31994R0240

3 . 2. 94 No L 30/26 Official Journal of the European Communities

COMMISSION REGULATION (EC) No 240/94 of 2 February 1994 authorizing the Greek intervention agency to put up for sale by tender 30 000 tonnes of durum wheat for export in the form of durum wheat meal to Algeria

THE COMMISSION OF THE EUROPEAN COMMUNITIES, should be stipulated that securities may be released only after presentation of proof of arrival ; Having regard to the Treaty establishing the European Whereas, where removal of the durum wheat is delayed Community, by more than five days or the release of one of the required securities is delayed for reasons imputable to the Having regard to Council Regulation (EEC) No 1766/92 intervention agency, Greece should pay compensation ; of 30 June 1992 on the common organization of the market in cereals ('), as last amended by Commission Whereas the Member States are to take all additional Regulation (EEC) No 2193/93 (2), and in particular Article measures compatible with the provisions in force to 5 thereof, ensure that the scheme operates smoothly and that the Commission is kept informed ; Whereas Commission Regulation (EEC) No 2131 /93 (3) Whereas the Management Committee for Cereals has not lays down the procedures and conditions for the disposal delivered an opinion within the time limit set by its of cereals held by intervention agencies ; chairman,

Prices for durum wheat on the Community's internal market are very high due to a fall in total production caused by the drought in Spain and a reduction in land HAS ADOPTED THIS REGULATION : down to durum wheat in France ; whereas the Commu­ nity's durum wheat meal industry must continue to be able to export in order to keep up normal trade flows to Article 1 Algeria ; whereas, therefore, provision should be made for intervention stocks to be used to supply the Community export meal industry during the period 1 January to 30 1 . The Greek intervention agency is hereby authorized April 1994 at competitive prices ; to issue an invitation to tender for the sale on the Community market of 30 000 tonnes of durum wheat in accordance with Article 4 of Regulation (EEC) No Whereas the above situation requires the measure to be 2131 /93. implemented as a matter of urgency ;

2. A maximum of 20 000 tonnes of durum wheat meal Whereas a conversion rate should be set to determine the for human consumption must be exported to Algeria, quantity of durum wheat meal to be exported on the basis equal to the quantity of durum wheat awarded divided by of the durum wheat used ; the coefficient referred to in Article 6. This maximum quantity may not come from Italy or Greece. The compe­ tent Greek authorities shall ensure that the abovemen­ Whereas the specific nature of the operation requires tioned quantity of 20 000 tonnes of meal is not exceeded. greater flexibility in the mechanisms and obligations To that end they shall supply each other with the neces­ governing the resale of intervention stocks and the exclu­ sary information. sion of any refund or monthly increase ; whereas special procedures must be laid down to ensure that the opera­ 3. The regions in which the 30 000 tonnes of durum tions are properly carried out and monitored ; whereas to wheat are stored are listed in Annex I. that end provision should be made for a system of securi­ ties to ensure that the aims of the measure are achieved 4. The Greek intervention agency shall prepare a without placing excessive burdens on operators ; whereas notice of invitation to tender indicating for each lot or, derogations should accordingly be made from certain where appropriate, each part lot : rules, in particular those laid down in Regulation (EEC) No 2131 /93 ; — the location,

— and, at least the following : Whereas, to ensure that the operation is carried out smoothly and to avoid any disturbance of the market, it — the maximum percentage of wholly or partially mitadine grains, (■) OJ No L 181 , 1 . 7. 1992, p. 21 . — the specific weight, (2) OJ No L 196, 5. 8 . 1993, p. 22. (3). OJ No L 191 , 31 . 7. 1993, p. 76 . — the moisture content,

No L 30/27 3 . 2. 94 Official Journal of the European Communities

— the Hagberg falling number, 5. Tenders may not be withdrawn. — the impurity, mottled grain and sprouted grain contents, Article 5 — the protein content. 1 . No export refund shall be granted for exports carried 5. It shall publish the notice of invitation to tender at out pursuant to this Regulation. least three days before the date set for the first partial invitation to tender. 2. Customs export formalities for durum wheat meal equivalent to that which would be obtained from the cereals awarded must be completed within 45 days of the Article 2 date of the award and not later than 30 April 1994.

Subject to the provisions of this Regulation, the sales of 3. Export licences issued under this invitation to tender durum wheat referred to in Article 1 shall take place in must bear the following entry in Section 22 : accordance with the procedure and conditions laid down in Regulation (EEC) No 2131 /93. 'Invitation to tender opened by Regulation (EC) No 240/94 — Tender dated . .

Article 3 4. Notwithstanding Article 9 of Commission Regula­ tion (EEC) No 3719/88 ('), the rights deriving from the 1 . The time limit for submitting tenders for the first licence referred to in this Article shall not be transferable . partial invitation to tender shall be 1 p.m. (Brussels time) on Wednesday, 9 February 1994. Article 6 2. The time limit for submitting tenders for the subse­ quent partial invitations to tender shall be 1 p.m. (Brussels For the determination of the quantity of durum wheat time) each Wednesday. meal to be exported, the quantity of durum wheat awarded shall be delivered by a coefficient of 1,48. The time limit for the last partial invitation to tender shall be 23 March 1994. Article 7 3. Tenders must be submitted to the Greek interven­ tion agency. 1 . The Greek intervention agency shall inform the Commission of the tenders received within two hours of the expiry of the time limit for the submission of tenders. Article 4 The information must be sent in the form laid down in Annex II to one of the telex or fax numbers listed in 1 . Interested parties shall submit a tender to the Annex III. competent Greek authorities either in writing against an acknowledgment of receipt or by telex, telegram or fax. Where no tenders are received, the agency shall inform the Commission within the time limit laid down in 2. The tender shall indicate : subparagraph 1 . — the reference of the invitation to tender, 2. It shall inform the Commission on a monthly basis — the name, full address and telex or fax number of the of the quantities of durum wheat removed pursuant to tenderer, this Regulation. — the quantity of durum wheat to be exported in the form of meal, Article 8 — the proposed purchasing price per tonne in eucs.

3. Tenders shall be valid only if they are accompanied 1 . On the basis of the tenders submitted and notified, by : the Commission shall decide, in accordance with the procedure laid down for in Article 23 of Council Regula­ — an application for an export licence for Algeria for tion (EEC) No 1766/92 : durum wheat meal falling within Product code 1103 11 10 200, — either to fix a minimum selling price, — proof that the tenderer has lodged a security of ECU 5 — or not to proceed with the invitation to tender. per tonne. 2. Where a minimum selling price is fixed, the 4. Tenders not submitted in accordance with para­ contract shall be awarded to the tenderer submitting graphs 1 , 2 and 3 or which contain conditions other than offers at or above that minimum price. those laid down in the invitation to tender shall be invalid. (') OJ No L 331 , 2. 12. 1988, p. 1 .

No L 30/28 Official Journal of the European Communities 3 . 2. 94

Article 10 3. The competent Greek authorities shall inform all tenderers in writing of the result of their tender as soon as the Commission has adopted the decision referred to in paragraph 1 . The successful tenderer shall pay for the durum wheat before removing it at the price indicated in the tender. The payment due for each of the lots to be removed shall be indivisible.

Article9¶

1 . The successful tenderer shall notify the storer and the intervention agency in writing at least ten days in Article 11 advance of his intention to remove the merchandise .

2. Before the lot awarded is removed, the intervention 1 . The security lodged pursuant to Article 13 (4) of agency and the successful tenderer shall take a reference Regulation (EEC) No 2131 /93 must be released for the sample in accordance with the method laid down in corresponding quantities of durum wheat once the Commission Regulation (EEC) No 689/92 ('). licences for the export of meal have been issued to the successful tenderers and for the quantities for which the tender has not been accepted. Where the final results of the analysis of the sample indi­ cate a significant difference between the quality of the durum wheat to be removed and the quality as described in the notice of invitation to tender referred to in Article 2. The obligation to export from the Community and 1 of this Regulation, the successful tenderer may refuse import into Algeria shall be covered by a security amoun­ the merchandise. ting to ECU 50 per tonne of durum wheat of which ECU 25 per tonne shall be lodged upon issue of the licence for the export of meal for the corresponding quantity of durum wheat and the balance of ECU 25 per tonne A significant difference shall be a specific weight of less before removal of the cereals . than 76 kg/hi, a level of broken grains of more than 9 % and a discrepancy of one percentage point for the mois­ ture content, ten points for the Hagberg falling index, one percentage point for the protein content, ten percentage Notwithstanding Article 15 (2) of Commission Regulation points for the impurities referred to under B.2, B.3 and (EEC) No 3002/92 (2), the amount of ECU 50 per tonne of B.4 and a half a percentage point for the impurities durum wheat corresponding to the processed meal must referred to under B.5, the percentage admissible for be released within 15 working days of the date on which noxious grains, damaged grains and ergot, however, the successful tenderer submits proof that the meal has remaining as laid down in the Annex to Regulation (EEC) arrived in Algeria. No 689/92.

3 . Where the successful tenderer refuses the merchan­ 3. Except in duly substantiated exceptional cases, in dise, as provided for in the second subparagraph of para­ particular the opening of an administrative enquiry, any graph 2 above, the intervention agency shall supply him release of the securities provided for in this Article after with another lot of intervention durum wheat of the the time limits specified herein shall confer an entitle­ requisite quality, at no extra charge, within eight days. ment to compensation from Greece amounting to ECU 0,015 per 10 tonnes of meal for each day's delay. Such compensation shall not be charged to the European Agri­ 4. If removal of the durum wheat is delayed by more cultural Guidance and Guarantee Fund (EAGGF). than five days with relation to the date of acceptance of the lot to be removed by the successful tenderer for reasons imputable to the intervention agency, the 4. The primary requirement within the meaning of Member State shall be responsible for the payment of compensation . Article 20 of Commission Regulation (EEC) No 2220/85 (3) shall be payment of the purchase price for the durum wheat and export of the durum wheat meal within the time limit laid down under cover of the export licence 5. All risks and storage costs shall be borne by the referred to in Article 4 (3). successful tenderer from the time of removal .

2) OJ No L 301 , 17. 10 . 1992, p. 17. (') OJ No L 74, 20 . 3 . 1992, p. 18 . (3) OJ No L 205, 3. 8 . 1985, p. 5.

3 . 2. 94 Official Journal of the European Communities No L 30/29

Article 12 — Griesmeel zonder recht op restitutie, bestemd voor Algerije — Verordening (EG) nr. 240/94, 1 . Notwithstanding Article 12 of Regulation (EEC) No — Sêmolas de trigo duro que não dá direito a uma resti­ 3002/92, the export licence for the durum wheat meal must bear the words : tuição, destinado à Argélia — Regulamento (CE) n ? 240/94. — Sémola de trigo duro de intervención sin derecho a restitución, destinada a Argelia — Reglamento (CE) 2. The use of one of the customs warehousing or free n° 240/94, zone schemes is prohibited. — Groft mel fra intervention uden restitutionsydelse bestemt for Algeriet — Forordning (EF) nr. 240/94, — Feinhartweizengrieß ohne Ausfuhrerstattung, Bestim­ Article 13 mung Algerien — Verordnung (EG) Nr. 240/94, — Συμιγδάλι σκληρού σίτου που δεν παρέχει δικα­ The Greek intervention agency shall take all necessary ίωμα επιστροφής προοριζόμενο για την Αλγερία — steps to ensure compliance with the provisions of this Κανονισμός (ΕΚ) αριθ. 240/94, Regulation. It shall inform the Commission weekly, within the Management Committee for Cereals, of the — Semolina of durum wheat not eligible for refund, progress of the invitation to tender. bound for Algeria — Regulation (EC) No 240/94, — Semoule de blé dur d intervention ne donnant pas droit à restitution, destinée à l'Algérie — Règlement Article 14 (CE) n0 240/94, — Semolini di frumento duro non dante diritto a restitu­ This Regulation shall enter into force on the day of its zione, destinato all'Algeria —• Regolamento (CE) publication in the Official Journal of the European n. 240/94, Communities.

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

Done at Brussels, 2 February 1994.

For the Commission Rene STEICHEN Member of the Commission

3 . 2. 94 No L 30/30 Official Journal of the European Communities

ANNEX I

Greece : regions of storage

(tonnes)

Region of storage Quantities

Magnissia 8 548 Pella 2 500 Larissa 13 878 Kavala 1 100 Kozani 2 148 Thessaloniki 1 826

ANNEX II

Standing invitation to tender for 30 000 tonnes of durum wheat held by the Greek intervention agency for export in the form of durum wheat meal to Algeria

1 2 3 4 5 6 7

Increases (+) Registration Offer price and number of Quantity Place of Port of Lot No (ECU/tonne) reductions (— ) in tonnes processing export the tender (') (ECU/tonne) p.m.

1

2

3

etc .

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

ANNEX III

The only telex and fax numbers in Brussels to be used are : DG IV/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