31994R0494

5. 3 . 94 No L 62/27 Official Journal of the European Communities

COMMISSION REGULATION (EC) No 494/94 of 4 March 1994 authorizing the French intervention agency to put up for sale by tender 500 000 tonnes of common wheat for export in the form of wheat flour

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas to ensure that the operation is carried out smoothly and to avoid any disturbance of the internal market, it should be stipulated that securities may be Having regard to the Treaty establishing the European released only after presentation of proof of the flour's exit Community, from the Community's customs territory ;

Having regard to Council Regulation (EEC) No 1766/92 Whereas, where removal of the common wheat is delayed of 30 June 1992 on the common organization of the by more than five days or the release of one of the market in cereals ('), as amended by Commission Regula­ required securities is delayed for reasons imputable to the tion (EEC) No 2193/93 (2), and in particular Article 5 intervention agency, France should pay compensation ; thereof, Whereas the Member States are to take all additional Whereas Commission Regulation (EEC) No 2131 /93 (3), measures compatible with the provisions in force to as last amended by Regulation (EC) No 120/94 (4), lays ensure that the scheme operates smoothly and that the down the procedures and conditions for the disposal of Commission is kept informed ; cereals held by intervention agencies ; Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its Whereas the French intervention agency has large stocks chairman, of breadmaking common wheat ; whereas there is a heavy demand for wheat flour on the world market ; whereas the resale of part of the wheat from French intervention stocks, for export on world market terms in the form of HAS ADOPTED THIS REGULATION : wheat flour after processing, should therefore be permitted ; whereas provision should be made for inter­ vention stocks to be used to supply the Community Article 1 export milling industry during the period 10 March to 27 April 1994 at competitive prices ; 1 . The French intervention agency is hereby author­ ized to issue a standing invitation to tender for the sale on Whereas, to avoid interference with the economic effects the Community market of 500 000 tonnes of common of the following market year, the flour must be exported wheat. by 30 June 1994 at the latest ; 2. A maximum of 365 000 tonnes of wheat flour for Whereas the conclusion of new contracts requires the human consumption must be exported to third countries, measure to be implemented as a matter of urgency ; equal to the quantity of common wheat awarded divided by the coefficient referred to in Article 6. Whereas a conversion rate should be set to determine the 3 . The regions in which the 500 000 tonnes of quantity of wheat flour to be exported on the basis of the common wheat are stored are listed in Annex I. common wheat used ; 4. The French intervention agency shall prepare a Whereas the operation requires greater flexibility in the notice of invitation to tender indicating for each lot or, mechanisms and obligations governing the resale of inter­ where appropriate, each part lot : vention stocks and the exclusion of any refund or — the location, and monthly increase ; whereas special procedures must be laid down to ensure that the operations are properly — at least the following : carried out and monitored ; whereas to that end provision — the specific weight, should be made for a system of securities to ensure that — the moisture content, the aims of the measure are achieved without placing excessive burdens on operators ; whereas derogations — the Hagberg falling number, should accordingly be made from certain rules, in parti­ — the impurity and sprouted grain contents, cular those laid down in Regulation (EEC) No 2131 /93 ; — the protein content. (') OJ No L 181 , 1 . 7. 1992, p. 21 . 5. It shall publish the notice of invitation to tender at 0 OJ No L 196, 5. 8. 1993, p. 22. 0 OJ No L 191 , 31 . 7. 1993, p. 76. least three days before the date set for the first partial (4) OJ No L 21 , 26. 1 . 1994, p. 1 . invitation to tender.

No L 62/28 Official Journal of the European Communities 5 . 3 . 94

Article 2 awarded must be completed within 90 days of the date of the award and not later than 30 June 1994. Subject to the provisions of this Regulation, the sales of common 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 494/94 — 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 10 a.m. (Brussels time) on Thursday 10 March 1994. Article 6 2. The time limit for submitting tenders for the subse­ For the determination of the quantity of wheat flour to be quent partial invitations to tender shall be 1 p.m. (Brussels exported, the quantity of common wheat awarded shall be time) each Wednesday. divided by a coefficient of 1,37. The time limit for the last partial invitation to tender Article 7 shall be 27 April 1994.

3 . Tenders must be submitted to the French interven­ 1 . The French intervention agency shall inform the Commission of the tenders received within two hours of tion agency. the expiry of the time limit for the submission of tenders. The information must be sent in the form laid down in Article 4 Annex II to one of the telex or fax numbers listed in Annex III . 1 . Interested parties shall submit a tender to the competent French authorities either in writing against an Where no tenders are received, the agency shall inform the Commission within the time limit laid down in the acknowledgment of receipt or by telex, telegram or fax. preceding subparagraph . 2. The tender shall indicate : 2. It shall inform the Commission on a monthly basis — the reference of the invitation to tender, of the quantities of common wheat removed pursuant to — the name, full address and telex or fax number of the this Regulation. tenderer, Article 8 — the quantity of common wheat to be exported in the form of flour, 1 . On the basis of the tenders submitted and notified, — the proposed purchasing price per tonne in ecus. the Commission shall decide, in accordance with the procedure laid down in Article 23 of Regulation (EEC) 3. Tenders must be accompanied by : No 1766/92 :

— an application for an export licence for wheat flour — either to fix a minimum selling price, falling within product code 1101 00 00 100, — or not to proceed with the invitation to tender. — proof that the tenderer has lodged a security of ECU 5 per tonne. 2. Where a minimum selling price is fixed, the contract shall be awarded to the tenderer submitting 4. Tenders may not be for more than the maximum offers at or above that minimum price. quantity available for each time limit for submitting tenders . 3. The competent French authority shall inform all tenderers in writing of the result of their tender as soon as the award referred to in paragraph 2 has been made. 5. Tenders not submitted in accordance with para­ graphs 1 , 2 and 3 or which contain conditions other than those laid down in the invitation to tender shall be Article 9 invalid . 1 . The successful tenderer shall notify the storer and 6. Tenders may not be withdrawn. the intervention agency in writing at least 10 days in advance of his intention to remove the merchandise.

Article 5 2. Before the lot awarded is removed, the intervention agency and the successful tenderer shall take a reference 1 . No export refund shall be granted for exports carried sample in accordance with the method laid down in out pursuant to this Regulation. Commission Regulation (EEC) No 689/92 (2). Where the

2. Customs export formalities for wheat flour equiva­ (') OJ No L 331 , 2. 12. 1988, p. 1 . lent to that which would be obtained from the cereals 0 OJ No L 74, 20. 3. 1992, p. 18 .

5. 3. 94 No L 62/29 Official Journal of the European Communities

final results of the analysis of the sample indicate a signi­ which the successful tenderer submits proof that the ficant difference between the quality of the common wheat flour has left the Community's customs territory. wheat to be removed and the quality as described in the notice of invitation to tender referred to in Article 1 of 3. Except in duly substantiated exceptional cases, in particular the opening of an administrative enquiry, any this Regulation, the successful tenderer may refuse the merchandise . release of the securities provided for in this Article after the time limits specified herein shall confer an entitle­ A significant difference shall be a discrepancy of more ment to compensation from France amounting to ECU than a kilogram for the specific weight, one percentage 0.015 per tonnes of flour for each day's delay. Such point for the moisture content, 10 points for the Hagberg compensation shall not be charged to the European Agri­ falling index, one percentage point for the protein cultural Guidance and Guarantee Fund (EAGGF). content, one percentage point for the impurities referred 4. The primary requirement within the meaning of to under B.2 and B.4 one percentage point for the impu­ Article 20 of Commission Regulation (EEC) No rities referred to under B.5, the percentage admissible for 2220/85 (2) shall be payment of the purchase price for the noxious grains and ergot, however, remaining as laid down in the Annex to Regulation (EEC) No 689/92. common wheat and export of the wheat flour within the time limit laid down under cover of the export licence 3 . Where the successful tenderer refuses the merchan­ referred to in Article 4 (3). dise, as provided for in the second subparagraph of para­ graph 2 above, the French intervention agency shall Article 12 supply him with another lot of intervention common wheat of the requisite quality, at no extra charge, within 1 . Notwithstanding Article 1 2 of Regulation (EEC) No eight days. 3002/92, the export licence for the wheat flour must bear the words : 4. If removal of the common wheat is delayed by more than five days with relation to the date of acceptance of — Harina de trigo blando sin derecho a restitución — the lot to be removed by the succesful tenderer for Reglamento (CE) n° 494/94, reasons imputable to the intervention agency, the — Mel af blød hvede uden restitutionsydelse — Forord­ Member State shall be responsible for the payment of ning (EG) nr. 494/94, compensation. — Weichweizenmehl ohne Ausfuhrerstattung — Verord­ nung (EG) Nr. 494/94, 5. All risks and storage costs shall be borne by the successful tenderer from the time of removal . — Άλευρα σίτου που δεν παρέχουν δικαίωμα επι­ στροφής — Κανονισμός (ΕΚ) αριθ. 494/94, Article 10 — Common wheat flour not eligible for refund — Regu­ lation (EC) No 494/94, The successful tenderer shall pay for the common wheat — Farine de froment ne donnaint pas droit à restitution before removing it at the price indicated in the tender. — Règlement (CE) n0 494/94, The payment due for each of the lots to be removed shall — Farina di frumento tenero non dante diritto a restitu­ be indivisible. zione — Regolamento (CE) n . 494/94, — Meel van zachte tarwe zonder recht op restitutie — Article 11 Verordening (EG) nr. 494/94, — Farinha de trigo mole que não dá direito a uma resti­ 1 . The security lodged pursuant to Article 13 (4) of tuição — Regulamento (CE) n ? 494/94. Regulation (EEC) No 2131 /93 must be released for the corresponding quantities of common wheat once the 2. The use of one of the customs warehousing or free licences for the export of flour have been issued to the zone schemes is prohibited. successful tenderers and for the quantities for which the tender has not been accepted. Article 13 2. The obligation to export from the Community shall The French intervention agency shall take all necessary be covered by a security amounting to ECU 50 per tonne steps to ensure compliance with the provisions of this of common wheat, of which ECU 25 per tonne shall be Regulation. It shall inform the Commission weekly, lodged upon issue of the licence for the export of flour, within the Management Committee for Cereals, of the for the corresponding quantity of common wheat and the progress of the invitation to tender. balance of ECU 25 per tonne before removal of the cereals . Article 14 Notwithstanding Article 1 5 (2) of Commission Regulation (EEC) No 3002/92 ('), the amount of ECU 50 per tonne of This Regulation shall enter into force on the day of its common wheat corresponding to the processed flour publication in the Official Journal of the European must be released within 15 working days of the date on Communities.

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

No L 62/30 Official Journal of the European Communities 5. 3 . 94

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

Done at Brussels, 4 March 1994.

For the Commission

Rene STEICHEN Member of the Commission

5 . 3 . 94 No L 62/31 Official Journal of the European Communities

ANNEX I

Regions of storage in France

(tonnes)

Region of storage Quantities

Bordeaux 1 5 000 Dijon 10 300 Nantes 20 000 Nancy 30 000 Orleans 15 000 Paris 98 000 Poitiers 14 000 Rouen 197 000 Gent (Belgium) 100 000

ANNEX II

Standing invitation to tender for 500 000 tonnes of common wheat held by the French intervention agency for export in the form of durum wheat flour

1 2 3 4 I 5

Increases ( + ) Registration Offer price and number of Lot No Quantity in tonnes (ECU/tonne) reductions ( — ) the tender C ) (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