31994R0242

3 . 2. 94 No L 30/36 Official Journal of the European Communities

COMMISSION REGULATION (EC) No 242/94 of 2 February 1994 authorizing the Greek intervention agency to put up for sale by tender 110 000 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 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) 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 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 Greek intervention stocks to be used to supply the Community export meal industry during the period 1 1 . The Greek intervention agency is hereby authorized January to 30 April 1994 at competitive prices ; to issue an invitation to tender for the sale on the Community market of 110 000 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 72 000 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 authorities shall ensure that the abovementioned Whereas the specific nature of the operation requires quantity of 20 000 tonnes of meal is not exceeded. To greater flexibility in the mechanisms and obligations that end they shall supply each other with the necessary governing the resale of intervention stocks and the exclu­ 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 110 000 tonnes of Greek tions are properly carried out and monitored ; whereas to durum 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, 0 OJ No L 181 , 1 . 7. 1992, p. 21 . — the specific weight, (2) OJ No L 196, 5. 8. 1993, p. 22. 0 OJ No L 191 , 31 . 7. 1993, p. 76. — the moisture content,

No L 30/37 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 Article 2 cereals awarded must be completed within 45 days of the date of the award and not later than 30 April 1994. Subject to the provisions of this Regulation, the sales of durum wheat referred to in Article 1 shall take place in 3. Export licences issued under this invitation to tender accordance with the procedure and conditions laid down must bear the following entry in Section 22 : in Regulation (EEC) No 2131 /93. 'Invitation to tender opened by Regulation (EC) No 242/94 — Tender dated . . .'. Article 3 4. Notwithstanding Article 9 of Commission Regula­ 1 . The time limit for submitting tenders for the first tion (EEC) No 3719/88 ('), the rights deriving from the partial invitation to tender shall be 1 p.m. (Brussels time) licence referred to in this Article shall not be transferable. on Wednesday, 9 February 1994.

2. The time limit for submitting tenders for the subse­ Article 6 quent partial invitations to tender shall be 1 p.m. (Brussels time) each Wednesday. For the determination of the quantity of durum wheat The time limit for the last partial invitation to tender meal to be exported, the quantity of durum wheat shall be 23 March 1994. awarded shall be delivered by a coefficient of 1,48.

3. Tenders must be submitted to the Greek interven­ tion agency. Article 7

1 . The Greek intervention agency shall inform the Article 4 Commission of the tenders received within two hours of the expiry of the time limit for the submission of tenders. 1 . Interested parties shall submit a tender to the The information must be sent in the form laid down in competent Greek authorities either in writing against an Annex II to one of the telex or fax numbers listed in acknowledgment of receipt or by telex, telegram or fax. Annex III. 2. The tender shall indicate : Where no tenders are received, the agency shall inform — the reference of the invitation to tender, the Commission within the time limit laid down in — the name, full address and telex or fax number of the subparagraph 1 . tenderer, — the quantity of durum wheat to be exported in the 2. It shall inform the Commission on a monthly basis form of meal, of the quantities of durum wheat removed pursuant to this Regulation. — the proposed purchasing price per tonne in eucs.

3. Tenders shall be valid only if they are accompanied Article 8 by : — an application for an export licence for Algeria for On the basis of the tenders submitted and notified, the durum wheat meal falling within Product code Commission shall decide, in accordance with the proce­ 1103 11 10 200, dure laid down for in Article 23 of Council Regulation — proof that the tenderer has lodged a security of ECU 5 (EEC) No 1766/92 : per tonne, — either to fix a minimum selling price, — an undertaking from the operator that he will transfer — or not to proceed with the invitation to tender. the durum wheat awarded to the country from which the meal will be exported. 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 30/38 Official Journal of the European Communities

To take account of cost of transport between the ware­ Greece shall be responsible for the payment of compensa­ house in which the durum wheat awarded is stored and tion . the port of export declared by the tenderer, when fixed the minimum selling price a differential may be allowed 5. All risks and storage costs shall be borne by the between tenders submitted for export from Italy and successful tenderer from the time of removal. Greece and tenders submitted for the export of durum wheat meal from the other Member States.

Article 10 The Greek intervention agency shall inform all tenderers in writing of the result of their tender as soon as the Commission has adopted the decision referred to in para­ The successful tenderer shall pay for the durum wheat graph 1 . 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¶

Article 11 1 . The successful tenderer shall notify the storer and the Greek intervention agency in writing at least ten days 1 . The security referred to in Article 4 (3) must be in advance of his intention to remove the merchandise. released for the corresponding quantities of durum wheat as soon as the operator concerned has supplied proof that the durum wheat has been transfered to the country in 2. Before the lot awarded is removed, the Greek inter­ which the customs formalities for the export of the meal vention agency and the successful tenderer shall take a have been completed and for which the tender has not reference sample in accordance with the method laid been accepted. down in Commission Regulation (EEC) No 689/92 (').

2. The obligation to export from the Community and Where the final results of the analysis of the sample indi­ import into Algeria shall be covered by a security amoun­ cate a significant difference between the quality of the ting to ECU 50 per tonne of durum wheat of which ECU durum wheat to be removed and the quality as described 25 per tonne shall be lodged upon issue of the licence for in the notice of invitation to tender referred to in Article the export of meal for the corresponding quantity of 1 of this Regulation, the successful tenderer may refuse durum wheat and the balance of ECU 25 per tonne the merchandise. before removal of the cereals.

A significant difference shall be a specific weight of less Notwithstanding Article 1 5 (2) of Commission Regulation than 76 kg/hi, a level of broken grains of more than 9 % (EEC) No 3002/92 (2), the amount of ECU 50 per tonne of and a discrepancy of one percentage point for the mois­ durum wheat corresponding to the processed meal must ture content, ten points for the Hagberg falling index, one be released within 15 working days of the date on which percentage point for the protein content, ten percentage the successful tenderer submits proof that the meal has points for the impurities referred to under B.2, B.3 and arrived in Algeria. B.4 and a half a percentage point for the impurities referred to under B.5, the percentage admissible for 3 . Except in duly substantiated exceptional cases, in noxious grains, damaged grains and ergot, however, particular the opening of an administrative enquiry, any remaining as laid down in the Annex to Regulation (EEC) No 689/92. release of the securities provided for in this Article after the time limits specified herein shall confer an entitle­ ment to compensation from Greece amounting to ECU 3 . Where the successful tenderer refuses the merchan­ 0,015 per 10 tonnes of meal for each day's delay. Such compensation shall not be charged to the European Agri­ dise, as provided for in the second subparagraph of para­ cultural Guidance and Guarantee Fund (EAGGF). graph 2 above, the Greek intervention agency shall supply him with another lot of intervention durum wheat of the requisite quality, at no extra charge, within eight days. 4. The primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 f) shall be payment of the purchase price for the 4. If removal of the durum wheat is delayed by more durum wheat and export of the durum wheat meal within than five days with relation to the date of acceptance of the time limit laid down under cover of the export licence the lot to be removed by the successful tenderer for referred to in Article 4 (3). reasons imputable to the Greek intervention agency, the

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.

3 . 2. 94 Official Journal of the European Communities No L 30/39

Article 12 — Griesmeel zonder recht op restitutie, bestemd voor Algerije — Verordening (EG) nr. 242/94, 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 ? 242/94. — 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° 242/94, zone schemes is prohibited. — Groft mel fra intervention uden restitutionsydelse bestemt for Algeriet — Forordning (EF) nr. 242/94, Article 13 — Feinhartweizengrieß ohne Ausfuhrerstattung, Bestim­ mung Algerien — Verordnung (EG) Nr. 242/94, — 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 Regulation. It shall inform the Commission weekly, Κανονισμός (ΕΚ) αριθ. 242/94, 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 242/94, — Semoule de blé dur d intervention ne donnant pas droit à restitution, destinée à l'Algérie — Règlement Article 14 (CE) n0 242/94, — 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. 242/94, 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 30/40 Official Journal of the European Communities 3 . 2. 94

ANNEX I

Regions in which durum wheat is stored in Greece

(tonnes) Region of storage Quantities

Magnissia 13 446 Kastoria 9 186 Fiorina 3 214 Chalkidiki 3 035 Evvia 510 Viotia 386 Larissa 46 485 Karditsa 1 549 Thessaloniki 8 294 Kilkis 2 583 Fthiotida 2 965 Samothraki 682 Imathia 1 180 Serres 4 940 Xanthi 9 490 Evrou 2 055

ANNEX II

Standing invitation to tender for 110 000 tonnes of durum wheat held by the Greek intervention agency for export in the form of durum wheat meal to Algeria

1 I 2 3 4 5 6 I 7~'

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