31993R3396

No L 306/38 Official Journal of the European Communities 11 . 12. 93

COMMISSION REGULATION (EC) No 3396/93 of 10 December 1993 on the issuing of standing invitations to tender for the sale of common wheat of breadmaking quality held by the French and German intervention agencies for export to certain ACP countries in the 1993/94 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES, effected ; whereas to that end provision should be made for a security lodgment scheme which ensures that the aims are met while avoiding excessive costs for the opera­ Having regard to the Treaty establishing the European tors ; whereas derogations should accordingly be made to Community, certain rules, in particular those laid down in Regulation (EEC) No 2131 /93 ;

Having regard to Council Regulation (EEC) No 1766/92 Whereas, where removal of the wheat is delayed by more of 30 June 1992 on the common organization of the than five days, or the release of one of the securities market in cereals ('), as amended by Commission Regula­ required is delayed, for reasons imputable to the interven­ tion (EEC) No 2193/93 (2), and in particular Article 5 tion agency the Member State concerned will have to pay thereof, compensation ;

Whereas the measures provided for in this Regulation are Whereas Commission Regulation (EEC) No 2131 /93 (3) in accordance with the opinion of the Management lays down the procedure and conditions for the sale of Committee for Cereals, cereals held by intervention agencies ;

Whereas, with a view to supplying the markets of the HAS ADOPTED THIS REGULATION : ACP countries, favoured partners of the Community, significant quantities of common wheat are required ; whereas these markets are usually supplied on the basis of annual contracts to ensure stable prices for the ACP Article 1 countries over a long period ; whereas it is therefore necessary to issue a specific invitation to tender to ensure 1 . Two standing invitations to tender are hereby issued that users in these countries have access to common for the 1993/94 marketing year for the export of : wheat of breadmaking quality in the 1993/94 marketing year under conditions appropriate to the highly compet­ — 100 000 tonnes of common wheat of breadmaking itive situation on the world market ; quality, held by the French intervention agency, — 50 000 tonnes of common wheat of breadmaking quality, held by the German intervention agency. Whereas the French and German intervention agencies hold significant stocks of common wheat of high bread­ 2. The common wheat must be exported to an ACP making quality ; whereas part of the wheat coming from State or to several States within one of the groups of ACP the intervention stocks held by the aforementioned agen­ States listed in Annex I. cies should therefore be resold to the ACP countries so as to meet their quantitative and qualitative needs ; whereas 3. The regions in which the 100 000 tonnes of French to avoid encroaching on the economic effects of the fol­ and 50 000 tonnes of German common wheat of bread­ lowing marketing year, the common wheat successfully tendered for must be sent to the countries of destination making quality are stored are listed in Annex II. by 31 August 1994 at the latest ; 4. The intervention agencies concerned shall prepare a notice of invitation to tender indicating for each lot or, Whereas the specific nature of the operation and the where appropriate, each part lot : accounting position of the common wheat in question — the location, require greater flexibility in the mechanisms and obliga­ tions governing the resale of intervention stocks and also — and at least the following features : require the exclusion of any refund or monthly increase ; — specific weight, whereas special procedures must be laid down to ensure — moisture content, that the operations and their monitoring are properly — Hagberg falling number, (') OJ No L 181 , 1 . 7. 1992, p. 21 . — impurity contents and sprouted grains, 0 OJ No L 196, 5. 8 . 1993, p. 22. 0 OJ No L 191 , 31 . 7. 1993 , p. 76. — protein content.

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5. They shall publish the notice of invitation to tender mentioning if necessary the names of the tenderers at least two days before the date set for the first partial involved. invitation to tender.

Article2¶

Subject to the provisions of this Regulation, the sales of 1 . No export refund shall be granted for exports carried common wheat of breadmaking quality referred to in out pursuant to this Regulation. Article 1 shall take place in accordance with the pro­ cedure and conditions laid down by Regulation (EEC) No 2131 /93 . 2. The validity of the export licences issued in ac­ cordance with this Regulation shall expire on 30 June 1994. Article 3 3. The licence obliges the operator to export to the 1 . The time limit for submitting tenders for the first ACP State or States for which the licence application was partial invitations to tender shall be 9 p.m. (Brussels time) submitted. However, up to a limit of 10 % of the quantity on Thursday 16 December 1993. for which the licence was issued, the operator may effect his contract at another destination on condition that it 2. The time limit for submitting tenders for the second belongs to the same group of countries listed in Annex I. partial invitation to tender shall be 9 p.m. (Brussels time) on the following Thursday. 4. The export licences shall be issued as soon as the successful tenderers have been selected. The time limit for the last partial invitation to tender shall be 6 January 1994. 5. Article 9 of Commission Regulation (EEC) 3 . Tenders must be submitted to the intervention No 3719/88 (') notwithstanding, the rights deriving from the licence referred to in this Article shall not be trans­ agency in question. ferable .

Article4¶

Article6¶

— the tenderer provides written proof from an official 1 . The successful tenderer shall notify the storer and body in the country of destination or a company the intervention agency in writing of his intention to having its overseas subsidiary in the said country, that remove the merchandise at least 10 days in advance. he has concluded for the quantity in question a commercial supply contract for common wheat of 2. Before the lot tendered for is removed, the interven­ breadmaking quality for export to an ACP State or to tion agency and the successful tenderer shall take a several States within one of the groups of ACP States listed in Annex I. Such proof shall be lodged with the reference sample in accordance with the method laid intervention agency at least two working days before down in Commission Regulation (EEC) No 689/92 (2). the date of the first invitation to tender, Where the final results from analysis of this sample indi­ — they are accompanied by an application for an export cate a significant difference between the quality of the licence for the destination in question. wheat to be removed and the quality as described in the notice of invitation to tender referred to in Article 1 of The proof provided for in the first indent shall also indi­ this Regulation, the successful tenderer can refuse the cate the quality provided for in the contract, the time merchandise . limit for delivery and the price terms.

The Member State shall send the Commission a copy of A significant difference shall be a discrepancy of more the said proof forthwith, for information. than a kilo for the specific weight, a percentage point for the moisture content, 10 points for the Hagberg falling 2. Tenders may not exceed the quantity laid down in index, a percentage point for the protein content, a the commercial contract submitted . Where on the basis of percentage point for the impurities referred to under B2 the said contract the tenderer simultaneously participates and 4 and a percentage point for the impurities referred in invitations to tender in the two Member States to under B5, without however modifying the percentages concerned, he shall be required to mention this in his admissible for noxious grains and ergot, of the Annex to bid. Regulation (EEC) No 689/92.

When transmitting the tenders submitted, the Member (') OJ No L 331 , 2. 12. 1988, p. 1 . States shall inform the Commission of the above, 0 OJ No L 74, 20. 3 . 1992, p. 18 .

No L 306/40 Official Journal of the European Communities 11 . 12. 93

3 . Where the successful tenderer refuses the merchan­ cordance with Articles 18 and 47 of Commission dise, as provided for in the second sentence of paragraph Regulation (EEC) No 3665/87 (2). 2 above, the intervention agency shall supply him with another lot of intervention common wheat of the re­ 3. Except in duly substantiated exceptional cases, in quisite quality, without extra charge, within eight days at the most. particular the opening of an administrative enquiry, any release of the securities provided for in this Article after the time limits specified in this same Article shall confer 4. If removal of the wheat is delayed by more than five an entitlement to compensation from the Member State amounting to 0,015 ECU/ 10 tonne for each day's delay. days with relation to the date of acceptance of the lot to be removed by the successful tenderer for reasons im­ putable to the intervention agency, the Member State This compensation shall not be charged to the EAGGF. shall be responsible for the payment of compensation.

5. All risks and storage costs shall be borne by the Article 9 successful tenderer from the time of removal.

1 . Article 12 of Regulation (EEC) No 3002/92 notwith­ standing, the documents relating to the sale of common wheat in accordance with this Regulation and in par­ Article 7 ticular the export licence, the removal order referred to in Article 3 (1 ) (b) of Regulation (EEC) No 3002/92, the export declaration and, where appropriate, the T5 control The successful tenderer shall pay for the common wheat copy must bear the words : before removing it at the price indicated in the tender. The payment due for each of the lots to be removed shall be indivisible . — Trigo blando panificable de intervención sin derecho a restitución, destinado a (nombre del Estado o de los Estados ACP), Reglamento (CE) n° 3396/93,

— Bageegnet blød hvede fra intervention uden restitu­ Article 8 tionsydelse bestemt for (navnet på det eller de pågæl­ dende AVS-lande), forordning (EF) nr. 3396/93,

1 . The security lodged pursuant to Article 13 (4) of — Interventions-Brotweichweizen ohne Ausfuhrerstat­ Regulation (EEC) No 2131 /93 must be released once the tung, Bestimmung (Name des AKP-Staates oder der export licences have been issued to the successful AKP-Staaten) — Verordnung (EG) Nr. 3396/93, tenderers. — μαλακός αρτοποιήσιμος σίτος παρέμβασης, που δεν παρέχει δικαίωμα επιστροφής, προοριζόμενος 2. The obligation to export and import into one of the για (όνομα της χώρας ΑΚΕ ή των χωρών ΑΚΕ), countries of destination listed in Annex I shall be covered κανονισμός (ΕΚ) αριθ. 3396/93, by a security amounting to ECU 70 per tonne of which ECU 25 per tonne shall be lodged upon issue of the — Intervention common wheat of breadmaking quality export licence, with the balance of ECU 45 being lodged not eligible for refund, bound for (name of the ACP before removal of the cereals. State or States), Regulation (EC) No 3396/93,

— Blé tendre d intervention panifiable ne donnant pas Article 15 (2) of Commission Regulation (EEC) droit à restitution, destiné à (nom de l'État ACP ou No 3002/92 (') notwithstanding : des États ACP), règlement (CE) n0 3396/93,

— the amount of ECU 45 per tonne must be released — Frumento tenero d intervento panificabile non dante within 20 working days of the date on which the diritto a restituzione, destinato al (nome del paese o successful tenderer supplies proof that the wheat dei paesi ACP), regolamento (CE) n. 3396/93, removed has left the customs territory of the Com­ munity, — Zachte broodtarwe uit interventie, zonder recht op restitutie, bestemd voor (naam van de ACS-Staat of de — the amount of ECU 25 per tonne must be released ACS-Staten), Verordening (EG) nr. 3396/93, within 15 working days of the date on which the successful tenderer supplies proof of entry for — Trigo brando panificavel de intervenção que não dá consumption into the ACP State or States referred to direito a uma restituição, destinado a (nome do Estado in Article 5 (3). This proof shall be supplied in ac­ ou dos Estados ACP), Regulamento (CE) n? 3396/93.

(') OJ No L 301 , 17. 10. 1992, p. 17. (2) OJ No L 351 , 14. 12. 1987, p. 1 .

11 . 12. 93 No L 306 /41 Official Journal of the European Communities

2. Placement of the common wheat tendered for and down in Annex III to one of the telex or fax numbers removed under one of the customs warehouse or free listed in Annex IV. zone schemes must terminate by 31 August 1994 at the latest. 2. They shall inform the Commission on a monthly basis of the quantities of common wheat removed pursuant to this Regulation. Article 10 Article 11 1 . The French and German intervention agencies shall inform the Commission of the tenders received within This Regulation shall enter into force on the day of its three hours of the expiry of the time limit for submitting publication in the Official Journal of the European tenders . The information must be sent in the form laid Communities.

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

Done at Brussels, 10 December 1993 .

For the Commission Rene STEICHEN Member of the Commission

ANNEX I

Group of ACP States signatories to the Lome Convention

Group I

Angola Zambia Malawi Mozambique Namibia Botswana Zimbabwe Lesotho Swaziland

No L 306/42 Official Journal of the European Communities 11 . 12. 93

ANNEX II

(tonnes)

Region of storage Quantities

FRANCE : Orleans 100 000

GERMANY : Schleswig-Holstein/Hamburg Niedersachsen/ Bremen 21 331 Berlin/Brandenburg Mecklenburg-Vorpommern 23 934 Sachsen Sachsen-Anhalt Thuringen 4 638

ANNEX III

Standing invitation to tender for the export of 100 000 tonnes of common wheat of breadmaking quality held by the French intervention agency and 50 000 tonnes of common wheat of breadmaking quality held by the German intervention agency

[Regulation (EC) No 3396/93]

1 2 3 4 5 6 7

Increases (+) Commercial Registration Lot Offer price number of Quantity Reductions (— ) (ECU/tonne) costs Destination number in tonnes (ECU/tonne) the tenderer (') (ECU/tonne) p.m .

1 2 3 etc .

(') This price includes the increases and reductions relating to the lot for which the tender is submitted.

ANNEX IV

The only telex and fax numbers in Brussels to be used are : DG VI/C/ 1 (for the attention of Mr Thibault/Mr Brus) : — telex : 22037 AGREC B, 22070 AGREC B (Greek characters), — fax : 295 25 15 296 10 97 296 20 05 .