CELEX: 31994R2668
Language: en
Date: 1994-11-01 00:00:00
Title: Commission Regulation (EC) No 2668/94 of 31 October 1994 authorizing the Italian intervention agency to put up for sale by tender 148 000 tonnes of durum wheat for export in the form of durum wheat meal to Algeria

1 . 11 . 94                                Official Journal of the European Communities                           No L 284/45
                                          COMMISSION REGULATION (EC) No 2668/94
                                                         of 31 October 1994
                    authorizing the Italian intervention agency to put up for sale by tender 148 000
                     tonnes of durum wheat for export in the form of durum wheat meal to Algeria
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           Whereas, to ensure that the operation is carried out
                                                                      smoothly and to avoid any disturbance of the market, it
                                                                      should be stipulated that securities may be released only
Having regard to the Treaty establishing the European                 after presentation of proof of arrival ;
Community,
                                                                      Whereas, where removal of the durum wheat is delayed
                                                                      by more than five days or the release of one of the
 Having regard to Council Regulation (EEC) No 1766/92                 required securities is delayed for reasons imputable to the
of 30 June 1992 on the common organization of the                     intervention agency, Italy should pay compensation ;
market in cereals ('), as last amended by Commission
Regulation (EC) No 1866/94 (2), and in particular Article 5           Whereas the Member States are to take all additional
thereof,
                                                                      measures compatible with the provisions in force to
                                                                      ensure that the scheme operates smoothly and that the
                                                                      Commission is kept informed ;
Whereas Commission Regulation (EEC) No 21 31 /93 (3),
as amended by Regulation (EC) No 1 20/94 (4), lays down
the procedure and conditions for the disposal of cereals              Whereas the measures provided for in this Regulation are
held by intervention agencies ;                                       in accordance with the opinion of the Management
                                                                      Committee for Cereal,
Whereas prices for durum wheat on the Community's
internal market and on the world market are very high ;
whereas the Community's durum wheat meal industry                     HAS ADOPTED THIS REGULATION :
must continue to be able to export in order to keep up
normal trade flows to Algeria ; whereas, therefore, provi­
sion should be made for intervention stocks to be used to
                                                                                                Article 1
supply the Community export meal industry during the
period 1 November 1994 to 31 January 1995 at competi­
tive prices ;                                                         1.    The Italian intervention agency is hereby authorized
                                                                      to issue an invitation to tender for the sale on the
                                                                      Community market of 148 000 tonnes of durum wheat in
Whereas the above situation requires the measure to be                accordance with Article 4 of Regulation (EEC) No
implemented as a matter of urgency ;                                  2131 /93 .
                                                                      2.    A maximum of 100 000 tonnes of durum wheat
Whereas a conversion rate should be set to determine the              meal for human consumption must be exported to
quantity of durum wheat meal to be exported on the basis              Algeria, equal to the quantity of durum wheat awarded
of the durum wheat used ;                                             divided by the coefficient referred to in Article 6. The
                                                                      competent Italian authorities shall ensure that the quan­
                                                                      tity of 100 000 tonnes of meal is not exceeded.
Whereas the specific nature of the operation requires
greater flexibility in the mechanisms and obligations                 3.    The regions in which the 148 000 tonnes of durum
governing the resale of intervention stocks and the exclu­            wheat are stored are listed in Annex I.
sion of any refund or monthly increase ; whereas special
procedures must be laid down to ensure that the opera­
tions are properly carried out and monitored ; whereas to             4. The Italian intervention agency shall prepare a
that end provision should be made for a system of securi­             notice of invitation to tender indicating for each lot or,
ties to ensure that the aims of the measure are achieved              where appropriate, each part lot :
without placing excessive burdens on operators ; whereas              — the location,
derogations should accordingly be made from certain
rules, in particular those laid down in Regulation (EEC)              — and, at least the following :
No 2131 /93 :
                                                                          — the maximum percentage of wholly or partially
(')  OJ  No  L 181 , 1 . 7. 1992, p. 21 .                                     mitadine grains,
(2)  OJ  No  L 197, 30 . 7. 1994, p. 1 .                                  — the specific weight,
(3)  OJ  No  L 191 , 31 . 7. 1993, p. 76.
(4)  OJ  No  L 21 , 26. 1 . 1994, p. 1 .                                  — the moisture content,
 ---pagebreak---  No L 284/46                            Official Journal of the European Communities                                   1 . 11 . 94
      — the Hagberg falling number,                               5.    Tenders may not be withdrawn.
      — the impurity, mottled grain and sprouted grain
         contents,
                                                                                            Article 5
     — the protein content.
                                                                   1 . No export refund shall be granted for exports carried
 5. It shall publish the notice of invitation to tender at        out pursuant to this Regulation.
 least three days before the date set for the first partial
 invitation to tender.
                                                                  2. Customs export formalities for durum wheat meal
                                                                  equivalent to that which would be obtained from the
                           Article 2                              cereals awarded must be completed within 45 days of the
                                                                  date of the award and not later than 31 January 1995.
 Subject to the provisions of this Regulation, the sales of
 durum 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
                                                                       2668/94 — 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 1 p.m. (Brussels time)
on Wednesday, 9 November 1994.
                                                                                            Article 6
 2. The time limit for submitting tenders for the subse­
quent partial invitations to tender shall be 1 p.m. (Brussels
time) each Wednesday.                                             For the determination of the quantity of durum wheat
                                                                  meal to be exported, the quantity of durum wheat
The time limit for the last partial invitation to tender          awarded shall be delivered by a coefficient of 1,48 .
shall be 21 December 1994.
3.     Tenders must be submitted to the Italian interven­                                   Article 7
tion agency.
                                                                  1.    The Italian intervention agency shall inform the
                                                                  Commission of the tenders received within two hours of
                           Article 4                              the expiry of the time limit for the submission of tenders.
                                                                  The information must be sent in the form laid down in
1 . Interested parties shall submit a tender to the               Annex II to one of the telex or fax numbers listed in
competent Italian authorities either in writing against an        Annex III .
acknowledgment of receipt or by telex, telegram or fax.
                                                                  Where no tenders are received, the Italian agency shall
2.     The tender shall indicate :                                inform the Commission within the time limit laid down
                                                                  in subparagraph 1 .
— the reference of the invitation to tender,
— the name, full address and telex or fax number of the           2.    It shall inform the Commission on a monthly basis
     tenderer,                                                    of the quantities of durum wheat removed pursuant to
— the quantity of durum wheat to be exported in the               this Regulation.
     form of meal,
— the proposed purchasing price per tonne of durum                                          Article 8
     wheat in ecus .
                                                                  1.    On the basis of the tenders submitted and notified,
3. Tenders shall be valid only if they are accompanied            the Commission shall decide, in accordance with the
by :
                                                                  procedure laid down for in Article 23 of Council Regula­
— an application for an export licence for Algeria for            tion (EEC) No 1766/92 :
     durum wheat meal falling within Product code
     1103 11 10 200,
                                                                  — either to fix a minimum selling price,
— proof that the tenderer has lodged a security of ECU 5          — or not to proceed with the invitation to tender.
     per tonne.
                                                                  2.    Where a minimum selling price is fixed, the
                                                                  contract shall be awarded to the tenderer or tenderers
4. Tenders not submitted in accordance with para­
graphs 1 , 2 and 3 or which contain conditions other than         submitting offers at or above that minimum price.
those laid down in the invitation to tender shall be
invalid.                                                          0 OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak---  1 . 11 . 94                            Official Journal of the European Communities                              No L 284/47
 3 . The competent Italian authority shall inform all                     The lot in question shall then be put up for sale
 tenderers in writing of the result of their tender as soon as            again under a future invitation to tender at the
 the Commission has adopted the decision referred to in                   quality established.
 paragraph 1 .
                                                                  (b) Where the final results of the analysis of the sample
                                                                       indicate that the quality is below the limits laid down
                              Article 9                                in (a):
                                                                       — the intervention agency shall, that same day,
 1 . The successful tenderer shall notify the storer and                   inform the Commission thereof in accordance
 the Italian intervention agency in writing at least five days             with Annex III, as well as the storer and the
 in advance of his intention to remove the merchandise .
                                                                           successful tenderer,
 2.      Before the lot awarded is removed, the intervention           — the successful tenderer shall give official notice,
 agency and the successful tenderer shall take a reference                 that same day, to the intervention agency of the
 sample in accordance with the method laid down in                         impossibility of taking over the lot in question and
 Commission Regulation (EEC) No 689/92 (') and shall                       shall inform the Commission thereof, that same
 analyse that sample.                                                      day, in accordance with Annex IV. Once these
                                                                           formalities have been completed, he shall be
(a) Where the final results of the analysis of the sample                  immediately released from all his obligations rela­
      indicate a again difference between the quality of the               ting to the lot in question.
      durum wheat to be removed and the quality as
      described in the notice of invitation to tender, which      3.     Where the successful tenderer refuses the merchan­
      nevertheless remains within a limit of up to :              dise, as provided for in paragraph 2 above, the Italian
                                                                  intervention agency shall supply him with another lot of
      — 2 kh/hl for the specific weight, which must not           intervention durum wheat of the requisite quality, at no
           however be less than 76 kg/hi,                         extra charge, within eight days.
      — one percentage point for the moisture content,            4. If removal of the durum wheat is delayed by more
      — 10 points for the Hagberg falling index,                  than five days with relation to the date of acceptance of
                                                                  the lot to be removed by the successful tenderer for
      — 10 percentage points for the grains which have            reasons imputable to the intervention agency, the
           lost their vitreous aspect,                            Member State shall be responsible for the payment of
      — two percentage points for the content of broken           compensation.
           grains, without, however, exceeding 9 % ,              5.     All risks shall be borne by the successful tenderer
                                                                  from the time of removal .
      — one percentage point for the protein content,
      — half a percentage point for the impurities referred                                  Article 10
           to in points B.2, B.3 and B.4 of the Annex to
           Regulation (EEC) No 689/92,                            The successful tenderer shall A»y for the durum wheat
                                                                  before removing it at the price indicated in the tender.
      — half a percentage point for the impurities referred       The payment due for each of the lots to be removed shall
           to in point B.5 of the Annex to Regulation (EEC)       be indivisible .
           No 689/92, the percentages admissible for noxious
           grains and ergot however remaining unchanged,                                    Article 11
      the following provisions shall apply :                       1 . The security lodged pursuant to Article 13 (4) of
      (i) the intervention agency shall, that same day,           Regulation (EEC) No 2131 /93 must be released for the
          inform the Commission thereof in accordance with        corresponding quantities of durum wheat for which the
          Annex III, as well as the storer and the successful     tender has not been accepted.
          tenderer ;
                                                                  2. The obligation to export from the Community and
     (ii) the successful tenderer may :                           import into Algeria shall be covered by a security amoun­
          — either agree to take over the lot with its charac­    ting to ECU 50 per tonne of durum wheat of which ECU
              teristics as established,                           25 per tonne shall be lodged upon issue of the licence for
                                                                  the export of meal for the corresponding quantity of
          — or refuse to take over the lot in question. In        durum wheat and the balance of ECU 25 per tonne
              that case the successful tenderer shall, that       before removal of the cereals .
              same day, inform the intervention agency and
              the Commission thereof in accordance with           Notwithstanding Article 15 (2) of Commission Regulation
              Annex IV.                                           (EEC) No 3002/92 (2), the amount of ECU 50 per tonne of
                                                                  durum wheat corresponding to the processed meal must
          Once these formalities have been completed, he          be released within 15 working days of the date on which
          shall be immediately released from all his obliga­      the successful tenderer submits proof that the meal has
          tions relating to the lot in question                   arrived in Algeria.
(') OJ No L 74, 20. 3. 1992, p. 18 .                              (2) OJ No L 301 , 17. 10. 1992, p. 17.
 ---pagebreak--- No L 284/48                          Official Journal of the European Communities                                1 . 11 . 94
3. Except in duly substantiated exceptional cases, in           — Semoule de blé dur d intervention ne donnant pas
particular the opening of an administrative enquiry, any            droit à restitution, destinée à l'Algérie — Règlement
release of the securities provided for in this Article after        (CE) n0 2668/94,
the time limits specified herein shall confer an entitle­       — Semolini di frumento duro non dante diritto a restitu­
ment to compensation from Italy amounting to ECU                    zione, destinato all'Algeria — Regolamento (CE)
0.015 per 10 tonnes of meal for each day's delay. Such              n . 2668/94,
compensation shall not be charged to the European Agri­
cultural Guidance and Guarantee Fund (EAGGF).                   — Griesmeel zonder recht op restitutie, bestemd voor
                                                                    Algerije — Verordening (EG) nr. 2668/94,
4.    The primary requirement within the meaning of
Article 20 of Commission Regulation (EEC) No                    — Sêmolas de trigo duro que não da direito a uma resti­
2220/85 (') shall be payment of the purchase price for the          tuição, destinado à Argélia — Regulamento (CE)
durum wheat and export of the durum wheat meal within               n ? 2668 /94.
the time limit laid down under cover of the export licence
referred to in Article 4 (3).                                   2. The use of one of the customs warehousing or free
                                                                zone schemes is prohibited.
                         Article 12
1 . Notwithstanding Article 12 of Regulation (EEC) No
3002/92, the export licence for the durum wheat meal                                     Article 13
must bear the words :
— Sémola de trigo duro de intervención sin derecho a            The Italian intervention agency shall take all necessary
    restitución, destinada a Argelia — Reglamento (CE)          steps to ensure compliance with the provisions of this
    n° 2668/94,                                                 Regulation. It shall inform the Commission weekly,
— Groft mel fra intervention uden restitutionsydelse            within the Management Committee for Cereals, of the
    bestemt for Algeriet — Forordning (EF) nr. 2668/94,         progress of the invitation to tender.
— Feinhartweizengrieß ohne Ausfuhrerstattung, Bestim­
    mung Algerien — Verordnung (EG) Nr. 2668/94,
— Σιμιγδάλι σκληρού σίτου που δεν παρέχει δικαίω­                                        Article 14
    μα επιστροφής προοριζόμενο για την Αλγερία —
    Κανονισμός (ΕΚ) αριθ. 2668/94,                              This Regulation shall enter into force on the day of its
— Semolina of durum wheat not eligible for refund,              publication in the Official Journal of the European
    bound for Algeria — Regulation (EC) No 2668/94,             Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 31 October 1994.
                                                                          For the Commission
                                                                            Rene STEICHEN
                                                                     Member of the Commission
0) OJ No L 205, 3 . 8 . 1985, p. 5.
 ---pagebreak--- 1 . 11 . 94                            Official Journal of the European Communities                                       No L 284/49
                                                               ANNEX I
                                                         Regions of storage
                                                                                                    (tonnes)
                                           Region of storage                        Quantities
                                 Verona                                                   7 421
                                 Vicenza                                                  1 699
                                 Rovigo                                                   4 000
                                 Ravenna                                                  1 619
                                 Ancona                                                      19
                                 Macerata                                                 9 090
                                 La Spezia                                                6 232
                                 Livorno                                                  1 043
                                 Grosseto                                                 1 490
                                 Viterbo                                                  4 985
                                 Napoli                                                   2 997
                                 Potenza                                                  1 744
                                 Foggia                                               30 538
                                 Crotone                                               69 088
                                 Catania                                                  4 165
                                 Caltanissetta                                            1 870
                                                               ANNEX II
            Standing invitation to tender for 148 000 tonnes of durum wheat held by the Italian
                    intervention agency for export in the form of durum wheat meal to Algeria
                     1       I      ~2       I      ^        I       *       I         ~5       I      ~6    I     '7
                                                                                Increases ( + )
               Registration                      Quantity        Offer price         and
                                                                                                   Place of     Port of
                number of        Lot No                         (ECU/tonne)    reductions ( — )
                                                in tonnes                                         processing    export
                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 2515
                               296 10 97
                               296 20 05
 ---pagebreak--- No L 284/50                       Official Journal of the European Communities                           1 . 11 . 94
                                                      ANNEX IV
            Communication of refusal of lots under the standing invitation to tender for the export of
            148 000 tonnes of durum wheat in the form of durum heat meal held by the Italian inter­
                                                    vention agency
                                     Article 9 (2) of Regulation (EC) No 2668/94
            — 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
                                                      — % mitadine grains
                                                      — Specific weight (kg/hi)
                                                      — Hagberg
                                                      — % proteins (in dry matter)
                                                      — % miscellaneous impurities (Schwarzbesatz)
                                                      — % grains affected with fusariosis and/or mottled
                                                          grains
                                                      — % broken grains
                                                      — % of matter which is not durum wheat of unim­
                                                          paired quality
                                                      — Other