CELEX: 31994R0614
Language: en
Date: 1994-03-19 00:00:00
Title: Commission Regulation (EC) No 614/94 of 18 March 1994 authorizing the French and German intervention agencies to put up for sale by tender 225 000 tonnes of maize for export in the form of maize groats and meal

19 . 3 . 94                               Official Journal of the European Communities                              No L 77/31
                                            COMMISSION REGULATION (EC) No 614/94
                                                           of 18 March 1994
                      authorizing the French and German intervention agencies to put up for sale by
                        tender 225 000 tonnes of maize for export in the form of maize groats and meal
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           rules, in particular those laid down in Regulation (EEC)
                                                                        No 2131 /93 ;
  Having regard to the Treaty establishing the European                 Whereas to ensure that the operation is carried out
  Community,                                                            smoothly and to aviod any disturbance of the internal
                                                                        market, it should be stipulated that securities may be
                                                                        released only after presentation of proof that the maize
  Having regard to Council Regulation (EEC) No 1766/92                  groats and meal have left the Community's customs terri­
  of 30 June 1992 on the common organization of the                     tory ;
  market in cereals ('), as amended by Commission Regula­
  tion (EEC) No 2193/93 (2), and in particular Article 5                Whereas,where removal of the maize is delayed by more
  thereof,
                                                                        than five days or the release of one of the required securi­
                                                                        ties is delayed for reasons imputable to the intervention
 Whereas Commission Regulation (EEC) No 2131 /93 (3),                   agency, the Member State concerned should pay compen­
                                                                        sation ;
 as last amended by Regulation (EC) No 120/94 (4), lays
 down the procedures and conditions for the disposal of
 cereals held by intervention agencies ;                               Whereas the French and German intervention agencies
                                                                        should take all additional measures compatible with the
                                                                        provisions in force to ensure that the scheme operates
 Whereas on the one hand the French and German inter­                   smoothly and that the Commission is kept informed ;
 vention agencies have large stocks of maize and on the
 other hand there is a heavy demand for maize groats and               Whereas the conclusion of new contracts requires the
 meal on the world market ; whereas the resale of part of               measure to be implemented as a matter of urgency,
 the maize from French and German intervention stocks,
 for export on world market terms in the form of maize
 groats and meal after processing, should therefore be
 permitted ; whereas provision should be made for inter­                HAS ADOPTED THIS REGULATION :
 vention stocks to be used to supply the Community
 processing industry during the period 23 March to 25
 May 1994 at competitive prices ;                                                                Article 1
 Whereas, to avoid interference with the economic effects               1 . The French and German intervention agencies are
 of the following market year, the maize groats and meal               authorized to issue a standing invitation to tender for the
 must be exported by 31 August 1994 at the latest ;                    sale on the Community market of 225 000 tonnes of
                                                                       maize.
 Whereas conversion rate should be set to determine the                2. A corresponding quantity of maize groats and meal
 quantity of maize groats and meal to be exported on the               must be exported to third countries, in accordance with
 basis of the maize used ;                                             the coefficients referred to in Article 6.
                                                                       3.      The regions in which the maize is stored are listed
 Whereas the specific nature of the operation requires                 in Annex I.
greater flexibility in the mechanisms and obligations
governing the resale of intervention stocks and the exclu­             4. The intervention agencies shall publish the notice of
 sion of any refund or monthly increase ; whereas special              invitation to tender referred to in Article 12 of Regulation
 procedures must be laid down to ensure that the opera­                (EEC) No 2131 /93 at least three days before the date set
 tions are properly carried out and monitored ; whereas to             for the first partial invitation to tender.
 that end provision should be made for a system of securi­
 ties to ensure that the aims of the measure are achieved
without placing excessive burdens on operators ; whereas
                                                                                                 Article 2
 derogations should accordingly be made from certain
                                                                       Subject to the provisions of this Regulation, the sales of
(■)  OJ    No  L 181 , 1 . 7. 1992, p. 21 .
(2)  OJ    No  L 196, 5. 8. 1993, p. 22.                               maize referred to in Article 1 shall take place in accor­
(3)  OJ    No  L 191 , 31 . 7. 1993, p. 76.                            dance with the procedure and conditions laid down in
(4)  OJ    No  L 21 , 26. 1 . 1994, p. 1 .                            Regulation (EEC) No 2131 /93.
 ---pagebreak---  No L 77/32                             Official Journal of the European Communities                                   19 . 3. 94
                           Article 3                               Invitation to tender opened by Regulation (EC) No
                                                                   614/94 — Tender dated              ,
 1 . The time limit for submitting tenders for the first
 partial invitation to tender shall be 10 a.m. (Brussels time)     Adjudication ouverte par le règlement (CE) n° 614/94 —
                                                                   offre du        ,
 on Wednesday 23 March 1994.
                                                                   Gara bandita dal regolamento (CE) n. 614/94 — offerta
 2. The time limit for submitting tenders for the subse­           del        ,
 quent partial invitations to tender shall be 1 p.m. (Brussels     Inschrijving geopend bij Verordening (EG) nr. 614/94 —
 time) each Wednesday.                                             Offerte van         ,
 The time limit for the last partial invitation to tender          Concurso aberto pelo Regulamento (CE) n? 614/94 —
 shall be 25 May 1994.                                             Proposta de
3.     Tenders must be submitted to the French and                 4. Notwithstanding Article 9 of Commission Regula­
German intervention agbencies.                                     tion (EEC) No 3719/88 ('), the rights deriving from the
                                                                   licence referred to in this Article shall not be transferable.
                           Article 4
                                                                                             Article 6
 1 . Interested parties shall submit a tender to the
competent . French and German authorities either in                For the determination of the quantity of maize groats and
writing against an acknowledgement of receipt or by                meal to be exported, the quantity of maize awarded shall
telex, telegram or fax.                                            be divided by the following :
2.     The tender shall indicate :                                 1,8 where the product falls within code 1103 13 10 100
— the reference of the invitation to tender,                       1,4 where the product falls within code 1103 13 10 300
— the name and full address of the tenderer and, where             1,2 where the product falls within code 1103 13 10 500.
     appropriate, his telex or fax number,
— the quantity of maize to be exported in the form of                                        Article 7
    graots and meal,
— the proposed purchasing price per tonne in ecus.                 1.   The French and German intervention agencies shall
                                                                  inform the Commission of the tenders received within
3 . Tenders must be accompanied by an application for             two hours of the expiry of the time limit for the submis­
an export licence for maize groats and meal falling within        sion of tenders. The information must be sent in the form
product codes : 1103 13 10 100, 1103 13 10 300 or                 laid down in Annex II to one of the telex or fax numbers
 1103 13 10 500.                                                  listed in Annex III .
4.    Tenders may not be for more than the maximum                Where no tenders are receieved, the agency concerned
quantity available for each time limit for submitting             shall inform the Commission within the same time limit.
tenders .
                                                                  2. The French and German intervention agencies shall
5.    Tenders not submitted in accordance with para­              inform the Commission on a monthly basis of the quanti­
graphs 1 to 4 or which contain conditions other than              ties of maize removed pursuant to this Regulation.
those laid down in the invitation to tender shall be
invalid .
                                                                                             Article 8
                           Article 5                              1.    On the basis of the tenders submitted and notified,
                                                                  the Commission shall decide, in accordance with the
1 . No export refund shall be granted for exports carried         procedure laid down in Article 23 of Regulation (EEC)
out pursuant to this Regulation .                                 No 1766/92 :
2. Customs export formalities for maize groats and                — either to fix a minimum selling price,
meal equivalent to that which would be obtained from             — or not to proceed with the invitation to tender.
the cereals awarded must be completed within 90 days of
the date of the award and not later than 31 August 1994.          2. Where a minimum selling price is fixed, the
                                                                  contract shall be awarded to the tenderers) submitting
3 . Export licences issued under this invitation to tender
                                                                  offers at or above that minimum price.
must bear the following entry in section 22 :
Licitación abierta en virtud del Reglamento (CE) nü                                         Article 9
614/94 — Oferta de
Licitation, der er åbnet i henhold til forordning (EF) nr.        1 . The successful tenderer shall notify the storer and
614/94 — Bud af             ,                                    the intervention agency in writing at least 10 days in
Ausschreibung gemäß Verordnung (EG) Nr. 614/94 —                 advance of his intention to remove the merchandise .
Gebot vom                                                        Removal must take place by 30 June 1994 at the latest.
Δημοπρασία που πραγματοποιείται βάσει του κανο­
νισμού (ΕΚ) αριS. 614/94 — προσφορά της                      ,   (') OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak---    19 . 3 . 94                          Official Journal of the European Communities                              No L 77/33
   2.     Before the lot awarded is removed, the intervention     within 15 working days of the date on which the
   agencies and the successful tenderer shall take a reference    successful tenderer submits proof that the maize groats
  sample in accordance with the method laid down in               and meal have left the Community's customs territory.
  Commission Regulation (EEC) No 689/92 (').
                                                                  3. Except in duly substantiated exceptional cases, in
  Where the final results of the analysis of the sample indi­     particular the opening of an administrative enquiry, any
  cate a significant difference between the quality of the         release of the securities provided for in this Article after
  maize to be removed and the quality as described in the          the time limits specified herein shall confer an entitle­
  notice of invitation to tender referred to in Article 1 of      ment to compensation from the Member State amounting
  this Regulation, the successful tenderer may refuse the         to ECU 0,015 per 10 tonnes of groats and meal for each
  merchandise.                                                    day's delay. Such compensation shall not be charged to
                                                                  the European Agriculture Guidance and Guarantee Fund.
  A significant difference shall be a discrepancy of more
  than a kilogram for the specific weight, one percentage         4. The primary requirement within the meaning of
  point for the moisture content, one percentage point for        Article 20 of Commission Regulation (EEC) No 2220/85
  the impurities referred to under B.2 and B.4 and one            shall be payment of the purchase price for the maize and
  percentage point for the impurities referred to under B.5,      export of the groats and meal within the time limit laid
  the percentage admissible for noxious grains, however,          down under cover of the export licence referred to in
  remaining as laid down in the Annex to Regulation (EEC)         Article 1 (3).
  No 689/92.
                                                                                            Article 12
  3.     Where the successful tenderer refuses the merchan­
  dise, as provided for in the second subparagraph of para­        1 . Notwithstanding Article 12 of Regulation (EEC) No
  graph 2, the intervention agency concerned shall supply         3002/92, the export licence for the maize groats and meal
  him with another lot of intervention maize of the requi­        must bear the words :
  site quality, at no extra charge, within eight days.
                                                                  Grañones y sémola de maíz sin derecho a restitución —
  4. If removal of the maize is delayed by more than five         Reglamento (CE) n° 614/94,
  days after the date of acceptance of the lot to be removed      Gryn og groft mel af majs uden restitutionsydelse —
 by the successful tenderer for reasons imputable to the          Forordning (EF) nr. 614/94,
 intervention agencies, the Member State shall be respon­         Grob- und Feingrieß von Mais ohne Ausfuhrerstattung —
 sible for the payment of compensation.                           Verordnung (EG) Nr. 614/94,
                                                                  Πλιγουρια και σιμιγδάλια αραβοσίτου που δεν
                           Article 10                             παρέχουν δικαίωμα επιστροφής — Κανονισμός (ΕΚ)
                                                                  αριθ. 614/94,
 The successful tenderer shall pay for the maize before           Maize groats and meal not eligible for refund — Regula­
 removing it at the price indicated in the tender. The            tion (EC) No 614/94,
 payment due for each of the lots to be removed shall be          Gruaux et semoule de maïs ne donnant pas droit a restitu­
 indivisible .
                                                                  tion — Règlement (CE) n0 614/94,
                                                                  Semole e semolini di granturco che non danno diritto a
                           Article 11                             restituzione — Regolamento (CE) n. 614/94,
                                                                  Gries en griesmeel van maïs zonder recht op restitutie —
  1 . The security lodged pursuant to Article 13 (4) of           Verordening (EG) nr. 614/94,
 Regulation (EEC) No 2131 /93 must be released for the            Grumos e sêmolas de milho sem direito a restituição —
 corresponding quantities of maize once the licences for          Regulamento (CE) n? 614/94.
 the export of maize groats and meal have been issued to
 the successful tenderers, and for the quantities for which       2.    The use of one of the customs warehousing or free
 the tender has not been accepted.                               zone schemes is prohibited.
 2. The obligation to export from the Community shall
 be covered by a security amounting to ECU 50 per tonne                                     Article 13
 of maize, of which ECU 25 per tonne shall be lodged
upon issue of the licence for the export of maize groats         The French and German intervention agencis shall take
 and meal, for the corresponding quantity of maize and           all necessary steps to ensure compliance with the provi­
 the balance of ECU 25 per tonne before removal of the           sions of this Regulation . It shall inform the Commission
 cereals.                                                        weekly, within the Management Committee for Cereals,
                                                                 of the progress of the invitation to tender.
 Notwithstanding Article 15 (2) of Commission Regulation
(EEC) No 3002/92 (2), the amount of ECU 50 per tonne of                                    Article 14
maize processed into groats and meal must be released
                                                                 This Regulation shall enter into force on the day of its
(') OJ No L 74, 20. 3. 1992, p. 18 .                             publication in the Official Journal of the European
(2) OJ No L 301 , 17. 10. 1992, p. 17.                            Communities.
 ---pagebreak--- No L 77/34                    Official Journal of the European Communities                        19 . 3 . 94
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 18 March 1994.
                                                                  For the Commission
                                                                    Rene STEICHEN
                                                                Member of the Commission
                                                    ANNEX I
                                              Regions of storage
                                                                                     (tonnes)
                                     Region of storage                    Quantities
                   FRANCE :
                   — Amiens                                                10 000
                   — Bordeaux                                              1 5 000
                   — Clermont-Ferrand                                        6 000
                   — Dijon                                                 10 000
                   — Lille                                                   7 000
                   — Lyon                                                  20 000
                   — Nancy                                                 15 000
                   —  Nantes                                               10  000
                   — Orleans                                               15  000
                   — Paris                                                 10  000
                   — Poitiers                                              10  000
                   — Rouen                                                   7 000
                   — Toulouse                                              15  000
                   GERMANY :
                   — Hessen/Rheinland-Pfalz/Baden-Wurttemberg/
                     Saarland/Bayern                                       74 577
 ---pagebreak--- 19 . 3 . 94                            Official Journal of the European Communities                                       No L 77/35
                                                              ANNEX II
            Standing invitation to tender for 225 000 tonnes of maize held by the the French and
                 German intervention agencies for export in the form of maize groats and meal
                        1                     2                    3                      4                      5
                                                                                                          Increases ( + )
                  Registration                                                       Offer price               and
                   number of               Lot No               Quantity            (ECU/tonne)          reductions ( — )
                                                               in tonnes
                   the tender                                                             (')             (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 25 15
                               296 10 97
                               296 20 05