31989R1948

No L 187/92 1 . 7 . 89 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1948/89 of 30 June 1989

authorizing certain intervention agencies to put up for sale by tender 200 000 tonnes of common wheat for export in the form of flour

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the Management Commitee for Cereals has not delivered an opinion within the time limit set by its Chairman, Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 2727/75 HAS ADOPTED THIS REGULATION : of 29 October 1975 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) No 1834/89 (2), and in particular Article 7 (5) thereof, Article 1

The intervention agencies of the Member States listed Whereas Article 3 of Council Regulation (EEC) No below are hereby authorized to issue an invitation to 1581 /86 of 23 May 1986 laying down general rules for tender for the sale on the Community market of 200 000 intervention on the market in cereals (3), as amended by tonnes of common wheat in accordance with Article 4 of Regulation (EEC) No 195/89 (4), provides that the sale of Regulation (EEC) No 1836/82, as follows : cereals held by intervention agencies must be by invita­ tion to tender ; tonnes

Belgium Whereas Commission Regulation (EEC) No 1836/82 0, Denmark as last amended by Regulation (EEC) No 2418/87 (6), lays Germany 100 000 down the procedure and conditions for the disposal of France 100 000 cereals held by intervention agencies ; Netherlands United Kingdom Whereas, in the southern regions of the Community, the Luxembourg Ireland common wheat harvest is available as from the beginning of the marketing year ; whereas, in the northern regions of the Community, the common wheat harvest is not Article 2 available before August ; whereas, as a result, millers working for export in the north of Europe do not enjoy the same supply conditions ; whereas, for the sake of fair­ 1 . The invitation to tender shall be open from 1 to 31 ness, provision should be made for supplies to the latter July 1989. in July from intervention stocks at terms competitive with the market prices for the new harvest ; 2. The common wheat awarded must be processed into flour for human consumption and exported to third coun­ tries . Whereas a conversion rate should be set to determine the quantity of flour to be exported on the basis of the common wheat used ; Tenders shall be valid only if they :

— are accompanied by an application for an export Whereas, to ensure that the operation is carried out licence for common wheat flour having an ash smoothly, it should be stipulated that securities may be content of 0 to 600 mg per 100 g with an application released only after completion of customs export formali­ for advance fixing of the refund set for the relevant ties to avoid any disturbance of the market ; quality, — are accompanied by an application for advance fixing Whereas the Member States are to take all additional of the monetary compensatory amount for common wheat flour of one of the Member States listed in measures compatible with the provisions in force to Article 1 , ensure that the scheme operates smoothly and that the Commission is kept informed ; — are accompanied by evidence that the tenderer has lodged a security of ECU 5 per tonne, (■) OJ No L 281 , 1 . 11 . 1975, p. 1 . — are accompanied by a written undertaking from the (J) OJ No L 180, 27. 6. 1989, p. 1 . tenderer to lodge, at the latest on payment of the O OJ No L 139, 24. 5. 1986, p. 36. goods, a security covering any difference between the (<) OJ No L 25, 28 . 1 . 1989, p. 22. O OJ No L 202, 9. 7. 1982, p. 23. price provided for in Article 5 (3) of Regulation (EEC) («) OJ No L 223, 11 . 8. 1987, p. 5. No 1836/82 and that indicated in the tender.

1 . 7. 89 Official journal of the European Communities No L 187/93

Article 3 — for the quantities for which the tender has not been accepted, or By way of derogation from Article 5 (3) of Regulation — in all other cases, in accordance with Title V of (EEC) No 1836/82, the minimum price to be complied Commission Regulation (EEC) No 2220/85 (2). with shall be fixed in accordance with the procedure laid down in Article 26 of Regulation (EEC) No 2727/75, at a 2. The securities referred to in the fourth indent of the level ensuring equality of supply conditions throughout second subparagraph of Article 2 (2) shall be released for the Community with respect to the new harvest. the corresponding quantities of flour for which evidence of export has been furnished. Article 4 3. The primary requirement within the meaning of 1 . By way of derogation from Article 21 (1 ) of Article 20 of Regulation (EEC) No 2220/85 shall be Commission Regulation (EEC) No 3719/88 ('), export licences issued shall, for the determination of their term payment of the selling price and export within the time limit laid down for the common wheat flour under the of validity, be deemed to have been issued on the date of submission of the tender. export licence referred to in Article 4.

2. Export licences issued under the present invitation Evidence to be furnished shall be that applicable for the to tender shall be valid from the date of issue within the security for the export licence issued following award of meaning of paragraph 1 until the end of the second the contract. month thereafter.

3. Export licences issued under this invitation to tender Article 7 must bear the following entry in section 18 : ' Invitation to tender issued by Regulation (EEC) No The intervention agencies concerned shall take all neces­ 0000/89 — Tender from '. sary steps to ensure compliance with the provisions of this Regulation. They shall provide each other with all Article 5 necessary information and shall inform the Commission weekly, within the Management Committee for Cereals, For the determination of the quantity of flour to be of progress of the invitation to tender. exported, the quantity of common wheat awarded shall be delivered by a coefficient of 1,37. Article 8 Article 6 This Regulation shall enter into force on the day of its 1 . The securities referred to in the third indent of the publication in the Official Journal of the European second subparagraph of Article 2 (2) shall be released : Communities.

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

Done at Brussels, 30 June 1989 .

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 331 , 2. 12. 1988, p. 1 . O OJ No L 205, 3 . 8. 1985, p. 5.