31991R1863
29 . 6 . 91 No L 168 /47 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 1863/91 of 28 June 1991 authorizing certain intervention agencies to put up for sale by tender 246 000 tonnes of common wheat for export in the form of flour
THE COMMISSION OF THE EUROPEAN COMMUNITIES, ensure that the scheme operates smoothly and that the Commission is kept informed ;
Having regard to the Treaty establishing the European Whereas the measures provided for in this Regulation are Economic Community, in accordance with the opinion of the Management Committee for Cereals.
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) HAS ADOPTED THIS REGULATION : No 3577/90 (2), and in particular Article 7 (6) thereof,
Whereas Article 3 of Council Regulation (EEC) No Article 1 1581 /86 of 23 May 1986 laying down general rules for intervention on the market in cereals (3), as last amended The intervention agencies of the Member States listed by Regulation (EEC) No 2203/90 (4), provides that the sale below are hereby authorized to issue an invitation to of cereals held by intervention agencies must be by invita tender for the sale on the Community market of 246 000 tion to tender ; tonnes of common wheat in accordance with Article 4 of Regulation (EEC) No 1836/82, as follows : Whereas Commission Regulation (EEC) No 1 836/82 (5), ton ties as last amended by Regulation (EEC) No 2619/90 (6), lays Belgium 10 000 down the procedure and conditions for the disposal of Denmark 2 000 cereals held by intervention agencies ; Germany 100 000 France 100 000 Germany (Musselkanaal) 14 000 Whereas the Community cereal year begins on 1 July ; France (Ghent) 20 000 whereas, however, in the north of the Community the common wheat harvest is not available until August ; whereas, as a result, millers working for export in the north of the Community suffer from supply problems ; Article 2 whereas, therefore, provision should be made for supplies to the latter in July from intervention stocks at terms 1 . The invitation to tender shall be open from 1 to 31 competitive with the market prices for the new harvest ; July 1991 .
Whereas a conversion rate should be set to determine the 2. A quantity of common wheat flour for human consumption equal to the quantity of common wheat quantity of flour to be exported on the basis of the common wheat used : awarded divided by the coefficient referred to in Article 5 must be exported to third countries.
Tenders shall be valid only if they : Whereas, to ensure that the operation is carried out smoothly, it should be stipulated that securities may be — are accompanied by an application for an export released only after completion of customs export formali licence for common wheat flour having an ash ties to avoid any disturbance of the market ; content of 0 to 600 mg per 100 g with an application for advance fixing of the refund set for the relevant quality, Whereas the Member States are to take all additional measures compatible with the provisions in force to — are accompanied by evidence that the tenderer has lodged a security of ECU 5 per tonne, o OJ No L 281 , 1 . 11 . 1975, p. 1 . — are accompanied by a written undertaking from the (2) OJ No L 353, 17. 12. 1990, p . 23 . tenderer to lodge, at the latest on payment of the (3) OJ No L 139, 24. 5. 1986, p. 36. goods, a security covering any difference between the (4) OJ No L 201 , 31 . 7. 1990, p. 5. 0 OJ No L 202, 9 . 7. 1982, p. 23. price provided for in Article 5 (3) of Regulation (EEC) (6) OJ No L 249, 12. 9 . 1990, p. 8 . No 1836/82 and that indicated in the tender. ,
No L 168/48 Official Journal of the European Communities 29 . 6 . 91
Article 3 — for the quantities for which the tender has not been accepted, or Notwithstanding Article 5 (3) of Regulation (EEC) No — in all other cases, in accordance with Title V of 1836/82, the minimum price to be complied with shall Commission Regulation (EEC) No 2220/85 (2). be fixed in accordance with the procedure laid down in Article 26 of Regulation (EEC) No 2727/75, at a level 2 . The securities referred to in the third indent of the ensuring equality of supply conditions throughout the second subparagraph of Article 2 (2) shall be released for Community with respect to the new harvest. the corresponding quantities of flour for which evidence of export has been furnished. Article 4 1 . Notwithstanding Article 21 ( 1 ) of Commission 3 . The primary requirement within the meaning of Regulation (EEC) No 3719/88 ('), export licences issued Article 20 of Regulation (EEC) No 2220/85 shall be shall, for the determination of their term of validity, be payment of the selling price and export within the time deemed to have been issued on the date of submission of limit laid down for the common wheat flour under the 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 22 : 'Invitation to tender issued by Regulation (EEC) No The intervention agencies concerned shall take all neces 1863/91 — 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 second 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, 28. June 1991 .
For the Commission Ray MAC SHARRY Member of the Commission
(■) OJ No L 331 , 2. 12. 1988, p. 1 . 0 OJ No L 205, 3 . 8 . 1985, p. 5.