulation, the sales of        1 . No export refund or export tax or monthly increase
common wheat of breadmaking quality referred to in                shall be applied for exports carried out pursuant to this
Article 1 shall take place in accordance with the proce­          Regulation .
 dure and conditions laid down by Regulation (EEC) No
2131 /93 .                                                        2. The validity of the export licences issued in accor­
                                                                  dance with this Regulation shall expire on 30 November
                                                                  1996 .
                          Article 3
                                                                  3 . The licence obliges the operator to deliver to the
 1 . The time limit for submitting tenders for the first         World Food Programme the quantity for which the
partial invitations to tender shall be 9 a.m. (Brussels time)    licence application was submitted.
on Thursday 8 August 1996.
                                                                 4.     The export licences shall be issued as soon as the
                                                                 successful tenderers have been selected .
2.     The time limit for submitting tenders for the second
partial invitation to tender shall be 9 a.m. (Brussels time)
on the following Thursday.                                       5. Article 9 of Regulation (EEC) No 3719/88 notwith­
                                                                 standing, the rights deriving from the licence referred to
                                                                 in this Article shall not be transferable .
The time limit for the last partial invitation to tender
shall be 31 October 1996. For the second and subsequent
weekly awards, the period for the receipt of tenders will
                                                                                           Article 6
begin on the first working day following the expiry of the
preceding period.
                                                                  1 . The intervention agency, the storer and the
However, for the period 9 to 15 August 1996, the invita­         successful tenderer, if he so wishes, shall, by common
tion to tender is suspended.                                     agreement, either before or at the moment of removal
                                                                 from storage, as the successful tenderer chooses, take
3.     Tenders must be submitted to the German interven­         reference samples at the rate of at least one sample for
tion agency.
                                                                 every 500 tonnes, and shall analyze the samples. The
                                                                 intervention agency may be represented by a proxy,
                                                                 provided this is not the storer.
                          Article 4
                                                                 The Commission must be informed of the findings of the
                                                                 analyses in the event of a dispute .
1.     A tender shall only be accepted where :
                                                                 Reference samples shall be taken and analyzed within
— the tenderer provides written proof from the World             seven working days of the date of the successful tenderer's
     Food Programme that he has concluded for the quan­          request or within three working days if the samples were
    tity in question a commercial contract for the supply        taken on removal from storage. If the final result of the
     of common wheat of breadmaking quality to that              sample analyses indicates a quality:
    organization . Such proof shall be submitted to the
     intervention agency at least two working days before        (a) greater than that specified in the notice of invitation
     the date of the partial invitation to tender, against            to tender, the successful tenderer must accept the lot
    which the tender is to be submitted,                              as established;
— it is accompanied by an application for an export              (b) greater than the minimum characteristics required for
     licence indicating the World Food Programme as the               intervention but below the quality described in the
     destination .                                                    notice of invitation to tender, with the difference
                                                                      remaining within a limit of up to:
The proof provided for in the first indent shall also indi­
cate the quality provided for in the contract, the time               — 2 kg/hi for the specific weight, which must not,
limit for delivery and the price terms.                                   however, be less than 72 kg/hi,
                                                                      — one percentage point for the moisture current,
The Member State shall send the Commission a copy of                  — 20 percentage points for the Hagberg falling
the said proof forthwith, for information .                               index,
2.     Tenders may not exceed the quantity laid down in               — one percentage point for the protein content,
the commercial contract submitted.                                    — half a percentage point for the impurities referred
                                                                          to in B.2 and B.4 of the Annex to Commission
When transmitting the tenders submitted, the Member                       Regulation (EEC) No 689/92 (')
State    shall inform the     Commission     of the    above,
mentioning the names of the tenderers involved.                  (') OJ No L 74, 20. 3. 1992, p. 18 .
 ---pagebreak---   No L 192/4          fENl               Official Journal of the European Communities                                 2 . 8 . 96
           and                                                      replacement, he shall be released from all his obligations,
                                                                    including the securities once he has informed the
      — half a percentage point for the impurities referred         Commission and the intervention agency forthwith in
           to in point B.5 of the Annex to Regulation (EEC)         accordance with Annex IV.
           No 689/92, the percentages admissible for noxious
           grains and ergot, however, remaining unchanged,
                                                                   4. The costs of the taking of samples and the analyses
      the successful tenderer must accept the lot as establi­       referred to in paragraph 1 , except those where the final
      shed;                                                        result of the analyses produces a quality inferior to the
                                                                   minimum characteristics required for intervention, shall
                                                                   be borne by the EAGGF up to a maximum of one
 (c) greater than the minimum characteristics required for         analysis per 500 tonnes with the exception of the trans­
      intervention but below the quality described in the          silage costs. The cost of transsilage and of any additional
      notice of invitation to tender with the difference           analyses requested by the successful tenderer shall be
      surpassing the limit referred to in point (b), the           borne by him.
      successful tenderer may:
     — either accept the lot as established,                                                 Article 7
     — or refuse to take over the lot in question. The
          successful tenderer shall be released from all his
                                                                   The successful tenderer shall pay for the common wheat
          obligations relating to the lot in question, inclu­      before removing it at the price indicated in the tender.
          ding the securities, only once he has informed the       The final date for removal is 22 November 1996 .
          Commission and the intervention agency forth­
          with, in accordance with Annex IV; however, if he        The payment due for each of the lots to be removed shall
                                                                   be indivisible .
          requests the intervention agency to supply him
          with another lot of intervention bread-making
          wheat of the quality laid down, and that without
          additional charges, the security shall not be
          released. The lot must be replaced within a                                        Article 8
          maximum of three days from the date of the
          successful tenderer's request. The successful            1.    The security lodged pursuant to Article 13 (4) of
          tenderer shall immediately inform the Commis­            Regulation (EEC) No 2131 /93 must be released once the
          sion thereof in accordance with Annex IV;
                                                                   export licences have been issued to the successful ten­
                                                                   derers.
(d) below the minimum characteristics required for inter­
     vention, the successful tenderer may not remove the           2. The obligation to deliver to the World Food
     lot in question . He shall be released from all his obli­    Programme shall be covered by a security amounting to
     gations relating to the lot in question, including the        ECU 45 per tonne of which ECU 20 per tonne shall be
     securities, only once he has informed the Commission         lodged upon issue of the export licence, with the balance
     and the intervention agency forthwith, in accordance         of ECU 25 being lodged before removal of the cereals.
     with Annex IV; however, he may request the interven­
     tion agency to supply him with another lot of inter­
     vention bread-making wheat of the quality laid down,         Article 15 (2) of Commission Regulation (EEC) No
     without additional charges. In this case, the security       3002/92 (') notwithstanding the amount of ECU 45 per
     shall not be released. The lot must be replaced within       tonne must be released within 15 working days of the
     a maximum of three days from the date of the                 date on which the successful tenderer supplies proof that
     successful tenderer's request. The successful tenderer       the common wheat has been taken over by the World
     shall immediately inform the Commission thereof in           Food Programme . This proof shall be supplied in accor­
     accordance with Annex IV.                                    dance with Articles 18 and 47 of Commission Regulation
                                                                  (EEC) No 3665/87 (2).
2. However, if the bread-making wheat is removed                  3 . Except in duly substantiated exceptional cases, in
before the results of the analysis are known, all risks shall     particular the opening of an administrative enquiry, any
be borne by the successful tenderer from the time of              release of the securities provided for in this Article after
removal of the lot, without prejudice to the forms of             the limits specified in this same Article shall confer an
recourse the successful tenderer may have against the             entitlement to compensation from the Member State
storer .                                                          amounting to 0,015 ECU/ 10 tonnes for each day's delay.
                                                                  This compensation shall not be charged to the EAGGF.
3.     If, after successive replacements, the successful
tenderer has not received a replacement lot of the quality        (') OJ No L 301 , 17. 10 . 1992, p. 17.
laid down within one month of the date of his request for         (2) OJ No L 351 , 14. 12. 1987, p. 1 .
 ---pagebreak--- 2 . 8 . 96             EN              Official Journal of the European Communities                              No L 192/5
                           Article 9                              — Zachte tarwe van bakkwaliteit uit interventie, zonder
                                                                      toepassing van restitutie of belasting, bestemd voor
Article 12 of Regulation (EEC) No 3002/92 notwith­                    World Food Programme — Verordening (EG) nr.
standing, the documents relating to the sale of common                1549/96
wheat in accordance with this Regulation and in parti­
cular the export licence, the removal order referred to in       — Trigo mole panificavel de intervenção sem aplicação
Article 3 ( 1 ) (b) of Regulation (EEC) No 3002/92, the               de uma restituição, ou imposição destinado ao World
export declaration and, where appropriate, the T5 control             Food Programme — Regulamento (CE) n ? 1549/96
copy must bear the words:                                        — Interventioleipävehnää, jolle ei makseta vientitukea
— Trigo blando panificable de intervención sin aplica­                eikä vientimaksua ja jonka määräpaikka on World
     ción de restitución ni gravamen, destinado al World              Food Programme — asetus (EY) N:o 1549/96
     Food Programme — Reglamento (CE) n° 1549/96                 — Interventionsvete av brödkvalitet, ej utan bidrag eller
— Bageegnet blød hvede fra intervention uden restitu­                 avgift avsett för World Food Programme — förord­
    tionsydelse eller -afgift bestemt for World Food                  ning (EG) nr 1549/96.
    Programme — forordning (EF) nr. 1549/96
— Interventions-Brotweichweizen ohne Anwendung von
                                                                                           Article 10
    Ausfuhrerstattungen oder Ausfuhrabgaben, Bestim­
    mung World Food Programme — Verordnung (EG)
    Nr. 1549/96                                                  1.     The German intervention agency shall inform the
                                                                 Commission of the tenders received within three hours of
— Μαλακός αρτοποιήσιμος σίτος παρέμβασης, χωρίς
    εφαρμογή επιστροφής ή φόρου προοριζόμενος για                the expiry of the time limit for submitting tenders. The
                                                                 information must be sent in the form laid down in Annex
    το World Food Programme — κανονισμός ( ΕΚ)                   II to one of the telex or fax numbers listed in Annex III.
    αριθ. 1549/96
— Intervention common wheat of breadmaking quality               2.     It shall inform the Commission on a monthly basis
    without application of refund or tax, bound for the          of the quantities of common wheat removed pursuant to
    World Food Programme — Regulation (EC) No                    this Regulation .
    1549 /96
— Blé tendre d intervention panifiable ne donnant pas
    lieu à restitution ni à taxe, destiné au «World Food                                   Article 11
    Programme » — règlement (CE) n0 1549/96
— Frumento tenero d intervento panificabile senza appli­         This Regulation shall enter into force on the day of its
    cazione di restituzione o di tassa, destinato al World       publication in the Official Journal of the European
    Food Programme — regolamento (CE) n . 1549/96                Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 1 August 1996.
                                                                            For the Commission
                                                                             Christos PAPOUTSIS
                                                                       Member of the Commission
 ---pagebreak---  No L 192/6              PEN !                Official Journal of the European Communities                                               2. 8 . 96
                                                                       ANNEX I
                                                                                                                          (tonnes)
                                                Region of storage                                           Quantities
                   GERMANY:
                   Schleswig-Holstein/Hamburg/
                   Niedersachsen/ Bremen /
                   Nordrhein-Westfalen                                                                       20 783
                   Sachsen/Sachsen-Anhalt/
                   Thüringen                                                                                  2 592
                                                                      ANNEX II
Standing invitation to tender for the export of common wheat of breadmaking quality held by the German intervention
                                                    agency for the World Food Programme
                                                            (Regulation (EC) No 1549/96)
           1                  2                   3                      4                      5                   6                   7
                                                                                         Increases ( + )      Commercial
      Registration                                                  Offer price
                             Lot              Quantity                                  Reductions (-)
      number of                                                    (ECU/tonne)                                    costs            Destination
                           number            in tonnes                                    (ECU/tonne)
     the tenderer                                                       C)                                    (ECU/tonne)
                                                                                              p.m .
           1
           2
           3
         etc.
(') This price includes the increases and reductions relating to the lot for which the tender is submitted.
 ---pagebreak--- 2. 8 . 96   [ EN I              Official Journal of the European Communities                         No L 192/7
                                                    ANNEX III
          The only telex and fax numbers in Brussels to be used are:
          DG VI/C/ 1 :
          — telex :       22037 AGREC B,
                          22070 AGREC B (Greek characters),
          — fax:          296 49 56,
                          295 25 15,
                          or 296 10 97 .
                                                    ANNEX IV
          Communication of refusal of lots under the standing invitation to tender for the export of
          commonwheat of bread-making quality held by the German intervention agency for the
                                              World Food Programme
                                     (Article 6 of Regulation (EC) No 1549/96)
          — 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/hi)
                                                     — % sprouted grains
                                                     — % miscellaneous impurities (Schwarzbesatz)
                                                     — % of matter which is not wheat of unimpaired
                                                         quality
                                                     — Other