Commission Regulation (EC) No 670/2009 of 24 July 2009 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards public intervention by invitation to tender for the purchase of durum wheat or paddy rice, and amending Regulations (EC) No 428/2008 and (EC) No 687/2008
Modified by
  • Commission Regulation (EU) No 1272/2009of 11 December 2009laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention, 32009R1272, December 29, 2009
Corrected by
  • Corrigendum to Commission Regulation (EC) No 670/2009 of 24 July 2009 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards public intervention by invitation to tender for the purchase of durum wheat or paddy rice, and amending Regulations (EC) No 428/2008 and (EC) No 687/2008, 32009R0670R(01), March 25, 2010
Commission Regulation (EC) No 670/2009of 24 July 2009laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards public intervention by invitation to tender for the purchase of durum wheat or paddy rice, and amending Regulations (EC) No 428/2008 and (EC) No 687/2008 CHAPTER IPROVISIONS COMMON TO THE APPROVAL OF INTERVENTION CENTRES, PURCHASES AND BIDSSECTION 1GENERAL RULES
Article 1Scope and definitions1.This Regulation establishes, for the durum wheat and rice sectors, the detailed rules of application governing public intervention buying-in, as provided for in Article 13(3) and in Article 18(2) of Regulation (EC) No 1234/2007.2.The buying-in referred to in paragraph 1 is carried out by the paying agencies or agencies approved by them, in accordance with Article 2(1) of Regulation (EC) No 884/2006, hereinafter referred to as "intervention agencies".
Article 2Appointment and approval of intervention centres1.The intervention centres to be designated by the Commission, in accordance with Article 41 of Regulation (EC) No 1234/2007, shall be subject to prior approval by the intervention agencies, pursuant to the provisions of this Regulation and the rules laid down in Regulation (EC) No 884/2006, particularly with regard to responsibility and checks, in accordance with Article 2 of that Regulation.2.Before an intervention centre can be approved, the intervention agencies shall ensure that the storage premises at that centre meet at least the following standards:(a)a storage capacity of at least 20000 tonnes for durum wheat or 10000 tonnes for rice, for all storage premises at that centre;(b)a minimum stock exit capacity to allow, for each storage site, the removal of at least 5 % of the quantity stored per working day, or 1000 tonnes for durum wheat and 500 tonnes for rice.3.The information relating to the list of intervention centres and their storage premises, designated by the Commission in accordance with Article 41 of Regulation (EC) No 1234/2007, shall be amended and made available to Member States and the public in accordance with Articles 23 and 24 of this Regulation.
SECTION 2PROCEDURE FOR THE PURCHASE OF DURUM WHEAT OR PADDY RICE BY TENDER
Article 3Purchases1.By means of a notice of call for tender, the intervention agencies shall purchase durum wheat or paddy rice following the opening of the tender by means of a Regulation adopted by the Commission, hereinafter referred to as "Regulation opening the tendering procedure", in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.2.The Regulation opening the tendering procedure shall state, in particular:(a)the name of the product, with its CN code;(b)the dates of the tenders;(c)the deadline (date and time) for the submission of bids;(d)the closing date of the tendering period;(e)the Member State(s) or region(s) concerned, in the event of the second subparagraph of Article 18(2) of Regulation (EC) No 1234/2007 applying.3.With regard to paddy rice, the tender may be restricted to one or several types of rice as defined in Annex III, Part I, I.2 to Regulation (EC) No 1234/2007 ("round grain rice", "medium grain rice", "long grain rice A" or "long grain rice B").4.A period of at least six days must separate the date of entry into force of the Regulation opening the tendering procedure and the scheduled deadline for the first submission of bids.5.The call for tender published by the intervention agency shall stipulate in particular the minimum quantities to which bids must refer. These quantities shall be at least 10 tonnes for durum wheat and 20 tonnes for rice.However, if the conditions and practices of the wholesale trade or environmental regulations in force in a Member State justify the application of minimum quantities larger than those laid down in the first subparagraph above, these quantities shall be laid down in the call for tender by the relevant intervention agency.6.The obligations resulting from the tendering procedure shall not be transferable.
Article 4Conditions for the submission and admissibility of bids1.The purchases referred to in Article 3 shall take place on the basis of bids submitted by operators to intervention agencies in the Member States, with bids being submitted in writing or electronically, with acknowledgement of receipt.2.In order for a bid to be admissible by the intervention agency, it must include the following:(a)a form supplied by the Member States, based on a harmonised model produced by the Commission and meeting the conditions laid down in Article 24, including, at least, the following information:(i)the name of the bidder; its address and VAT registration number in the Member State in which it performs its main activity, or its farm registry number;(ii)the product offered, indicating, in the case of rice, the type and variety;(iii)the place where the product is stored at the time that the bid is submitted;(iv)the storage facilities at the intervention centre for which the bid is made at the lowest price;(v)the quantity offered, the year in which the product offered was harvested, an indication of its Community origin and the Community area of production;(vi)the price proposed per tonne for merchandise corresponding to the minimum quality for durum wheat or the standard quality for rice, sent to the storage facility at the designated intervention centre, and not unloaded, and expressed in EUR to a maximum of two decimal points. This price shall not exceed the reference price referred to in Article 8(a) of Regulation (EC) No 1234/2007 in respect of durum wheat or the reference price referred to in Article 8(b) of the same Regulation in the case of paddy rice;(vii)for rice, the pesticide treatments carried out after harvest, specifying the doses used;(viii)the main characteristics of the product offered;(b)the following documents are to be enclosed:(i)evidence that the bidder has lodged a security of EUR 30 per tonne for durum wheat or EUR 50 per tonne for paddy rice, prior to the deadline for submission of bids; this security may be lodged in the Member State where the bidder conducts its main activity if it submits a bid in another Member State;(ii)a declaration from the bidder confirming that the quantities offered are situated in the storage facilities referred to in point (a)(iii) of this paragraph;(iii)a declaration from the bidder to the effect that the bid relates to a homogenous batch, and that, with regard to rice, this batch consists of paddy rice of the same variety and that the minimum quantities are those laid down in the call for tender published by the intervention agency.3.The intervention agency shall register the bids received, the date on which they were received and the quantities concerned.4.Bids shall be firm and definitive.
Article 5Verification of bids by the intervention agency1.Intervention agencies shall verify the admissibility of bids on the basis of the requirements specified in Article 4(2).If the bid is not admissible, the operator concerned shall be notified thereof immediately by the intervention agency.2.The compliance of the documents referred to in Article 4(2)(b)(ii) and (iii) may be verified once the admissibility of bids has been established by the intervention agency, if necessary with the assistance of the intervention agency responsible for the storage facility designated by the bidder, in accordance with Article 22(3).In the event of one or another of the documents referred to in the first subparagraph above not complying, the bid shall be cancelled and Article 9(2) shall apply.
Article 6Notification of bids to the Commission1.By 14.00 (Brussels time) on the day after the deadline for submission of bids at the latest, the intervention agency shall notify the Commission of the admissible bids, subject to the conditions laid down in Article 24. The tenderers shall not be identified.If no admissible tenders are received, the Member State shall notify the Commission thereof within the same time limit.2.Admissible bids which have not been communicated to the Commission shall be excluded from the tender.
Article 7Decision on the basis of the tendersOn the basis of the bids communicated in accordance with Article 6(1) of this Regulation, the Commission shall decide either not to proceed with bids received or establish the maximum buying-in price, in accordance with the procedure set out in Article 195(2) of Regulation (EC) No 1234/2007.
Article 8Decisions on tenders1.Once a maximum buying-in price has been established by the Commission, in accordance with Article 7, the intervention agencies shall accept admissible bids equal to or below the maximum amount. All other bids shall be rejected.2.If no maximum buying-in price has been established, all bids shall be rejected.3.Intervention agencies, either following publication of the regulation or notification of the decision establishing the maximum buying-in price referred to in Article 7, or specifying that bids have not been successful, shall take the decisions referred to in paragraphs 1 and 2.4.Each tenderer shall be informed by the relevant agency of the result of the tender bid by no later than the working day following the publication or notification referred to in paragraph 3.
Article 9Release and forfeit of securities1.The actual presence of products in the storage facility designated by the bidder in accordance with Article 4(2)(a)(iii), the presentation of a homogeneous batch, the continuation of the bid communicated to the Commission and the take-over of the product by the relevant agency shall be the main requirements within the meaning of Article 20(2) of Commission Regulation (EEC) No 2220/85OJ L 205, 3.8.1985, p. 5..2.If the main requirements referred to in paragraph 1 above are not complied with, the security shall be forfeit save in cases of force majeure, and shall be entered as assigned revenue in accordance with Article 12 of Commission Regulation (EC) No 883/2006OJ L 171, 23.6.2006, p. 1..3.For the purposes of applying this Article, intervention agencies shall carry out checks on the quantities present in the places of storage by applying mutatis mutandis the rules and conditions laid down in Regulation (EC) No 884/2006 as regards checks on the physical presence of products stored under public storage operations, and more specifically those provided for under point B.III of Annex I to that Regulation. These checks shall be carried out on at least 5 % of the bids and 5 % of the quantities offered, on the basis of a risk analysis.4.The security shall be released from the time that the decision referred to in Article 8(3) is published, if the bid is rejected.5.With regard to bids selected, the security shall be released within five working days following the date on which the take-over record referred to in the third subparagraph of Article 18(1) is drawn up.
SECTION 3PROCEDURE FOR THE TRANSIT OF PRODUCTS
Article 10Delivery1.The date or dates for delivery to the storage centre at the approved intervention centre designated by the bidder shall be established by the intervention agency and notified to the bidder as soon as possible.However, if products cannot be delivered to the storage facility at the intervention centre designated by the bidder, the intervention agency shall designate storage facilities at another approved intervention centre, or storage facilities at another intervention centre, to which delivery must place, at the lowest cost, and shall set the delivery date or dates.2.All products shall be delivered to the storage centre at the approved intervention centre by no later than the end of the third month following the month in which the bid was received, and no later than 30 June for durum wheat or 31 August for paddy rice.3.The representative of the intervention agency shall take the goods over in the presence of the bidder or his duly authorised agent.4.The quantity delivered must be weighed in the presence of the bidder or his duly authorised agent and a representative of the intervention agency who must be independent vis-à-vis the bidder.However, the representative of the intervention agency may also be the storekeeper. In that case:(a)within 30 days of take-over, the intervention agency shall itself conduct an inspection involving at least a volumetric check; any difference between the quantity determined by weighing and the quantity estimated in accordance with the volumetric method must not exceed 5 %;(b)where the tolerance is not exceeded, the storekeeper shall bear all costs relating to any quantities missing, at a later weight check, compared to the weight entered in the accounts on take-over;(c)where the tolerance is exceeded, weighing shall take place forthwith. The cost of weighing shall be borne by the storekeeper if the weight determined is less than that recorded, or by the Member State if it is more.
Article 11Transport costs1.The cost of transporting merchandise to the storage facility at the intervention centre designated by the bidder as cheaply as possible, in accordance with Article 4(2)(a)(iv), shall be met by the bidder, where the distance involved is equal to or less than 100 km. Transport costs over 100 km shall be borne by the intervention agency.2.If the storage facility at the intervention centre designated by the bidder is changed by the intervention agency in accordance with the second subparagraph of Article 10(1), the additional transport costs (except for the first 20 km) shall be met by the intervention agency. However, transport costs over 100 km shall be borne by the intervention agency in their entirety.3.The costs to be met by the intervention agency, referred to in paragraphs 1 and 2 above shall be reimbursed by the Commission, on a non-flat rate basis, in accordance with Article 4(1)(c) of Regulation (EC) No 884/2006.
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