31987R2765

17 . 9 . 87 Official Journal of the European Communities No L 266/ 11

COMMISSION REGULATION (EEC) No 2765/87 of 16 September 1987 authorizing certain intervention agencies to put up for sale by tender 450 000 tonnes of common wheat for export in the form of flour

THE COMMISSION OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the European Article 1 Economic Community,

The intervention agencies of the Member States listed Having regard to Council Regulation (EEC) No 2727/75 below are hereby authorized to issue an invitation to of 29 October 1975 on the common organization of the tender for the sale on the Community market of 450 000 market in cereals ('), as last amended by Regulation (EEC) tonnes of common wheat in accordance with Article 4 of No 1900/87 (2), and in particular Article 7 (5) thereof, Regulation (EEC) No 1836/82, as follows :

(tonnes) Whereas Article 3 of Council Regulation (EEC) No 1581 /86 of 23 May 1986 laying down general rules for the Germany 200 000 intervention on the market in cereals (3), provides that the France 250 000 sale of cereals held by intervention agencies must be by invitation to tender ; Article 2 Whereas Commission Regulation (EEC) No 1836/82 (4), as last amended by Regulation (EEC) No 2418/87 (^, lays 1 . The invitation to tender shall be open from 15 down the procedure and conditions for the disposal of September to 15 October 1987. cereals held by intervention agencies ; 2. The common wheat awarded must be processed into Whereas in part of the Community the 1987 common flour for human consumption and exported to third coun­ tries . wheat harvest has been affected by exceptional weather conditions that could not have been anticipated by oper­ ators who undertook before 1 August 1987 to export flour 3 . Tenders shall not be valid unless either commercially or as food aid ; whereas these oper­ ators should be enabled to draw supplies from interven­ (a) submitted by an operator designated before 1 August tion stocks by means of a sale of these stocks by tender ; 1987 successful tenderer for a Community or national supply of flour as food aid ; Whereas a conversion rate should be set to determine the (b) submitted by an operator holding before 1 August 1987 an export licence, with advance fixing of the quantity of flour to be exported on the basis of the refund, for the same quantity as that for which the common wheat used ; tender is made ; (c) accompanied by evidence that the tenderer has lodged Whereas, to ensure that the operation is carried out security of 10 ECU per tonne. smoothly, it should be stipulated that securities may be released only after completion of customs export formali­ ties to avoid any disturbance of the market ; Article 3

Whereas the member States are to take all additional By way of derogation from Article 5 ( 1 ) of Regulation measures compatible with the provisions in force to (EEC) No 1836/82, the minimum price to be complied ensure that the scheme operates smoothly and that the with shall be fixed in accordance with the procedure laid Commission is kept informed ; down in Article 26 of Regulation (EEC) No 2727/75, at a level ensuring equality of supply conditions throughout Whereas the measures provided for in this Regulation are the Community with respect to the new harvest. in accordance with the opinion of the Management Committee for Cereals, Article 4 (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 182, 3. 7. 1987, p. 40 . For the determination of the quantity of flour to be (3) OJ No L 139, 24. 5. 1986, p. 36. (<) OJ No L 202, 9. 7. 1982, p. 23 . exported, the quantity of common wheat awarded shall be 0 OJ No L 223, 11 . 8 . 1987, p. 5. divided by a coefficient of 1,37.

No L 266/ 12 Official Journal of the European Communities 17. 9 . 87

Article 5 Evidence to be furnished shall be that applicable for the security for the export licence issued following award of the contract. 1 . The security referred to at (c) of Article 2 (3) shall be released : Article 6

The intervention agencies concerned shall take all — for the quantities for which the tender has not been necessary steps to ensure compliance with the provisions accepted, or of this Regulation. They shall provide each other with all necessary information and shall inform the Commission — in all other cases, in accordance with Title V of weekly, within the Management Committee for Cereals, Commission Regulation (EEC) No 2220/85 ('). of progress of the invitation to tender.

Article 7 2. The primary requirement within the meaning of This Regulation shall enter into force on the day of its Article 20 of Regulation (EEC) No 2220/85 shall be publication in the Official Journal of the European payment of the selling price and export within the time Communities. limit laid down for the common wheat flour under the export licence. It shall apply with effect from 15 September 1987.

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

Done at Brussels, 16 September 1987.

For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 205, 3 . 8 . 1985, p. 5 .