31994R0614

19 . 3 . 94 No L 77/31 Official Journal of the European Communities

COMMISSION REGULATION (EC) No 614/94 of 18 March 1994 authorizing the French and German intervention agencies to put up for sale by tender 225 000 tonnes of maize for export in the form of maize groats and meal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, rules, in particular those laid down in Regulation (EEC) No 2131 /93 ;

Having regard to the Treaty establishing the European Whereas to ensure that the operation is carried out Community, smoothly and to aviod any disturbance of the internal market, it should be stipulated that securities may be released only after presentation of proof that the maize Having regard to Council Regulation (EEC) No 1766/92 groats and meal have left the Community's customs terri­ of 30 June 1992 on the common organization of the tory ; market in cereals ('), as amended by Commission Regula­ tion (EEC) No 2193/93 (2), and in particular Article 5 Whereas,where removal of the maize is delayed by more thereof, than five days or the release of one of the required securi­ ties is delayed for reasons imputable to the intervention agency, the Member State concerned should pay compen­ Whereas Commission Regulation (EEC) No 2131 /93 (3), sation ; as last amended by Regulation (EC) No 120/94 (4), lays down the procedures and conditions for the disposal of Whereas the French and German intervention agencies cereals held by intervention agencies ; should take all additional measures compatible with the provisions in force to ensure that the scheme operates Whereas on the one hand the French and German inter­ smoothly and that the Commission is kept informed ; vention agencies have large stocks of maize and on the other hand there is a heavy demand for maize groats and Whereas the conclusion of new contracts requires the meal on the world market ; whereas the resale of part of measure to be implemented as a matter of urgency, the maize from French and German intervention stocks, for export on world market terms in the form of maize groats and meal after processing, should therefore be permitted ; whereas provision should be made for inter­ HAS ADOPTED THIS REGULATION : vention stocks to be used to supply the Community processing industry during the period 23 March to 25 May 1994 at competitive prices ; Article 1

Whereas, to avoid interference with the economic effects 1 . The French and German intervention agencies are authorized to issue a standing invitation to tender for the of the following market year, the maize groats and meal must be exported by 31 August 1994 at the latest ; sale on the Community market of 225 000 tonnes of maize.

Whereas conversion rate should be set to determine the 2. A corresponding quantity of maize groats and meal quantity of maize groats and meal to be exported on the must be exported to third countries, in accordance with basis of the maize used ; the coefficients referred to in Article 6.

3. The regions in which the maize is stored are listed Whereas the specific nature of the operation requires in Annex I. greater flexibility in the mechanisms and obligations governing the resale of intervention stocks and the exclu­ 4. The intervention agencies shall publish the notice of sion of any refund or monthly increase ; whereas special invitation to tender referred to in Article 12 of Regulation procedures must be laid down to ensure that the opera­ (EEC) No 2131 /93 at least three days before the date set tions are properly carried out and monitored ; whereas to for the first partial invitation to tender. that end provision should be made for a system of securi­ ties to ensure that the aims of the measure are achieved without placing excessive burdens on operators ; whereas Article 2 derogations should accordingly be made from certain

Subject to the provisions of this Regulation, the sales of (■) OJ No L 181 , 1 . 7. 1992, p. 21 . maize referred to in Article 1 shall take place in accor­ (2) OJ No L 196, 5. 8 . 1993, p. 22. (3) OJ No L 191 , 31 . 7. 1993, p. 76. dance with the procedure and conditions laid down in (4) OJ No L 21 , 26. 1 . 1994, p. 1 . Regulation (EEC) No 2131 /93.

No L 77/32 Official Journal of the European Communities 19 . 3 . 94

Article 3 Invitation to tender opened by Regulation (EC) No 614/94 — Tender dated , 1 . The time limit for submitting tenders for the first Adjudication ouverte par le règlement (CE) n° 614/94 — partial invitation to tender shall be 10 a.m. (Brussels time) offre du , on Wednesday 23 March 1994. Gara bandita dal regolamento (CE) n. 614/94 — offerta 2. The time limit for submitting tenders for the subse­ del , quent partial invitations to tender shall be 1 p.m. (Brussels Inschrijving geopend bij Verordening (EG) nr. 614/94 — time) each Wednesday. Offerte van , The time limit for the last partial invitation to tender Concurso aberto pelo Regulamento (CE) n? 614/94 — shall be 25 May 1994. Proposta de

3 . Tenders must be submitted to the French and 4. Notwithstanding Article 9 of Commission Regula­ German intervention agbencies. tion (EEC) No 3719/88 ('), the rights deriving from the licence referred to in this Article shall not be transferable. Article 4 Article 6 1 . Interested parties shall submit a tender to the competent . French and German authorities either in For the determination of the quantity of maize groats and writing against an acknowledgement of receipt or by meal to be exported, the quantity of maize awarded shall telex, telegram or fax. be divided by the following :

2 . The tender shall indicate : 1,8 where the product falls within code 1103 13 10 100 — the reference of the invitation to tender, 1,4 where the product falls within code 1103 13 10 300 — the name and full address of the tenderer and, where 1,2 where the product falls within code 1103 13 10 500. appropriate, his telex or fax number, — the quantity of maize to be exported in the form of Article 7 graots and meal, 1 . The French and German intervention agencies shall — the proposed purchasing price per tonne in ecus. inform the Commission of the tenders received within 3 . Tenders must be accompanied by an application for two hours of the expiry of the time limit for the submis­ sion of tenders. The information must be sent in the form an export licence for maize groats and meal falling within laid down in Annex II to one of the telex or fax numbers product codes : 1103 13 10 100, 1103 13 10 300 or 1103 13 10 500 . listed in Annex III .

4. Tenders may not be for more than the maximum Where no tenders are receieved, the agency concerned quantity available for each time limit for submitting shall inform the Commission within the same time limit. tenders . 2. The French and German intervention agencies shall 5. Tenders not submitted in accordance with para­ inform the Commission on a monthly basis of the quanti­ graphs 1 to 4 or which contain conditions other than ties of maize removed pursuant to this Regulation. those laid down in the invitation to tender shall be invalid . Article 8

Article 5 1 . On the basis of the tenders submitted and notified, the Commission shall decide, in accordance with the 1 . No export refund shall be granted for exports carried procedure laid down in Article 23 of Regulation (EEC) out pursuant to this Regulation . No 1766/92 :

2. Customs export formalities for maize groats and — either to fix a minimum selling price, meal equivalent to that which would be obtained from — or not to proceed with the invitation to tender. the cereals awarded must be completed within 90 days of the date of the award and not later than 31 August 1994. 2. Where a minimum selling price is fixed, the contract shall be awarded to the tenderers) submitting 3 . Export licences issued under this invitation to tender offers at or above that minimum price. must bear the following entry in section 22 : Licitación abierta en virtud del Reglamento (CE) nü Article 9 614/94 — Oferta de Licitation, der er åbnet i henhold til forordning (EF) nr. 1 . The successful tenderer shall notify the storer and 614/94 — Bud af , the intervention agency in writing at least 10 days in advance of his intention to remove the merchandise . Ausschreibung gemäß Verordnung (EG) Nr. 614/94 — Gebot vom Removal must take place by 30 June 1994 at the latest. Δημοπρασία που πραγματοποιείται βάσει του κανο­ νισμού (ΕΚ) αριS. 614/94 — προσφορά της , (') OJ No L 331 , 2. 12. 1988 , p. 1 .

19 . 3 . 94 Official Journal of the European Communities No L 77/33

2. Before the lot awarded is removed, the intervention within 15 working days of the date on which the agencies and the successful tenderer shall take a reference successful tenderer submits proof that the maize groats sample in accordance with the method laid down in and meal have left the Community's customs territory. Commission Regulation (EEC) No 689/92 ('). 3 . Except in duly substantiated exceptional cases, in Where the final results of the analysis of the sample indi­ particular the opening of an administrative enquiry, any release of the securities provided for in this Article after cate a significant difference between the quality of the maize to be removed and the quality as described in the the time limits specified herein shall confer an entitle­ notice of invitation to tender referred to in Article 1 of ment to compensation from the Member State amounting this Regulation, the successful tenderer may refuse the to ECU 0,015 per 10 tonnes of groats and meal for each merchandise. day's delay. Such compensation shall not be charged to the European Agriculture Guidance and Guarantee Fund. A significant difference shall be a discrepancy of more than a kilogram for the specific weight, one percentage 4. The primary requirement within the meaning of point for the moisture content, one percentage point for Article 20 of Commission Regulation (EEC) No 2220/85 shall be payment of the purchase price for the maize and the impurities referred to under B.2 and B.4 and one export of the groats and meal within the time limit laid percentage point for the impurities referred to under B.5, the percentage admissible for noxious grains, however, down under cover of the export licence referred to in remaining as laid down in the Annex to Regulation (EEC) Article 1 (3). No 689/92. Article 12 3 . Where the successful tenderer refuses the merchan­ dise, as provided for in the second subparagraph of para­ 1 . Notwithstanding Article 12 of Regulation (EEC) No graph 2, the intervention agency concerned shall supply 3002/92, the export licence for the maize groats and meal him with another lot of intervention maize of the requi­ must bear the words : site quality, at no extra charge, within eight days. Grañones y sémola de maíz sin derecho a restitución — 4. If removal of the maize is delayed by more than five Reglamento (CE) n° 614/94, days after the date of acceptance of the lot to be removed Gryn og groft mel af majs uden restitutionsydelse — by the successful tenderer for reasons imputable to the Forordning (EF) nr. 614/94, intervention agencies, the Member State shall be respon­ Grob- und Feingrieß von Mais ohne Ausfuhrerstattung — sible for the payment of compensation. Verordnung (EG) Nr. 614/94, Πλιγουρια και σιμιγδάλια αραβοσίτου που δεν Article 10 παρέχουν δικαίωμα επιστροφής — Κανονισμός (ΕΚ) αριθ. 614/94, The successful tenderer shall pay for the maize before Maize groats and meal not eligible for refund — Regula­ removing it at the price indicated in the tender. The tion (EC) No 614/94, payment due for each of the lots to be removed shall be Gruaux et semoule de maïs ne donnant pas droit a restitu­ indivisible . tion — Règlement (CE) n0 614/94, Semole e semolini di granturco che non danno diritto a Article 11 restituzione — Regolamento (CE) n. 614/94, Gries en griesmeel van maïs zonder recht op restitutie — 1 . The security lodged pursuant to Article 13 (4) of Verordening (EG) nr. 614/94, Regulation (EEC) No 2131 /93 must be released for the Grumos e sêmolas de milho sem direito a restituição — corresponding quantities of maize once the licences for Regulamento (CE) n? 614/94. the export of maize groats and meal have been issued to the successful tenderers, and for the quantities for which 2. The use of one of the customs warehousing or free the tender has not been accepted. zone schemes is prohibited.

2. The obligation to export from the Community shall Article 13 be covered by a security amounting to ECU 50 per tonne of maize, of which ECU 25 per tonne shall be lodged upon issue of the licence for the export of maize groats The French and German intervention agencis shall take all necessary steps to ensure compliance with the provi­ and meal, for the corresponding quantity of maize and sions of this Regulation . It shall inform the Commission the balance of ECU 25 per tonne before removal of the cereals . weekly, within the Management Committee for Cereals, of the progress of the invitation to tender. Notwithstanding Article 15 (2) of Commission Regulation (EEC) No 3002/92 (2), the amount of ECU 50 per tonne of Article 14 maize processed into groats and meal must be released This Regulation shall enter into force on the day of its (') OJ No L 74, 20. 3. 1992, p. 18 . publication in the Official Journal of the European (2) OJ No L 301 , 17. 10 . 1992, p. 17. Communities.

No L 77/34 Official Journal of the European Communities 19 . 3 . 94

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

Done at Brussels, 18 March 1994.

For the Commission Rene STEICHEN Member of the Commission

ANNEX I

Regions of storage

(tonnes)

Region of storage Quantities

FRANCE : — Amiens 10 000 — Bordeaux 1 5 000 — Clermont-Ferrand 6 000 — Dijon 10 000 — Lille 7 000 — Lyon 20 000 — Nancy 15 000 — Nantes 10 000 — Orleans 1 5 000 — Paris 10 000 — Poitiers 10 000 — Rouen 7 000 — Toulouse 15 000

GERMANY : — Hessen/Rheinland-Pfalz/Baden-Wurttemberg/ Saarland/Bayern 74 577

19 . 3 . 94 Official Journal of the European Communities No L 77/35

ANNEX II

Standing invitation to tender for 225 000 tonnes of maize held by the the French and German intervention agencies for export in the form of maize groats and meal

1 2 3 4 5 Increases ( + ) Registration Offer price and number of Lot No Quantity in tonnes ( ECU/tonne) reductions ( — ) 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