CELEX: 31993R1229
Language: en
Date: 1993-05-20 00:00:00
Title: Commission Regulation (EEC) No 1229/93 of 19 May 1993 authorizing certain intervention agencies to put up for sale by tender 500 000 tonnes of common wheat for export in the form of flour

No L 124/ 14                              Official Journal of the European Communities                                 20. 5. 93
                                       COMMISSION REGULATION (EEC) No 1229/93
                                                         of 19 May 1993
                 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
Economic Community,
Having regard to Council Regulation (EEC) No 2727/75                HAS ADOPTED THIS REGULATION :
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)
No 1738/92 (2), and in particular Article 7 (6) thereof,                                      Article 1
Whereas Article 3 of Council Regulation (EEC) No                    The intervention agencies of the Member States listed
1581 /86 of 23 May 1986 laying down general rules for               below are hereby authorized to issue an invitation to
intervention on the market in cereals (3), as last amended          tender for the sale on the Community market of 500 000
by Regulation (EEC) No 2203/90 (4), provides that the sale          tonnes of common wheat in accordance with Article 4 of
of cereals held by intervention agencies must be by invita­         Regulation      (EEC)     No      1836/82,    as     follows :
tion to tender ;                                                                                                           (tonnes)
                                                                    Belgium                                         50 000
Whereas Commission Regulation (EEC) No 1836/82 (^                   Denmark                                          5 000
as last amended by Regulation (EEC) No 966/93 (6), lays
down the procedure and conditions for the disposal of               Germany                                         80 000
cereals held by intervention agencies ;                             Germany
                                                                    — (Belgium)                                     63 000
Whereas the Community cereal year begins on 1 July ;                — (The Netherlands)                             32 000
whereas, however, in the north of the Community the                 France                                         270 000
common wheat harvest is not available until August ;
whereas, as a result, millers working for export in the
Community suffer from supply problems ; whereas, there­                                       Article 2
fore, provision should be made for supplies to the latter in
the period from 1 July to 15 August from intervention               1 . The invitation to tender shall be open from 14 June
stocks at terms competitive with the market prices for the          to 15 August 1993.
new harvest ;
                                                                    2.     The cereals may not be removed before 1 July 1993.
Whereas a conversion rate should be set to determine the
quantity of flour to be exported on the basis of the                3. A quantity of common wheat flour for human
common wheat used ;                                                 consumption equal to the quantity of common wheat
                                                                    awarded divided by the coefficient referred to in Article 5
                                                                    must be exported to third countries.
Whereas, to ensure that the operation is carried out
smoothly, it should be stipulated that securities may be            Tenders shall be valid only if they :
released only after completion of customs export formali­
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
                                                                         for advance fixing of the refund set for the relevant
measures compatible with the provisions in force to
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,
(')  OJ No  L 281 , 1 . 11 . 1975, p. 1 .                           — are accompanied by a written undertaking from the
(2)  OJ No  L 180,  1 . 7. 1992, p. 1 .                                  tenderer to lodge, at the latest on payment of the
 (3) OJ No  L 139,  24. 5. 1986, p. 36.                                  goods, a security covering any difference between the
 (<) OJ No  L 201 , 31 . 7. 1990, p. 5.
 (0  OJ No  L 202,  9. 7. 1982, p. 23.                                   price provided for in Article 5 (3) of Regulation (EEC)
 (j OJ No L 98, 24. 4. 1993, p. 25.                                      No 1836/82 and that indicated in the tender.
 ---pagebreak--- 20. 5. 93                              Official Journal of the European Communities                            No L 124/ 15
                           Article 3                             — for the quantities for which the tender has not been
                                                                     accepted, or
The minimum sales price shall be ECU 116 per tonne.
                                                                 — in all other cases, in accordance with Title V of
                                                                     Commission Regulation (EEC) No 2220/85 (').
                           Article 4
                                                                 2.    The securities referred to in the third indent of the
1 . Flour may be exported under export licences issued           second subparagraph of Article 2 (2) shall be released for
under the present invitation to tender from 1 July 1993.         the corresponding quantities of flour for which evidence
2.    The quantity of flour equivalent to that which would       of export has been furnished.
be obtained from cereals awarded before 1 July 1993              3. The primary requirement within the meaning of
must be physically exported before 31 July 1993 at the           Article 20 of Regulation (EEC) No 2220/85 shall be
latest.                                                          payment of the selling price and export within the time
                                                                 limit laid down for the common wheat flour under the
The quantity of flour equivalent to that which would be
obtained from cereals awarded after 1 July 1993 must be          export licence referred to in Article 4.
physically exported within 30 days following the date of         Evidence to be furnished shall be that applicable for the
the award and not later than 31 August 1993.                     security for the export licence issued following award of
                                                                 the contract.
3.     Export licences issued under this invitation to tender
must bear the following entry in Section 22 :
                                                                                          Article 7
    'Invitation to tender issued by Regulation (EEC)
    No 1229/93 — Tender from               \                     The intervention agencies concerned shall take all neces­
                                                                 sary steps to ensure compliance with the provisions of
                           Article 5                             this Regulation. They shall provide each other with all
                                                                 necessary information and shall inform the Commission
For the determination of the quantity of flour to be             weekly, within the Management Committee for Cereals,
exported, the quantity of common wheat awarded shall be          of progress of the invitation to tender.
divided by a coefficient of 1,37.
                                                                                          Article 8
                           Article 6
                                                                 This Regulation shall enter into force on the seventh day
1.    The securities referred to in the second indent of the     following its publication in the Official Journal of the
second subparagraph of Article 2 (2) shall be released :         European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 19 May 1993.
                                                                           For the Commtssion
                                                                             Ren6 STEICHEN
                                                                      Member of the Commission
                                                                 (') OJ No L 205, 3. 8 . 1985, p. 5.