31993R1229

No L 124/ 14 Official Journal of the European Communities 20 . 5. 93

COMMISSION REGULATION (EEC) No 1229/93 of 19 May 1993 authorizing certain intervention agencies to put up for sale by tender 500 000 tonnes of common wheat for export in the form of flour

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the Management Committee 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 1738/92 (2), and in particular Article 7 (6) thereof, Article 1

Whereas Article 3 of Council Regulation (EEC) No The intervention agencies of the Member States listed 1581 /86 of 23 May 1986 laying down general rules for below are hereby authorized to issue an invitation to intervention on the market in cereals (3), as last amended tender for the sale on the Community market of 500 000 by Regulation (EEC) No 2203/90 (4), provides that the sale tonnes of common wheat in accordance with Article 4 of of cereals held by intervention agencies must be by invita­ Regulation (EEC) No 1836/82, as follows : tion to tender ; (tonnes)

Belgium 50 000 Whereas Commission Regulation (EEC) No 1836/82 (^ Denmark 5 000 as last amended by Regulation (EEC) No 966/93 (6), lays Germany 80 000 down the procedure and conditions for the disposal of cereals held by intervention agencies ; Germany — (Belgium) 63 000 — (The Netherlands) 32 000 Whereas the Community cereal year begins on 1 July ; France 270 000 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 Community suffer from supply problems ; whereas, there­ Article 2 fore, provision should be made for supplies to the latter in the period from 1 July to 15 August from intervention 1 . The invitation to tender shall be open from 14 June stocks at terms competitive with the market prices for the to 15 August 1993. new harvest ; 2. The cereals may not be removed before 1 July 1993. Whereas a conversion rate should be set to determine the quantity of flour to be exported on the basis of the 3. A quantity of common wheat flour for human common wheat used ; consumption equal to the quantity of common wheat 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 smoothly, it should be stipulated that securities may be Tenders shall be valid only if they : released only after completion of customs export formali­ ties to avoid any disturbance of the market ; — are accompanied by an application for an export licence for common wheat flour having an ash content of 0 to 600 mg per 100 g with an application Whereas the Member States are to take all additional for advance fixing of the refund set for the relevant measures compatible with the provisions in force to quality, 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 (2) OJ No L 180, 1 . 7. 1992, p. 1 . 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 (<) 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) (j OJ No L 98, 24. 4. 1993, p. 25. No 1836/82 and that indicated in the tender.

20 . 5. 93 Official Journal of the European Communities No L 124/ 15

Article 3 — for the quantities for which the tender has not been accepted, or The minimum sales price shall be ECU 116 per tonne. — in all other cases, in accordance with Title V of Commission Regulation (EEC) No 2220/85 ('). Article 4 2. The securities referred to in the third indent of the 1 . Flour may be exported under export licences issued second subparagraph of Article 2 (2) shall be released for under the present invitation to tender from 1 July 1993. the corresponding quantities of flour for which evidence of export has been furnished. 2. The quantity of flour equivalent to that which would be obtained from cereals awarded before 1 July 1993 3. The primary requirement within the meaning of must be physically exported before 31 July 1993 at the Article 20 of Regulation (EEC) No 2220/85 shall be latest. payment of the selling price and export within the time limit laid down for the common wheat flour under the The quantity of flour equivalent to that which would be export licence referred to in Article 4. obtained from cereals awarded after 1 July 1993 must be physically exported within 30 days following the date of Evidence to be furnished shall be that applicable for the the award and not later than 31 August 1993. 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 1229/93 — 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. divided 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, 19 May 1993.

For the Commtssion Ren6 STEICHEN Member of the Commission

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