31992R1514

12. 6. 92 Official Journal of the European Communities No L 159/29

COMMISSION REGULATION (EEC) No 1514/92 of 11 June 1992 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 Management Committee for Cereals has not Economic Community, delivered an opinion within the time limit set by its chairman ,

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 674/92 (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 tion to tender : tender for the sale on the Community market of 246 000 tonnes of common wheat in accordance with Article 4 of Regulation (EEC) No 1 836/82, as follows : Whereas Commission Regulation (EEC) No 1836/82 (*), tonnes as last amended by Regulation (EEC) No 3043/91 (6), lays Belgium 20 000 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) 10 000 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 1992.

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.

Whereas, to ensure that the operation is carried out Tenders shall be valid only if they : 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, (') OJ No L 281 , 1 . 11 . 1975, p. 1 . — are accompanied by a written undertaking from the (2) OJ No L 73, 19. 3. 1992, p. 7. 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. O OJ No L 202, 9. 7. 1982, p. 23 . price provided for in Article 5 (3) of Regulation (EEC) ¥) OJ No L 288, 18. 10. 1991 , p. 21 No 1836/82 and that indicated in the tender.

No L 159/30 12 . 6. 92 Official Journal of the European Communities

Article 3 — for the quantities for which the tender has not been accepted, or The minimum sales price shall be the intervention — in all other cases, in accordance with Title V of buying-in price valid for October 1992, minus two Commission Regulation (EEC) No 2220/85 (2). monthly increments. 2. The securities referred to in the third indent of the Article 4 second subparagraph of Article 2 (2) shall be released for the corresponding quantities of flour for which evidence 1 . Notwithstanding Article 21 ( 1 ) of Commission of export has been furnished. Regulation (EEC) No 3719/88 ('), export licences issued shall, for the determination of their term of validity, be 3. The primary requirement within the meaning of deemed to have been issued on the date of submission of Article 20 of Regulation (EEC) No 2220/85 shall be the tender. payment of the selling price and export within the tin^e limit laid down for the common wheat flour under the 2. Export licences issued under the present invitation export licence referred to in Article 4. to tender shall be valid from the date of issue within the meaning of paragraph 1 until the end of the second Evidence to be furnished shall be that applicable for the month thereafter. security for the export licence issued following award of the contract. 3. Export licences issued under this invitation to tender must bear the following entry in section 22 : Article 7 'Invitation to tender issued by Regulation (EEC) No 1514/92 — Tender from \ The intervention agencies concerned shall take all neces­ sary steps to ensure compliance with the provisions of Article 5 this Regulation . They shall provide each other with all necessary information and shall inform the Commission For the determination of the quantity of flour to be weekly, within the Management Committee for Cereals, exported, the quantity of common wheat awarded shall be of progress of the invitation to tender. delivered by a coefficient of 1,37. Article 8 Article 6 This Regulation shall enter into force on the seventh day 1 . The securities referred to in the second indent of the following its publication in the Official Journal of the second subparagraph of Article 2 (2) shall be released : European Communities.

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

Done at Brussels, 11 June 1992.

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 331 , 2. 12. 1 988, p. 1 . 0 OJ No L 205, 3. 8 . 1985, p. 5.