31984R0937

No L 96/ 14 Official Journal of the European Communities 6 . 4 . 84

COMMISSION REGULATION ( EEC) No 937 /84 of 5 April 1984 opening an invitation to tender for the refund for the export of common wheat not intended for human consumption to countries of zones I, II a), III , IV, V, VI, VII a), VII c), the German Democratic Republic and the Iberian Peninsula

THE COMMISSION OF THE EUROPEAN minimum quantity to be tendered for and a time limit COMMUNITIES , and form for the communication of tenders submitted to the competent authorities ; Having regard to the Treaty establishing the European Whereas, in view of the quantities of treating products Economic Community, available, various methods should be proposed ;

Having regard to Council Regulation (EEC) No Whereas, to facilitate supervision, it is necessary that 2727/75 of 29 October 1975 on the common organi­ treating operations should be carried out in the zation of the market in cereals ('), as last amended by country where the customs export formalities are Regulation (EEC) No 1 45 1 /82 (2), completed and that a specific document attesting to the treating operations should be presented in order to obtain payment of the refunds ; Having regard to Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules Whereas the Management Committee for Cereals has for granting export refunds on cereals and criteria for not delivered an opinion within the time limit set by fixing the amount of such refunds (3), and in particular its chairman , Article 5 thereof,

Whereas there is a demand on the world market for HAS ADOPTED THIS REGULATION : common fodder wheat not intended for human consumption ; whereas, in view of the market situa­ TITLE I tion , specific management measures should be taken to meet the said demand and to open, in respect of common wheat not intended for human consumption, Tendering procedure an invitation to tender for the export levy provided for in Article 5 of Regulation (EEC) No 2746/75 ; Article 1

1 . Tenders shall be invited for the refund of the Whereas the detailed procedural rules governing invi­ tations to tender for export levies in the cereals sector export levy provided for in Article 5 of Regulation are laid down in Commission Regulation (EEC) No (EEC) No 2746/75 . 279/75 (4), as amended by Regulation (EEC) No 2. The invitation to tender shall relate to common 2944/78 (s) ; whereas the commitments on the part of wheat treated by one of the methods referred to in the tenderer include an obligation to lodge an applica­ ' Article 8 of this Regulation and not intended for tion for an export licence ; whereas compliance with human consumption, ror export to countries of zones this obligation may be ensured by requiring tenderers I, II a), III , IV, V, VI, Vila), VII c), the German to lodge a tendering security of 20 ECU per tonne Democratic Republic and the Iberian Peninsula. when they submit their tenders ; whereas this arrange­ ment should prevent any disturbance of the market in 3 . The invitation shall remain open until 30 May intervention wheat not intended for human consump­ 1984. During this period weekly awards shall be made, tion ; for which the time limits for the submission of tenders shall be as prescribed in the notice of invitation to Whereas, in order to ensure equal treatment of all tender. concerned, provision should be made so that all the licences issued have the same period of validity ; Article 2 Whereas, in order to ensure the smooth operation of A tender shall be valid only if it relates to a quantity of the tendering procedure, it is necessary to prescribe a not less than 1 000 tonnes .

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . Article 3 (2) OJ No L 164, 14 . 6 . 1982, p. 1 . (3) OJ No L 281 , 1 . 11 . 1975 , p. 78 . The security referred to in Article 3 of Regulation (4) OJ No L 31 , 5. 2. 1975, p. 8 . (EEC) No 279/75 shall be 20 ECU per tonne. (5) OJ No L 351 , 15 . 12 . 1978 , p . 16 .

6 . 4 . 84 Official Journal of the European Communities No L 96/ 15

Article 4 indicates a rate of refund equal to or less than such maximum export refund. 1 . By way of derogation from Article 21 ( 1 ) of Commission Regulation (EEC) No 3183/80 ('), export Article 6 licences issued under Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, for the purpose of determining their Tenders submitted must reach the Commission period of validity, be deemed to have been issued on through the intermediary of Member States not later the day on which the tender was submitted. than one and a half hours after the expiry of the period for the weekly submission of tenders as speci­ 2. Export licences issued in connection with this fied in the notice of invitation to tender. They must be invitation to tender shall be valid from their date of communicated in the form indicated in Annex I. issue, as defined in paragraph 1 , until the end of the If no tenders are received, Member States shall so second month following that of issue. inform the Commission within the time limit speci­ 3 . By way of derogation from Article 9 of Regula­ fied in the preceding paragraph . tion (EEC) No 3183/ 80, the rights arising from the licences referred to in paragraph 2 shall not be trans­ Article 7 ferable . The time limits fixed for the submission of tenders 4. One of the following entries shall appear in box shall correspond to Belgian time . 12 of both the licence application and the licence :

— 'Common wheat not intended for human TITLE II consumption, exported pursuant to Regulation (EEC) No 937/84.' Obligations of the successful tenderer and condi­ — ' Blød hvede, der ikke er bestemt til konsum, og tions relating to the export of the product som udføres i forbindelse med forordning (EØF) nr. 937/ 84 .' Article 8 — ' Nicht zum Nahrungsverbrauch bestimmter Weichweizen, der im Rahmen der Verordnung The successful tenderer shall treat the common wheat (EWG) Nr. 937/84 ausgeführt wird.' by one of the reference methods described in Annex — ' Μαλακός σίτος μη προοριζόμενος για ανθρωπινή II . κατανάλωση που εξάγεται στα πλαίσια του κανονι­ σμού ( ΕΟΚ ) αρι9. 937/84.' The treating operations shall take place in the Member — ' Froment tendre non destine à la consommation State in which the customs export formalities are carried out . humaine exporté dans le cadre du règlement (CEE) n0 937/84.' — ' Frumento tenero non destinato al consumo Article 9 umano, esportato in base al regolamento (CEE) n . The competent body of the exporting Member State 937/ 84.' shall, by means of on-the-spot inspections, monitor — 'Niet voor menselijke consumptie bestemde zachte the treating operations referred to in Article 8 and tarwe, uitgevoerd in het kader van Verordening shall take the necessary samples . (EEG) nr. 937/84.' Upon completion of the treating operations, a docu­ ment certifying that the common wheat has been Article 5 treated in accordance with the provisions of this Regu­ lation shall be drawn up in at least two copies . 1 . Pursuant to Article 5 of Regulation (EEC) No 279/75, the Commission shall decide, under the The said certificate shall contain at least the following information : procedure laid down in Article 26 of Regulation (EEC) No 2727/ 75 : — an identification number, — to fix a maximum export refund, taking account in — the name of the tenderer, particular of the criteria laid down in Articles 2 — the quantity treated , and 3 of Regulation (EEC) No 2746/75, or — the method of treating used, — to make no award . — the date of issue . 2. Where a maximum export refund is fixed, a The first copy of the certificate shall be remitted to the contract shall be awarded to any tenderer whose tender customs upon completion of the export formalities . The second copy of the certificate shall be kept by the (') OJ No L 338 , 13 . 12 . 1980 , p. 1 . inspection body .

No L 96/ 16 Official Journal of the European Communities 6. 4. 84

The identification number of the certificate shall be — the certificate referred to in Article 9 has been indicated on the export document used to obtain the produced, and refund and the certificate itself shall be sent by the — the proof defined in Article 20 of Commission customs direct to the body responsible for paying the Regulation (EEC) No 2730/79 (') has been refund . submitted within the period stipulated in Article 31 of the same Regulation . Article 10 Article 11 Without prejudice to Article 7 ( 1 ) (a) and (c) of Regula­ tion (EEC) No 279 /75, the security referred to in This Regulation shall enter into force on the day Article 3 of this Regulation shall be released only in following its publication in the Official Journal of the respect of those quantities for which : European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 5 April 1984.

For the Commission Poul DALSAGER Member of the Commission

ANNEX I

Weekly tender for the refund for the export of common wheat not intended for human consumption to countries of zones I , II a), III , IV, V, VI , VII a), VII c), the German Demo­ cratic Republic and the Iberian Peninsula

. (Closing date for the submission of tenders (date/time)

Number of Quantity Amount of export levy in national tenderers in tonnes currency per tonne

1 ■) 3

1 2 3 4 .5 etc .

(<) OJ No L 317 , 12. 12 . 1979 , p. 1 .

6 . 4 . 84 No L 96/ 17 Official Journal of the European Communities

ANNEX II

Reference methods for treating common wheat

Method No 1 — Colouring with Patented Blue V

1 . Dissolve either 30 grams of colouring matter of 80 % concentration or 51 grams of colouring matter of 50 % concentration of Patented Blue V (Schulz No 826, EEC No E 131 ) (') in at least 2,5 litres and at most three litres of pure water. 2. Colour 100 kilograms of wheat from the quantity to be treated with the amount of solution prepared in accordance with paragraph 1 . 3. Mix 90 kilograms of wheat to be treated with at least 10 kilograms of grains coloured as indicated in paragraph 2, so that they are uniformly dispersed in the total mass.

Method No 2 — Colouring with (brilliant) green The wheat must be treated with the colouring matter listed below in such a manner that the said wheat shall contain a quantity of colouring matter at least equal to that shown in column 4 and evenly distributed, so that at least 5 % of the grains shall be coloured and distributed throughout the whole quantity.

TABLE OF COLOURING MATTER

Minimum Common name Colour index quantity in Scientific name of dye ( 1956) No parts per million by weight

1 2 3 4

Green S Sodium salt of di-(£-dimethylamino­ phenyl)-2-hydroxy-3 ; 6-disulphonaphty­ methanol anhydride 44 090 20

Method No J — Addition of fish oil or fish liver

(a) Fish oil or fish liver, filtered, not deodorized, not decolourized, with no additives . (b) Characteristics : minimum iodine content : 120 , colour content : 7-14 (Gärtner) or 5-19 (FAC), acidity between : 3 and 4 % , maximum point of solidification : 10 C C. (c) Minimum quantity to be used per tonne of wheat to be treated : four kilograms. (d) The treating apparatus must be such that at all times the oil is evenly distributed throughout the wheat. (e) The temperature of the oil used must be kept at a level sufficient to ensure such even distribution .

(') The definition of Patented Blue V is given in the Council Directive on the approximation of rules of Member States on colouring matters for use in foodstuffs intended for human consumption (OJ No 115, 11 . 11 . 1962, p. 2645/62). Patented Blue V of 50 % concentration is marketed in the Federal Republic of Germany as ' Lebensmittelblau Nr. 3 '.