CELEX: 31994R2458
Language: en
Date: 1994-10-12 00:00:00
Title: 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

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
annual contracts to ensure stable prices for the ACP                  HAS ADOPTED THIS REGULATION :
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
hold significant stocks of common wheat of high bread­                     quality, held by  the French intervention agency,
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
lowing marketing year, the common wheat successfully                  States listed in Annex I.
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.
 ---pagebreak---  No L 262/22                            Official Journal of the European Communities                               12. 10 . 94
 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
The proof provided for in the first indent shall also indi­            bread-making wheat to be removed and the quality as
                                                                       described in the notice of invitation to tender, which
cate the quality provided for in the contract, the time
limit for delivery and the price terms.                                nevertheless remains within a limit of up to :
                                                                       — 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 .
 ---pagebreak---  12. 10 . 94                              Official Journal of the European Communities                            No L 262/23
     — 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,
     the following provisions shall apply :                          1 . The security lodged pursuant to Article 13 (4) of
                                                                     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
               same day, inform the intervention agency and          3002/92 (') notwithstanding :
               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
    indicate that the quality is below the limits laid down              cordance with Articles 18 and 47 of Commission
    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 .
 ---pagebreak--- No L 262/24                          Official Journal of the European Communities                               12. 10 . 94
— 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
  not eligible for refund, bound for (name of the ACP          tenders . The information must be sent in the form laid
  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
— Frumento tenero d intervento panificabile non dante          pursuant to this Regulation.
  diritto a restituzione, destinato al (nome del paese o
  dei paesi ACP), regolamento (CE) n. 2458/94,                                           Article 11
— 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
 ---pagebreak--- 12. 10 . 94                             Official Journal of the European Communities                             No L 262/25
                                                           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
 ---pagebreak--- No L 262/26                                    Official Journal of the European Communities                                    12. 10. 94
                                                                      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
                                                            (Regulation (EC) No 2458/94)
           1                   2                  3                      4                      5                     6           7
                                                                                         Increases ( + )          Commercial
     Registration                                                   Offer price
                             Lot               Quantity                                 Reductions ( — )
      number of                                                    (ECU/tonne)                                      costs    Destination
                           number             in tonnes                                   (ECU/tonne)
     the tenderer                                                       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