CELEX: 31994R0241
Language: en
Date: 1994-02-03 00:00:00
Title: Commission Regulation (EC) No 241/94 of 2 February 1994 authorizing the Italian intervention agency to put up for sale by tender 210 000 tonnes of durum wheat for export from the other Member States in the form of durum wheat meal to Algeria

3. 2. 94                               Official Journal of the European Communities                             No L 30/31
                                     COMMISSION REGULATION (EC) No 241/94
                                                     of 2 February 1994
                 authorizing the Italian intervention agency to put up for sale by tender 210 000
                 tonnes of durum wheat for export from the other Member States in the form of
                                               durum wheat meal to Algeria
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       should be stipulated that securities may be released only
                                                                  after presentation of proof of arrival ;
Having regard to the Treaty establishing the European
Community,                                                        Whereas, where removal of the durum wheat is delayed
                                                                  by more than five days or the release of one of the
                                                                  required securities is delayed for reasons imputable to the
Having regard to Council Regulation (EEC) No 1766/92              intervention agency, Italy should pay compensation ;
of 30 June 1992 on the common organization of the
market in cereals ('), as last amended by Commission
                                                                  Whereas the Member States are to take ail additional
Regulation (EEC) No 2193/93 (2), and . in particular Article
5 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 2131 /93 (3)
lays down the procedures and conditions for the disposal          Whereas the Management Committee for Cereals has not
of cereals held by intervention agencies ;
                                                                  delivered an opinion within the time limit set by its
                                                                  chairman,
Prices for durum wheat on the Community's internal
market are very high due to a fall in total production
caused by the drought in Spain and a reduction in land
down to durum wheat in France ; whereas the Commu­
                                                                  HAS ADOPTED THIS REGULATION :
nity's durum wheat meal industry must continue to be
able to export in order to keep up normal trade flows to
Algeria ; whereas, therefore, provision should be made for
intervention stocks to be used to supply the Community                                      Article 1
export meal industry during the period 1 January to 30
April 1994 at competitive prices ;
                                                                  1.    The Italian intervention agency is hereby authorized
                                                                  to issue an invitation to tender for the sale on the
Whereas the above situation requires the measure to be            Community market of 210 000 tonnes of durum wheat in
implemented as a matter of urgency ;                              accordance with Article 4 of Regulation (EEC) No
                                                                  2131 /93 .
Whereas a conversion rate should be set to determine the
quantity of durum wheat meal to be exported on the basis          2.    A maximum of 140 000 tonnes of durum wheat
of the durum wheat used ;                                         meal for human consumption must be exported to
                                                                  Algeria, equal to the quantity of durum wheat awarded
                                                                  divided by the coefficient referred to in Article 6. The
Whereas the specific nature of the operation requires             competent Italian authorities shall ensure that the quan­
greater flexibility in the mechanisms and obligations             tity of 140 000 tonnes of meal is not exceeded.
governing the resale of intervention stocks and the exclu­
sion of any refund or monthly increase ; whereas special
procedures must be laid down to ensure that the opera­            3.    The regions in which the 210 000 tonnes of Italian
tions are properly carried out and monitored ; whereas to         durum wheat are stored are listed in Annex I.
that end provision should be made for a system of securi­
ties to ensure that the aims of the measure are achieved          4. The Italian intervention agency shall prepare a
without placing excessive burdens on operators ; whereas          notice of invitation to tender indicating for each lot or,
derogations should accordingly be made from certain               where appropriate, each part lot :
rules, in particular those laid down in Regulation (EEC)
No 2131 /93 ;                                                     — the location,
                                                                 — and, at least the following :
Whereas, to ensure that the operation is carried out
smoothly and to avoid any disturbance of the market, it               — the maximum percentage of wholly or partially
                                                                          mitadine grains,
0 OJ No L 181 , 1 . 7. 1992, p. 21 .                                  — the specific weight,
(2) OJ No L 196, 5. 8. 1993, p. 22.
(3) OJ No L 191 , 31 . 7. 1993, p. 76.                                — the moisture content,
 ---pagebreak--- No L 30/32                             Official Journal of the European Communities                                    3 . 2. 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
                                                                  cereals awarded must be completed within 45 days of the
                           Article 2
                                                                  date of the award and not later than 30 April 1994.
Subject to the provisions of this Regulation, the sales of        3. Export licences issued under this invitation to tender
durum wheat referred to in Article 1 shall take place in           must bear the following entry in Section 22 :
accordance with the procedure and conditions laid down
in Regulation (EEC) No 2131 /93.                                       'Invitation to tender opened by Regulation (EC) No
                                                                       241 /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 February 1994.
                                                                                             Article 6
 2. The time limit for submitting tenders for the subse­
 quent partial invitations to tender shall be 1 p.m. (Brussels     For the determination of the quantity of durum wheat
 time) each Wednesday.                                             meal to be exported, the quantity of durum wheat
                                                                  awarded shall be delivered by a coefficient of 1,48 .
The time limit for the last partial invitation to tender
 shall be 23 March 1994.
                                                                                             Article 7
 3.    Tenders must be submitted to the Italian interven­
 tion agency.                                                      1.    The Italian intervention agency shall inform the
                                                                   Commission of the tenders received within two hours of
                                                                  the expiry of the time limit for the submission of tenders.
                           Article 4                              The information must be sent in the form laid down in
                                                                  Annex II to one of the telex or fax numbers listed in
 1 . Interested parties shall submit a tender to the              Annex III .
 competent Italian authorities either in writing against an
 acknowledgment of receipt or by telex, telegram or fax.          Where no tenders are received, the Greek agency shall
                                                                  inform the Commission within the time limit laid down
 2.    The tender shall indicate :
                                                                  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
                                                                  of the quantities of durum wheat removed pursuant to
     tenderer,                                                    this Regulation.
— the quantity of durum wheat to be exported in the
     form of meal,
                                                                                             Article 8
— the proposed purchasing price per tonne in eucs.
3.     Tenders shall be valid only if they are accompanied        1.     On the basis of the tenders submitted and notified,
by :                                                              the Commission shall decide, in accordance with the
                                                                  procedure laid down for in Article 23 of Council Regula­
— an application for an export licence for Algeria for            tion (EEC) No 1 766/92 :
     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 .
                                                                 Where a minimum selling price is fixed, the contract
4.     Tenders not submitted in accordance with para­            shall be awarded to the tenderer submitting offers at or
graphs 1 , 2 and 3 or which contain conditions other than        above that minimum price.
those laid down in the invitation to tender shall be
invalid.                                                         (') OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak--- 3. 2. 94                               Official Journal of the European Communities                             No L 30/33
2.    Where a minimum selling price is fixed, the                 5.    All risks and storage costs shall be borne by the
contract shall be awarded to the tenderer or tenderers            successful tenderer from the time of removal.
submitting offers at or above that minimum price.
3. The competent Italian authority shall inform all
tenderers in writing of the result of their tender as soon as                              Article 10
the Commission has adopted the decision referred to in
paragraph 1 .
                                                                  The successful tenderer shall pay for the durum wheat
                                                                  before removing it at the price indicated in the tender.
                                                                  The payment due for each of the lots to be removed shall
                                                                  be indivisible.
                          Article 9
1 . The successful tenderer shall notify the storer and
the Italian intervention agency in writing at least ten days                               Article 11
in advance of his intention to remove the merchandise.
                                                                  1 . The security lodged pursuant to Article 13 (4) of
2.    Before the lot awarded is removed, the Italian inter­       Regulation (EEC) No 2131 /93 must be released for the
vention agency and the successful tenderer shall take a           corresponding quantities of durum wheat once the
reference sample in accordance with the method laid               licences for the export of meal have been issued to the
down in Commission Regulation (EEC) No 689/92 (').                successful tenderers and for the quantities for which the
                                                                  tender has not been accepted.
Where the final results of the analysis of the sample indi­
cate a significant difference between the quality of the          2. The obligation to export from the Community and
durum wheat to be removed and the quality as described            import into Algeria shall be covered by a security amoun­
in the notice of invitation to tender referred to in Article      ting to ECU 50 per tonne of durum wheat of which ECU
1 of this Regulation, the successful tenderer may refuse          25 per tonne shall be lodged upon issue of the licence for
the merchandise.                                                  the export of meal for the corresponding quantity of
                                                                  durum wheat and the balance of ECU 25 per tonne
                                                                  before removal of the cereals.
A significant difference shall be a specific weight of less
than 76 kg/hi, a level of broken grains of more than 9 %
and a discrepancy of one percentage point for the mois­           Notwithstanding Article 1 5 (2) of Commission Regulation
ture content, ten points for the Hagberg falling index, one       (EEC) No 3002/92 (2), the amount of ECU 50 per tonne of
percentage point for the protein content, ten percentage         durum wheat corresponding to the processed meal must
points for the impurities referred to under B.2, B.3 and          be released within 15 working days of the date on which
B.4 and a half a percentage point for the impurities              the successful tenderer submits proof that the meal has
referred to under B.5, the percentage admissible for              arrived in Algeria.
noxious grains, damaged grains and ergot, however,
remaining as laid down in the Annex to Regulation (EEC)
No 689/92.                                                        3.    Except in duly substantiated exceptional cases, in
                                                                  particular the opening of an administrative enquiry, any
                                                                  release of the securities provided for in this Article after
3.    Where the successful tenderer refuses the merchan­          the time limits specified herein shall confer an entitle­
dise, as provided for in the second subparagraph of para­        ment to compensation from Italy amounting to ECU
graph 2 above, the Italian intervention agency shall             0,015 per 10 tonnes of meal for each day's delay. Such
supply him with another lot of intervention durum wheat          compensation shall not be charged to the European Agri­
of the requisite quality, at no extra charge, within eight       cultural Guidance and Guarantee Fund (EAGGF).
days.
                                                                 4. The primary requirement within the meaning of
4. If removal of the durum wheat is delayed by more              Article 20 of Commission Regulation (EEC) No
than five days with relation to the date of acceptance of        2220/85 (3) shall be payment of the purchase price for the
the lot to be removed by the successful tenderer for             durum wheat and export of the durum wheat meal within
reasons imputable to the intervention agency, the                the time limit laid down under cover of the export licence
Member State shall be responsible for the payment of             referred to in Article 4 (3).
compensation.
                                                                 (2) OJ No L 301 , 17. 10. 1992, p. 17.
(') OJ No L 74, 20. 3. 1992, p. 18 .                             0 OJ No L 205, 3. 8. 1985, p. 5.
 ---pagebreak--- No L 30/34                             Official Journal of the European Communities                              3. 2. 94
                          Article 12                             — Griesmeel zonder recht op restitutie, bestemd voor
                                                                     Algerije — Verordening (EG) nr. 241 /94,
1 . Notwithstanding Article 12 of Regulation (EEC) No
3002/92, the export licence for the durum wheat meal             — Sêmolas de trigo duro que não da direito a uma resti­
must bear the words :                                                tuição, destinado à Argélia — Regulamento (CE)
                                                                     n? 241 /94.
— Sémola de trigo duro de intervención sin derecho a
    restitución, destinada a Argelia — Reglamento (CE)           2.    The use of one of the customs warehousing or free
    n° 241 /94,                                                  zone schemes is prohibited.
— Groft mel fra intervention uden restitutionsydelse
    bestemt for Algeriet — Forordning (EF) nr. 241 /94,
— Feinhartweizengrieß ohne Ausfuhrerstattung, Bestim­                                    Article 13
    mung Algerien — Verordnung (EG) Nr. 241 /94,
— Συμιγδάλι σκληρού σίτου που δεν παρέχει δικα:                  The Italian intervention agency shall take all necessary
    ιωμα επιστροφής προοριζόμενο για την Αλγερία —               steps to ensure compliance with the provisions of this
    Κανονισμός (ΕΚ) αριθ. 241 /94,                               Regulation. It shall inform the Commission weekly,
                                                                 within the Management Committee for Cereals, of the
— Semolina of durum wheat not eligible for refund,
                                                                 progress of the invitation to tender.
    bound for Algeria — Regulation (EC) No 241 /94,
— Semoule de blé dur d intervention ne donnant pas
    droit à restitution, destinée à l'Algérie — Règlement                                Article 14
   (CE) n0 241 /94,
— Semolini di frumento duro non dante diritto a restitu­         This Regulation shall enter into force on the day of its
    zione, destinato all'Algeria — Regolamento (CE)              publication in the Official Journal of the European
    n. 241 /94,                                                   Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 2 February 1994.
                                                                          For the Commission
                                                                             Rene STEICHEN
                                                                      Member of the Commission
 ---pagebreak---                                                                                                                         No L 30/35
3 . 2. 94                           Official Journal of the European Communities
                                                           ANNEX I
                                                 ITALY : regions of storage
                                                                                               (tonnes)
                                        Region of storage                       Quantities
                              Toscana                                             24 351
                              Marche                                              43 184
                               Lazio                                              32 288
                               Campania                                            3 000
                               Lucania                                            20 963
                               Puglia                                             40 000
                               Sardegna                                           21 218
                               Sicilia                                            24 996
                                                           ANNEX II
          Standing invitation to tender for 210 000 tonnes of durum wheat held by the Italian
                  intervention agency for export in the form of durum wheat meal to Algeria
                   1       I       2              3              4                5           . 6               7
                                                                            Increases (+)
              Registration                     Quantity      Offer price         and
                                                                                               Place of       Port of
              number of         Lot No
                                              in tonnes     (ECU/tonne)    reductions (—)    processing
              the tender                                         (')        (ECU/tonne)                       export
                                                                                 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 Bras) :
          — telex :          22037 AGREC B
                             22070 AGREC B (Greek characters)
          — fax :            295 25 15
                             296 10 97
                             296 20 05