31994R2458
12 . 10 . 94 Official Journal of the European Communities No L 262/21
COMMISSION REGULATION (EC) No 2458/94 of 10 October 1994 on the issuing of standing invitations to tender for the sale of common wheat of breadmaking quality held by the French and German intervention agencies for export to certain ACP countries in the 1994/95 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, in addition to the conditions laid down in Article 30 of Commission Regulation (EEC) Having regard to the Treaty establishing the European No 3719/88 (*), as last amended by Regulation (EC) Community, No 3519/93 (6), provision should be made for the release for consumption in the ACP State(s) laid down in the Having regard to Council Regulation (EEC) No 1766/92 Regulation ; of 30 June 1992 on the common organization of the market in cereals ('), as last amended by Regulation (EC) Whereas, where removal of the wheat is delayed by more No 1866/94 (2), and in particular Article 5 thereof, than five days, or the release of one of the securities required is delayed, for reasons imputable to the interven Whereas Commission Regulation (EEC) No 2131 /93 (3), tion agency the Member State concerned will have to pay as amended by Regulation (EC) No 1 20/94 (4), lays down compensation ; the procedure and conditions for the disposal of cereals held by intervention agencies ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Whereas, with a view to supplying the markets of the Committee for Cereals, ACP countries, favoured partners of the Community, significant quantities of common wheat are required ; whereas these markets are usually supplied on the basis of HAS ADOPTED THIS REGULATION : annual contracts to ensure stable prices for the ACP countries over a long period ; whereas it is therefore necessary to issue a specific invitation to tender to ensure that users in these countries have access to common Article 1 wheat of breadmaking quality in the 1994/95 marketing year under conditions appropriate to the highly compet 1 . Two standing invitations to tender are hereby issued itive situation on the world market ; for the 1994/95 marketing year for the export of :
— 500 000 tonnes of common wheat of breadmaking Whereas the French and German intervention agencies quality, held by the French intervention agency, hold significant stocks of common wheat of high bread making quality ; whereas part of the wheat coming from — 1 50 000 tonnes of common wheat of breadmaking the intervention stocks held by the aforementioned agen quality, held by the German intervention agency. cies should therefore be resold to the ACP countries so as to meet their quantitative and qualitative needs ; whereas 2. The common wheat must be exported to an ACP to avoid encroaching on the economic effects of the fol State or to several States within one of the groups of ACP States listed in Annex I. lowing marketing year, the common wheat successfully tendered for must be sent to the countries of destination by 31 August 1995 at the latest ; 3. The regions in which the 500 000 tonnes of French and 1 50 000 tonnes of German common wheat of bread Whereas the specific nature of the operation and the making quality are stored are listed in Annex II . accounting position of the common wheat in question require greater flexibility in the mechanisms and obliga 4. The intervention agencies concerned shall prepare a tions governing the resale of intervention stocks and also notice of invitation to tender indicating for each lot or, require the exclusion of any refund or monthly increase ; where appropriate, each part lot : whereas special procedures must be laid down to ensure — the location, that the operations and their monitoring are properly effected ; whereas to that end provision should be made — and at least the following features : for a security lodgment scheme which ensures that the — specific weight, aims are met while avoiding excessive costs for the opera — moisture content, tors ; whereas derogations should accordingly be made to certain rules, in particular those laid down in Regulation — Hagberg falling number, (EEC) No 2131 /93 ; — impurity contents and sprouted grains, — protein content. (») OJ No L 181 , 1 . 7. 1 992, p. 21 . (2) OJ No L 197, 30 . 7. 1994, p. 1 . (3) OJ No L 191 , 31 . 7. 1993 , p. 76. 0 OJ No L 331 , 2. 12. 1988 , p. 1 . (4) OJ No L 21 , 26. 1 . 1994, p. 1 . (6) OJ No L 320, 22. 12. 1993, p. 16.
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5. They shall publish the notice of invitation to tender concerned, he shall be required to mention this in his at least two days before the date set for the first partial bid. invitation to tender. When transmitting the tenders submitted, the Member States shall inform the Commission of the above, Article 2 mentioning if necessary the names of the tenderers involved.
Subject to the provisions of this Regulation, the sales of common wheat of breadmaking quality referred to in Article 1 shall take place in accordance with the pro Article 5 cedure and conditions laid down by Regulation (EEC) No 2131 /93 . 1 . No export refund shall be granted for exports carried out pursuant to this Regulation.
Article 3 2. The validity of the export licences issued in ac cordance with this Regulation shall expire on 30 June 1 . The time limit for submitting tenders for the first 1995. partial invitations to tender shall be 9 p.m. (Brussels time) on Thursday 13 October 1994. 3. The licence obliges the operator to export to the ACP State or States for which the licence application was 2. The time limit for submitting tenders for the second submitted. However, up to a limit of 10 % of the quantity partial invitation to tender shall be 9 p.m. (Brussels time) for which the licence was issued, the operator may effect on the following Thursday. his contract at another destination on condition that it belongs to the same group of countries listed in Annex I. The time limit for the last partial invitation to tender shall be 27 October 1994 . 4. The export licences shall be issued as soon as the successful tenderers have been selected. 3 . Tenders must be submitted to the intervention agency in question . 5. Article 9 of Commission Regulation (EEC) No 3719/88 (') notwithstanding, the rights deriving from the licence referred to in this Article shall not be trans ferable . Article 4
1 . Tenders shall only be admissible if : Article 6 — the tenderer provides written proof from an official body in the country of destination or a company 1 . The successful tenderer shall notify the storer and having its overseas subsidiary in the said country, that the intervention agency in writing of his intention to he has concluded for the quantity in question a remove the merchandise at least 10 days in advance. commercial supply contract for common wheat of breadmaking quality for export to an ACP State or to several States within one of the groups of ACP States 2. Before the lot awarded is removed, the intervention listed in Annex I. Such proof shall be lodged with the agency and the successful tenderer shall take a reference intervention agency at least two working days before sample in accordance with the method laid down in the date of the first invitation to tender, Commission Regulation (EEC) No 689/92 (2) and shall analyse that sample. — they are accompanied by an application for an export licence for the destination in question. (a) Where the final results of the analysis of the sample indicate a difference between the quality of the bread-making wheat to be removed and the quality as The proof provided for in the first indent shall also indi described in the notice of invitation to tender, which cate the quality provided for in the contract, the time nevertheless remains within a limit of up to : limit for delivery and the price terms. — 2 kg/hi for the specific weight, which must not The Member State shall send the Commission a copy of however be less than 72 kg/hi, the said proof forthwith, for information. — one percentage point for the moisture content, 2. Tenders may not exceed the quantity laid down in — 10 points for the Hagberg falling index, the commercial contract submitted. Where on the basis of the said contract the tenderer simultaneously participates (■) OJ No L 331 , 2. 12. 1988 , p. 1 . in invitations to tender in the two Member States (2) OJ No L 74, 20. 3 . 1992, p. 18 .
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— one percentage point for the protein content, Article 7 — half a percentage point for the impurities referred The successful tenderer shall pay for the common wheat to in points B.2 and B.4 of the Annex to Regula before removing it at the price indicated in the tender. tion (EEC) No 689/92, The payment due for each of the lots to be removed shall — half a percentage point for the impurities referred be indivisible. to in point B.5 of the Annex to Regulation (EEC) No 689/92, the percentages admissible for noxious Article 8 grains and ergot however remaining unchanged, 1 . The security lodged pursuant to Article 13 (4) of the following provisions shall apply : Regulation (EEC) No 2131 /93 must be released once the (i) the intervention agency shall, that same day, export licences have been issued to the successful inform the Commission thereof in accordance tenderers. with Annex III, as well as the storer and the successful tenderer ; 2. The obligation to export and import into one of the countries of destination listed in Annex I shall be covered (ii) the successful tenderer may : by a security amounting to ECU 60 per tonne of which ECU 20 per tonne shall be lodged upon issue of the — either agree to take over the lot with its charac export licence, with the balance of ECU 40 being lodged teristics as established, before removal of the cereals. — or refuse to take over the lot in question. In that case the successful tenderer shall, that Article 15 (2) of Commission Regulation (EEC) No 3002/92 (') notwithstanding : same day, inform the intervention agency and the Commission thereof in accordance with — the amount of ECU 40 per tonne must be released Annex IV. within 20 working days of the date on which the Once these formalities have been completed, successful tenderer supplies proof that the wheat he shall be immediately released from all his removed has left the customs territory of the Com obligations relating to the lot in question. munity, The lot in question shall then be put up for — the amount of ECU 20 per tonne must be released sale again under a future invitation to tender at within 15 working days of the date on which the the quality established. successful tenderer supplies proof of entry for consumption into the ACP State or States referred to (b) Where the final results of the analysis of the sample in Article 5 (3). This proof shall be supplied in ac cordance with Articles 18 and 47 of Commission indicate that the quality is below the limits laid down in (a) : Regulation (EEC) No 3665/87 (2).
— the intervention agency shall, that same day, 3. Except in duly substantiated exceptional cases, in inform the Commission thereof in accordance particular the opening of an administrative enquiry, any with Annex IV, as well as the storer and the release of the securities provided for in this Article after successful tenderer, the time limits specified in this same Article shall confer an entitlement to compensation from the Member State — the successful tenderer shall give official notice, amounting to 0,015 ECU/ 10 tonne for each day's delay. that same day, to the intervention agency of the impossibility of taking over the lot in question and This compensation shall not be charged to the EAGGF. shall inform the Commission thereof, that same day, in accordance with Annex IV. Once these Article 9 formalities have been completed, he shall be immediately released from all his obligations rela Article 12 of Regulation (EEC) No 3002/92 notwithstan ting to the lot in question. ding, the documents relating to the sale of common wheat in accordance with this Regulation and in par 3 . Where the successful tenderer refuses the merchan ticular the export licence, the removal order referred to in dise, as provided for in paragraph 2 above, the interven Article 3 ( 1 ) (b) of Regulation (EEC) No 3002/92, the tion agency shall supply him with another lot of interven export declaration and, where appropriate, the T5 control tion common wheat of the requisite quality, without extra copy must bear the words : charge, within eight days at the most. — Trigo blando panificable de intervención sin derecho a restitución, destinado a (nombre del Estado o de los 4. If removal of the wheat is delayed by more than five Estados ACP), Reglamento (CE) n° 2458/94, days with relation to the date of acceptance of the lot to be removed by the successful tenderer for reasons im — Bageegnet blød hvede fra intervention uden restitu putable to the intervention agency, the Member State tionsydelse bestemt for (navnet på det eller de pågæl shall be responsible for the payment of compensation. dende AVS-lande), forordning (EF) nr. 2458/94,
5. All risks shall be borne by the successful tenderer (') QJ No L 301 , 17. 10. 1992, p. 17. from the time of removal . (2) OJ No L 351 , 14. 12. 1987, p. 1 .
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— Interventions-Brotweichweizen ohne Ausfuhrerstat — Trigo brando panificável de intervenção que não da tung, Bestimmung (Name des AKP-Staates oder der direito a uma restituição, destinado a (nome do Estado AKP-Staaten) — Verordnung (EG) Nr. 2458/94, ou dos Estados ACP), Regulamento (CE) n? 2458/94.
— μαλακός αρτοποιήσιμος σίτος παρέμβασης, που Article 10 δεν παρέχει δικαίωμα επιστροφής, προοριζόμενος για (όνομα της χώρας ΑΚΕ ή των χωρών ΑΚΕ), 1 . The French and German intervention agencies shall κανονισμός (ΕΚ) αριθ. 2458/94, inform the Commission of the tenders received within — Intervention common wheat of breadmaking quality three hours of the expiry of the time limit for submitting tenders . The information must be sent in the form laid not eligible for refund, bound for (name of the ACP State or States), Regulation (EC) No 2458/94, down in Annex III to one of the telex or fax numbers listed in Annex IV. — Blé tendre d intervention panifiable ne donnant pas droit à restitution, destiné à (nom de l'État ACP ou 2. They shall inform the Commission on a monthly des États ACP), règlement (CE) n0 2458/94, basis of the quantities of common wheat removed pursuant to this Regulation. — Frumento tenero d intervento panificabile non dante diritto a restituzione, destinato al (nome del paese o Article 11 dei paesi ACP), regolamento (CE) n. 2458/94, — Zachte broodtarwe uit interventie, zonder recht op This Regulation shall enter into force on the day of its restitutie, bestemd voor (naam van de ACS-Staat of de publication in the Official Journal of the European ACS-Staten), Verordening (EG) nr. 2458/94, Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 10 October 1994.
For the Commission Rene STEICHEN Member of the Commission
12 . 10 . 94 No L 262/25 Official Journal of the European Communities
ANNEX I
Groups of ACP States signatories to the Lome Convention
Group I Group II Group III Group IV
Mauritania Chad Seychelles Angola Mali Central African Republic Comoros Zambia Niger Benin Madagascar Malawi Senegal Cameroon Mauritius Mozambique Burkina Faso Equatorial Guinea Namibia Gambia Sao Tome and Principe Botswana Guinea-Bissau Gabon Zimbabwe Guinea Congo Lesotho Cape Verde Zaire Swaziland Sierra Leone Rwanda Liberia Burundi Ivory Coast Ghana Togo
ANNEX II
(tonnes)
Region of storage Quantities
FRANCE : Orleans 400 000 Paris 40 000 Poitiers 60 000
GERMANY : Schleswig-Holstein/Niedersachsen/ Mecklenburg-Vorpommern/Sachsen/ Sachsen-Anhalt/Thiiringen 149 934
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ANNEX III
Standing invitation to tender (or the export of 500 000 tonnes of common wheat of breadmaking quality held by the French intervention agency and ISO 000 tonnes of common wheat of breadmaking quality held by the German intervention agency
1 2 3 4 5 6 7
Increases ( + ) Commercial Registration Lot Offer price number of Quantity Reductions ( — ) costs Destination number in tonnes (ECU/tonne) the tenderer (ECU/tonne) 0 (ECU/tonne) p.m .
1 2 3 etc .
(') This price includes the increases and reductions relating to the lot for which the tender is submitted.
ANNEX IV
The only telex and fax numbers in Brussels to be used are : DG VI/C/ 1 : — telex : 22037 AGREC B, 22070 AGREC B (Greek characters), — fax : 295 2515 296 10 97 296 20 05 .
ANNEX V
Communication of refusal of lots under the standing invitation to tender for the export of 650 000 tonnes of bread-making wheat held by the French and German intervention agency
(Article 6 (2) of Regulation (EC) No 2458/94)
— Name of successful tenderer : — Date of award of contract : — Date of refusal of lot by successful tenderer :
Lot Quantity Address Reason for refusal to take over No in tonnes of silo
— Specific weight (kg/hi) — % sprouted grains — % miscellaneous impurities (Schwarzbesatz) — % of matter which is not wheat of unimpaired quality — Other