CELEX: 31991R1863
Language: en
Date: 1991-06-29
Title: Commission Regulation (EEC) No 1863/91 of 28 June 1991 authorizing certain intervention agencies to put up for sale by tender 246 000 tonnes of common wheat for export in the form of flour

29 . 6. 91                                Official Journal of the European Communities                             No L 168 /47
                                      COMMISSION REGULATION (EEC) No 1863/91
                                                         of 28 June 1991
                 authorizing certain intervention agencies to put up for sale by tender 246 000
                                tonnes of common wheat for export in the form of flour
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         ensure that the scheme operates smoothly and that the
                                                                    Commission is kept informed ;
Having regard to the Treaty establishing the European               Whereas the measures provided for in this Regulation are
Economic Community,                                                 in accordance with the opinion of the Management
                                                                    Committee for Cereals.
 Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)
 No 3577/90 (2), and in particular Article 7 (6) thereof,           HAS ADOPTED THIS REGULATION :
Whereas Article 3 of Council Regulation (EEC) No                                              Article 1
 1581 /86 of 23 May 1986 laying down general rules for
intervention on the market in cereals (3), as last amended
by Regulation (EEC) No 2203/90 (4), provides that the sale          The intervention agencies of the Member States listed
of cereals held by intervention agencies must be by invita­         below are hereby authorized to issue an invitation to
tion to tender ;                                                    tender for the sale on the Community market of 246 000
                                                                    tonnes of common wheat in accordance with Article 4 of
                                                                    Regulation (EEC) No 1836/82, as follows :
Whereas Commission Regulation (EEC) No 1 836/82 (5),                                                               ton ties
as last amended by Regulation (EEC) No 2619/90 (6), lays
down the procedure and conditions for the disposal of                        Belgium                               10 000
                                                                             Denmark                                 2 000
cereals held by intervention agencies ;
                                                                            Germany                               100 000
                                                                             France                               100 000
Whereas the Community cereal year begins on 1 July ;                        Germany (Musselkanaal)                 14 000
whereas, however, in the north of the Community the                          France (Ghent)                        20 000
common wheat harvest is not available until August ;
whereas, as a result, millers working for export in the
north of the Community suffer from supply problems ;                                          Article 2
whereas, therefore, provision should be made for supplies
to the latter in July from intervention stocks at terms
                                                                     1 . The invitation to tender shall be open from 1 to 31
competitive with the market prices for the new harvest ;            July 1991 .
Whereas a conversion rate should be set to determine the            2. A quantity of common wheat flour for human
quantity of flour to be exported on the basis of the                consumption equal to the quantity of common wheat
common wheat used :                                                 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                Tenders shall be valid only if they :
smoothly, it should be stipulated that securities may be
released only after completion of customs export formali­           — are accompanied by an application for an export
ties to avoid any disturbance of the market ;                            licence for common wheat flour having an ash
                                                                         content of 0 to 600 mg per 100 g with an application
                                                                         for advance fixing of the refund set for the relevant
Whereas the Member States are to take all additional                     quality,
measures compatible with the provisions in force to                 — are accompanied by evidence that the tenderer has
                                                                         lodged a security of ECU 5 per tonne,
o   OJ  No L 281 , 1 . 11 . 1975, p. 1 .                            — are accompanied by a written undertaking from the
(2) OJ  No L 353,  17. 12. 1990, p . 23 .                                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
(4) 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)
(6) OJ  No L 249,  12. 9. 1990, p. 8.                                    No 1836/82 and that indicated in the tender.        ,
 ---pagebreak---  No L 168/48                            Official Journal of the European Communities                                29 . 6. 91
                           Article 3                              — for the quantities for which the tender has not been
                                                                      accepted, or
 Notwithstanding Article 5 (3) of Regulation (EEC) No
 1836/82, the minimum price to be complied with shall             — in all other cases, in accordance with Title V of
 be fixed in accordance with the procedure laid down in               Commission Regulation (EEC) No 2220/85 (2).
Article 26 of Regulation (EEC) No 2727/75, at a level             2.    The securities referred to in the third indent of the
 ensuring equality of supply conditions throughout the
 Community with respect to the new harvest.                       second subparagraph of Article 2 (2) shall be released for
                                                                  the corresponding quantities of flour for which evidence
                           Article 4
                                                                  of export has been furnished.
 1 . Notwithstanding Article 21 ( 1 ) of Commission               3 . The primary requirement within the meaning of
 Regulation (EEC) No 3719/88 ('), export licences issued          Article 20 of Regulation (EEC) No 2220/85 shall be
 shall, for the determination of their term of validity, be       payment of the selling price and export within the time
 deemed to have been issued on the date of submission of          limit laid down for the common wheat flour under the
 the tender.                                                      export licence referred to in Article 4.
 2.    Export licences issued under the present invitation        Evidence to be furnished shall be that applicable for the
 to tender shall be valid from the date of issue within the       security for the export licence issued following award of
 meaning of paragraph 1 until the end of the second               the contract.
 month thereafter.
 3. Export licences issued under this invitation to tender                                  Article 7
 must bear the following entry in section 22 :
     'Invitation to tender issued by Regulation (EEC) No          The intervention agencies concerned shall take all neces­
     1863/91 — Tender from                                        sary steps to ensure compliance with the provisions of
                                                                  this Regulation. They shall provide each other with all
                           Article 5                              necessary information and shall inform the Commission
                                                                  weekly, within the Management Committee for Cereals,
 For the determination of the quantity of flour to be             of progress of the invitation to tender.
 exported, the quantity of common wheat awarded shall be
 delivered by a coefficient of 1,37.
                                                                                            Article 8
                           Article 6
                                                                  This Regulation shall enter into force on the day of its
 1.    The securities referred to in the second indent of the     publication in the Official Journal of the European
 second subparagraph of Article 2 (2) shall be released :         Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 28. June 1991 .
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                       Member of the Commission
(■) OJ No L 331 , 2. 12. 1988, p. 1 .                             0 OJ No L 205, 3 . 8 . 1985, p. 5.