31989R2406

4. 8 . 89 Official Journal of the European Communities No L 227/49

COMMISSION REGULATION (EEC) No 2406/89 of 3 August 1989 authorizing certain intervention agencies to put up for sale by tender 330 000 tonnes of durum wheat for export in the form of meal

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 330 000 market in cereals ('), as last amended by Regulation (EEC) tonnes of durum wheat in accordance with Article 4 of No 1 834/89 (2), and in particular Article 7 (5) thereof, Regulation (EEC) No 1836/82, as follows :

Whereas Article 3 of Council Regulation (EEC) No (Tonnes) 1581 /86 of 23 May 1986 laying down general rules for intervention on the market in cereals (3), as amended by Italy 300 000 Regulation (EEC!) No 195/89 (4), provides that the sale of Spain 30 000 cereals held by intervention agencies must be by invitation to tender ;

Article 2 Whereas Commission Regulation (EEC) No 1836/82 0, as last amended by Regulation (EEC) No 2418/87 (6), lays 1 . The invitation to tender shall be open from 4 down the procedure and conditions for the disposal of August to 30 September 1989. cereals held by intervention agencies ;

2. The durum wheat awarded must be processed into Whereas durum wheat supply in Italy and Spain does not meal for human consumption and exported to third permit normal supply to meet meal export requirements ; countries. whereas, to remedy this situation, a quantity of durum wheat held by the Italian and Spanish intervention Tenders shall be valid only if they : agencies should be put up for sale again on the Italian and Spanish internal markets ; — are accompanied by an application for an export licence for durum wheat meal of the category defined Whereas a conversion rate should be set to determine the by the product code 1103 11 10 100 of the refund quantity of meal to be exported on the basis of the durum nomenclature together with an application for wheat used ; advance fixing of the refund for the category in question ; Whereas, to ensure that the operation is carried out — are accompanied by an application for advance fixing smoothly, it should be stipulated that securities may be of the monetary compensatory amount for durum wheat meal of one of the Member States listed in released only after completion of customs export formalities to avoid any disturbance of the market ; Article 1 ; — are accompanied by evidence that the tenderer has Whereas the Member States are to take all additional - lodged a security of ECU 50 per tonne, measures compatible with the provisions in force to — are accompanied by a written undertaking from the ensure that the scheme operates smoothly and that the tenderer to lodge, at the latest on payment of the Commission is kept informed, goods, a security covering any difference between the I price provided for in Article 5 (3) of Regulation (EEC) No 1836/82 and that indicated in the tender. Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, Article 3 (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 180, 27. 6. 1989, p. 1 . By way of derogation from Article 5 (3) of Regulation 0 OJ No L 139, 24. 5. 1986, p. 36. (EEC) No 1836/82, the minimum price to be complied (4) OJ No L 25, 28 . 1 . 1989, p. 22. 0 OJ No L 202, 9. 7. 1982, p. 23 . with shall be fixed in accordance with the procedure laid (6) OJ No L 223, 11 . 8 . 1987, p. 5 . down in Article 26 of Regulation (EEC) No 2727/75.

No L 227/50 Official Journal of the European Communities 4. 8 . 89

Article 4 — in all other cases, in accordance with Title V of Commission Regulation (EEC) No 2220/85 (2). 1 . By way of derogation from Article 21(1 ) of 2. The securities referred to in the fourth indent of the Commission Regulation (EEC) No 3719/88 ('), export licences issued shall, for the determination of their term second subparagraph of Article 2 (2) shall be released for of validity, be deemed to have been issued on the date of the corresponding quantities of meal for which evidence submission of the tender. of export has been furnished.

2. Export licences issued under this invitation to tender 3. The primary requirement within the meaning of shall be valid from the date of issue within the meaning Article 20 of Regulation (EEC) No 2220/85 shall be of paragraph 1 until the end of the third month payment of the selling price and export within the time thereafter. limit laid down for the durum wheat meal under the export licence referred to in Article 4. 3. Export licences issued under this invitation to tender Evidence to be furnished shall be that applicable for the must bear the following entry in section 22 : security for the export licence issued following award of 'Invitation to tender issued by Regulation (EEC) No the contract. 2406/89 — Tender from . . .'. Article 7 Article 5 The intervention agencies concerned shall take all For the determination of the quantity of meal to be necessary steps to ensure compliance with the provisions exported, the quantity of durum wheat awarded shall be of this Regulation. They shall provide each other with all divided by a coefficient of 1,60. necessary information and shall inform the Commission weekly, within the Management committee for Cereals, of progress in the invitation to tender. Article 6

1 . The securities referred to in the third indent of the Article 8 second subparagraph of Article 2 (2) shall be released : This Regulation shall enter into force on the day of its — for the quantities for which the tender has not been publication in the Official Journal of the European accepted, or Communities.

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

Done at Brussels, 3 August 1989.

For the Commission Ray MAC SHARRY Member of the Commission

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