31994R0241

3 . 2. 94 Official Journal of the European Communities No L 30/31

COMMISSION REGULATION (EC) No 241/94 of 2 February 1994 authorizing the Italian intervention agency to put up for sale by tender 210 000 tonnes of durum wheat for export from the other Member States 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 Community, Whereas, where removal of the durum wheat is delayed 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, Italy 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 ail additional Regulation (EEC) No 2193/93 (2), and . in particular Article 5 thereof, measures compatible with the provisions in force to ensure that the scheme operates smoothly and that the Commission is kept informed ; Whereas Commission Regulation (EEC) No 2131 /93 (3) lays down the procedures and conditions for the disposal Whereas the Management Committee for Cereals has not of cereals held by intervention agencies ; delivered an opinion within the time limit set by its 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 down to durum wheat in France ; whereas the Commu­ HAS ADOPTED THIS REGULATION : nity's durum wheat meal industry must continue to be able to export in order to keep up normal trade flows to Algeria ; whereas, therefore, provision should be made for intervention stocks to be used to supply the Community Article 1 export meal industry during the period 1 January to 30 April 1994 at competitive prices ; 1 . The Italian intervention agency is hereby authorized to issue an invitation to tender for the sale on the Whereas the above situation requires the measure to be Community market of 210 000 tonnes of durum wheat in implemented as a matter of urgency ; accordance with Article 4 of Regulation (EEC) No 2131 /93 . Whereas a conversion rate should be set to determine the quantity of durum wheat meal to be exported on the basis 2. A maximum of 140 000 tonnes of durum wheat of the durum wheat used ; meal for human consumption must be exported to Algeria, equal to the quantity of durum wheat awarded divided by the coefficient referred to in Article 6. The Whereas the specific nature of the operation requires competent Italian authorities shall ensure that the quan­ greater flexibility in the mechanisms and obligations tity of 140 000 tonnes of meal is not exceeded. governing the resale of intervention stocks and the exclu­ sion of any refund or monthly increase ; whereas special 3. The regions in which the 210 000 tonnes of Italian procedures must be laid down to ensure that the opera­ durum wheat are stored are listed in Annex I. tions are properly carried out and monitored ; whereas to that end provision should be made for a system of securi­ ties to ensure that the aims of the measure are achieved 4. The Italian 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, 0 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,

3 . 2. 94 No L 30/32 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 241 /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 Italian interven­ tion agency. 1 . The Italian 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 Italian authorities either in writing against an acknowledgment of receipt or by telex, telegram or fax. Where no tenders are received, the Greek agency shall inform the Commission within the time limit laid down 2. The tender shall indicate : in 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 1 766/92 : 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 . Where a minimum selling price is fixed, the contract 4. Tenders not submitted in accordance with para­ shall be awarded to the tenderer submitting offers at or graphs 1 , 2 and 3 or which contain conditions other than above that minimum price. those laid down in the invitation to tender shall be invalid. (') OJ No L 331 , 2. 12. 1988, p. 1 .

3 . 2. 94 No L 30/33 Official Journal of the European Communities

2. Where a minimum selling price is fixed, the 5. All risks and storage costs shall be borne by the contract shall be awarded to the tenderer or tenderers successful tenderer from the time of removal. submitting offers at or above that minimum price.

3. The competent Italian authority shall inform all tenderers in writing of the result of their tender as soon as Article 10 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. Article 9

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

1 . The security lodged pursuant to Article 13 (4) of 2. Before the lot awarded is removed, the Italian inter­ Regulation (EEC) No 2131 /93 must be released for the vention agency and the successful tenderer shall take a corresponding quantities of durum wheat once the reference sample in accordance with the method laid licences for the export of meal have been issued to the down in Commission Regulation (EEC) No 689/92 ('). 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 2. The obligation to export from the Community and durum wheat to be removed and the quality as described import into Algeria shall be covered by a security amoun­ in the notice of invitation to tender referred to in Article ting to ECU 50 per tonne of durum wheat of which ECU 1 of this Regulation, the successful tenderer may refuse 25 per tonne shall be lodged upon issue of the licence for the merchandise . the export of meal for the corresponding quantity of durum wheat and the balance of ECU 25 per tonne before removal of the cereals. A significant difference shall be a specific weight of less than 76 kg/hi, a level of broken grains of more than 9 % and a discrepancy of one percentage point for the mois­ Notwithstanding Article 1 5 (2) of Commission Regulation ture content, ten points for the Hagberg falling index, one (EEC) No 3002/92 (2), the amount of ECU 50 per tonne of percentage point for the protein content, ten percentage durum wheat corresponding to the processed meal must points for the impurities referred to under B.2, B.3 and be released within 15 working days of the date on which B.4 and a half a percentage point for the impurities the successful tenderer submits proof that the meal has referred to under B.5, the percentage admissible for arrived in Algeria. noxious grains, damaged grains and ergot, however, remaining as laid down in the Annex to Regulation (EEC) No 689/92. 3. Except in duly substantiated exceptional cases, in particular the opening of an administrative enquiry, any release of the securities provided for in this Article after 3. Where the successful tenderer refuses the merchan­ the time limits specified herein shall confer an entitle­ dise, as provided for in the second subparagraph of para­ ment to compensation from Italy amounting to ECU graph 2 above, the Italian intervention agency shall 0,015 per 10 tonnes of meal for each day's delay. Such supply him with another lot of intervention durum wheat compensation shall not be charged to the European Agri­ of the requisite quality, at no extra charge, within eight cultural Guidance and Guarantee Fund (EAGGF). days.

4. The primary requirement within the meaning of 4. If removal of the durum wheat is delayed by more Article 20 of Commission Regulation (EEC) No than five days with relation to the date of acceptance of 2220/85 (3) shall be payment of the purchase price for the the lot to be removed by the successful tenderer for durum wheat and export of the durum wheat meal within reasons imputable to the intervention agency, the the time limit laid down under cover of the export licence Member State shall be responsible for the payment of referred to in Article 4 (3). compensation.

2) OJ No L 301 , 17. 10. 1992, p. 17. (') OJ No L 74, 20. 3. 1992, p. 18 . 0 OJ No L 205, 3. 8. 1985, p. 5.

No L 30/34 Official Journal of the European Communities 3 . 2. 94

Article 12 — Griesmeel zonder recht op restitutie, bestemd voor Algerije — Verordening (EG) nr. 241 /94, 1 . Notwithstanding Article 12 of Regulation (EEC) No — Sêmolas de trigo duro que não da 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? 241 /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° 241 /94, zone schemes is prohibited. — Groft mel fra intervention uden restitutionsydelse bestemt for Algeriet — Forordning (EF) nr. 241 /94, — Feinhartweizengrieß ohne Ausfuhrerstattung, Bestim­ Article 13 mung Algerien — Verordnung (EG) Nr. 241 /94, — Συμιγδάλι σκληρού σίτου που δεν παρέχει δικα: The Italian intervention agency shall take all necessary ιωμα επιστροφής προοριζόμενο για την Αλγερία — steps to ensure compliance with the provisions of this Κανονισμός (ΕΚ) αριθ. 241 /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 241 /94, — Semoule de blé dur d intervention ne donnant pas droit à restitution, destinée à l'Algérie — Règlement Article 14 (CE) n0 241 /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 . 241 /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

No L 30/35 3 . 2. 94 Official Journal of the European Communities

ANNEX I

ITALY : regions of storage

(tonnes)

Region of storage Quantities

Toscana 24 351 Marche 43 184 Lazio 32 288 Campania 3 000 Lucania 20 963 Puglia 40 000 Sardegna 21 218 Sicilia 24 996

ANNEX II

Standing invitation to tender for 210 000 tonnes of durum wheat held by the Italian intervention agency for export in the form of durum wheat meal to Algeria

1 I 2 3 4 5 . 6 7

Increases (+) Registration Offer price and Quantity Place of Port of number 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 Bras) : — telex : 22037 AGREC B 22070 AGREC B (Greek characters) — fax : 295 25 15 296 10 97 296 20 05