31993R1673

No L 158 /34 Official Journal of the European Communities 30 . 6. 93

COMMISSION REGULATION (EEC) No 1673/93 of 29 June 1993 authorizing certain intervention agencies to put up for sale by tender 150 000 tonnes of durum wheat for export in the form of durum wheat meal and groats

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, to ensure that the operation is carried out smoothly, it should be stipulated that securities may be released only after completion of customs export formali­ Having Having regard to Council Regulation (EEC) No ties to avoid any disturbance of the market ; 2727/75 of 29 October 1975 on the common organization of the market in cereals ('), as last amended by Regulation Whereas the Member States are to take all additional (EEC) No 1738/92 (2), and in particular Article 7 (6) measures compatible with the provisions in force to thereof, ensure that the scheme operates smoothly and that the Commission is kept informed ; Whereas Article 3 of Council Regulation (EEC) No 1581 /86 of 23 May 1986 laying down general rules for Whereas the Management Committee for Cereals has not intervention on the market in cereals (3), as last amended delivered an opinion within the time limit set by its by Regulation (EEC) No 2203/90 (4), provides that the sale chairman, of cereals held by intervention agencies must be by invita­ tion to tender ;

Whereas Commission Regulation (EEC) No 1 836/82 0, HAS ADOPTED THIS REGULATION : as last amended by Regulation (EEC) No 966/93 (6), lays down the procedure and conditions for the disposal of cereals held by intervention agencies ; Article 1 Whereas in the Community, in respect of the commence­ ment of the 1993/94 cereals year on 1 July 1993, internal The intervention agencies of the Member States listed market prices for durum wheat are at a very high level below are hereby authorized to issue an invitation to thanks to an overall production level reduced by the tender for the sale on the Community market of 1 50 000 drought in Spain and a reduction in land down to durum tonnes of durum wheat in accordance with Article 4 of wheat in France ; whereas the Community's durum wheat Regulation (EEC) No 1836/82, as follows : meal industry must continue to be able to export in order to keep up normal trade flows ; whereas calculation of the (tonnes) refund on the basis of internal prices during the first Greece 20 000 three months of the 1993/94 cereals year would lead to a very high refund sum not supported by knowledge that Spain 40 000 the current level of internal market prices would be main­ France 1 0 000 tained beyond September ; whereas, therefore, provision Italy 80 000 should be made for the large intervention stocks to be used tu supply the export meal industry during the period 1 July to 30 September 1993 at price terms competitive Article 2 with normal market prices for the new harvest as soon as actual quantities are known and the market has recovered its stability ; 1 . The invitation to tender shall be open from 1 July to 15 September 1993. Whereas the above situation requires the measure to be implemented as a matter of urgency ; 2. A quantity of durum wheat meal and groats for human consumption equal to the quantity of durum wheat awarded divided by the coefficient referred to in Whereas a conversion rate should be set to determine the Article 5 must be exported to third countries. quantity of durum wheat meal and groats to be exported on the basis of the durum wheat used ; Tenders shall be valid only if they :

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . — are accompanied by an application for an export 0 OJ No L 180, 1 . 7. 1992, p. 1 . licence for durum wheat meal and groats having an 0 OJ No L 139, 24. 5. 1986, p. 36. ash content of 0 to 1 300 mg per 100 g (0,16 mm (4) OJ No L 201 , 31 . 7. 1990, p. 5. 0 OJ No L 202, 9. 7. 1982, p. 23. sieve) with an application for advance fixing of the (4 OJ No L 98, 24. 4. 1993, p. 25. refund set for the relevant quality,

30 . 6. 93 Official Journal of the European Communities No L 158/35

— are accompanied by evidence that the tenderer has Article 6 lodged a security of ECU 5 per tonne, 1 . The securities referred to in the second indent of the — are accompanied by a written undertaking from the second subparagraph of Article 2 (2) shall be released : tenderer to lodge, at the latest on payment of the — for the quantities for which the tender has not been goods, a security covering any difference between the accepted, or price provided for in Article 5 (3) of Regulation (EEC) No 1836/82 and that indicated in the tender. — in all other cases, in accordance with Title V of Commission Regulation (EEC) No 2220/85 (').

2. The securities referred to in the third indent of the Article 3 second subparagraph of Article 2 (2) shall be released for the corresponding quantities of durum wheat meal and groats for which evidence of export has been furnished. The minimum sales price shall be ECU 120 per tonne. 3. The primary requirement within the meaning of Article 20 of Regulation (EEC) No 2220/85 shall be Article 4 payment of the selling price and export within the time limit laid down for the durum wheat meal and groats under the export licence referred to in Article 4. 1 . Customs export formalities for durum wheat meal and groats equivalent to that which would be obtained Evidence to be furnished shall be that applicable for the from cereals awarded must be accomplished within 45 security for the export licence issued following award of days following the date of the award and not later than the contract. 15 October 1993. Article 7 2. Export licences issued under this invitation to tender The intervention agencies concerned shall take all neces­ must bear the following entry in Section 22 : sary steps to ensure compliance with the provisions of 'Invitation to tender issued by Regulation (EEC) this Regulation. They shall provide each other with all No 1673/93 — Tender from \ necessary information and shall inform the Commission weekly, within the Management Committee for Cereals, of the progress of the invitation to tender.

Article 5 Article 8 For the determination of the quantity of durum wheat This Regulation shall enter into force on the day of its meal and groats to be exported, the quantity of durum publication in the Official Journal of the European wheat awarded shall be divided by a coefficient of 1 ,50. Communities.

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

Done at Brussels, 29 June 1993.

For the Commission Ren6 STEICHEN Member of the Commission

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