31994R1447

No L 157/ 10 Official Journal of the European Communities 24. 6 . 94

COMMISSION REGULATION (EC) No 1447/94 of 23 June 1994 authorizing certain intervention agencies to put up for sale by tender 500 000 tonnes of common wheat for export in the form of flour

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman, Having regard to the Treaty establishing the European Community,

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1972 on the common organization of the market in cereals ('), as amended by Commision Regula­ Article 1 tion (EEC) No 2193/93 (2), and in particular Article 5 thereof, The intervention agencies of the Member States listed below are hereby authorized to issue an invitation to Whereas Commission Regulation (EEC) No 2131 /93 (3), tender for the sale on the Community market of 500 000 tonnes of common wheat in accordance with Article 4 of as amended by Regulation (EC) No 1 20/94 (4), lays down the procedure and conditions for the disposal of cereals Regulation (EEC) No 2131 /93, as follows : held by invitation agencies ; (tonnes) Belgium 25 000 Whereas the Community cereal year begins on 1 July ; Denmark 5 000 whereas, however, in the north of the Community the Germany (*) 1 50 000 common wheat harvest is not available until August ; France 0 320 000 whereas, as a result, millers working for export in the Community suffer from supply problems ; whereas, there­ o Of which a part is stocked in the Benelux. fore, provision should be made for supplies to the latter in the period from 1 July to 15 August from intervention stocks at terms competitive with the market prices for the new harvest ; Article 2

1 . The invitation to tender shall be open from 1 July Whereas a conversion rate should be set to determine the to 15 August 1994. quantity of flour to be exported on the basis of the common wheat used ; 2. A quantity of common wheat flour for human consumption equal to the quantity of common wheat awarded divided by the coefficient referred to in Article 5 Whereas, to ensure that the operation is carried out must be exported to third countries. smoothly, it should be stipulated that securities may be released only after completion of customs export formali­ Tenders shall be valid only if they : ties to avoid any disturbance of the market ; — are accompanied by an application for an export licence for common wheat flour having an ash Whereas the Member States are to take all additional content of 0 to 600 mg per 100 g with an application measures compatible with the provisions in force to for advance fixing of the refund set for the relevant ensure that the scheme operates smoothly and that the quality, Commission is kept informed ; — are accompanied by evidence that the tenderer has lodged a security of ECU 5 per tonne, Whereas, Commission Regulation (EEC) No 2220/85 (*), — are accompanied by a written undertaking from the as amended by Regulation (EC) No 3403/93 (6), lays down tenderer to lodge, at the latest on payment of the common detailed rules for the application of the system goods, a security covering any difference between the of securities for agricultural products ; price provided for in Article 5 (3) of Regulation (EEC) No 2131 /93 and that indicated in the tender. (») OJ No L 181 , 1 . 7. 1992, p. 21 . (2) OJ No L 196, 5. 8 . 1993, p. 22. (3) OJ No L 191 , 31 . 7. 1993, p. 76. Article 3 (4) OJ No L 21 , 26. 1 . 1994, p. 1 . 0 OJ No L 205, 3. 8 . 1985, p. 5. ¥) OJ No L 310, 14. 12. 1993, p. 4. The minimum sales price shall be ECU 107 per tonne.

24 . 6 . 94 Official Journal of the European Communities No L 157/ 11

Article 4 2. The securities referred to in the third indent of the second subparagraph of Article 2 (2) shall be released for 1 . The customs export formalities for the quantity of the corresponding quantities of flour for which evidence flour equivalent to that obtained from cereals must be of export has been furnished. completed within 30 days following the date of the award 3. The primary requirement within the meaning of and not later than 31 August 1994. Article 20 of Regulation (EEC) No 2220/85 shall be 2. Export licences issued under this invitation to tender payment of the selling price and export within the time must bear the following entry in Section 22 : limit laid down for the common wheat flour under the export licence referred to in Article 4. 'Invitation to tender issued by Regulation (EC) No 1447/94 — Tender from Evidence to be furnished shall be that applicable for the security for the export licence issued following award of the contract. Article 5 Article 7 For the determination of the quantity of flour to be exported, the quantity of common wheat awarded shall be The intervention agencies concerned shall take all neces­ divided by a coefficient of 1,37. sary steps to ensure compliance with the provisions of this Regulation. They shall provide each other with all Article 6 necessary information and shall inform the Commission weekly, within the Management Committee for Cereals, 1 . The securities referred to in the second indent of the of progress of the invitation to tender. second subparagraph of Article 2 (2) shall be released : Article 8 — for the quantities for which the tender has not been accepted, or This Regulation shall enter into force on the third day — in all other cases, in accordance with Title V of Regu­ following its publication in the Official Journal of the lation (EEC) No 2220/85. European Communities.

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

Done at Brussels, 23 June 1994.

For the Commission Rene STEICHEN Member of the Commission