CELEX: 31994R0494
Language: en
Date: 1994-03-05 00:00:00
Title: Commission Regulation (EC) No 494/94 of 4 March 1994 authorizing the French intervention agency to put up for sale by tender 500 000 tonnes of common wheat for export in the form of wheat flour

5. 3 . 94                                Official Journal of the European Communities                              No L 62/27
                                          COMMISSION REGULATION (EC) No 494/94
                                                          of 4 March 1994
                     authorizing the French intervention agency to put up for sale by tender 500 000
                              tonnes of common wheat for export in the form of wheat flour
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas to ensure that the operation is carried out
                                                                     smoothly and to avoid any disturbance of the internal
  Having regard to the Treaty establishing the European              market, it should be stipulated that securities may be
  Community,                                                         released only after presentation of proof of the flour's exit
                                                                     from the Community's customs territory ;
  Having regard to Council Regulation (EEC) No 1766/92               Whereas, where removal of the common wheat is delayed
  of 30 June 1992 on the common organization of the                  by more than five days or the release of one of the
  market in cereals ('), as amended by Commission Regula­            required securities is delayed for reasons imputable to the
  tion (EEC) No 2193/93 (2), and in particular Article 5             intervention agency, France should pay compensation ;
  thereof,
                                                                     Whereas the Member States are to take all additional
  Whereas Commission Regulation (EEC) No 2131 /93 (3),               measures compatible with the provisions in force to
  as last amended by Regulation (EC) No 120/94 (4), lays             ensure that the scheme operates smoothly and that the
  down the procedures and conditions for the disposal of             Commission is kept informed ;
  cereals held by intervention agencies ;
                                                                     Whereas the Management Committee for Cereals has not
  Whereas the French intervention agency has large stocks            delivered an opinion within the time limit set by its
                                                                     chairman,
  of breadmaking common wheat ; whereas there is a heavy
  demand for wheat flour on the world market ; whereas the
  resale of part of the wheat from French intervention
  stocks, for export on world market terms in the form of            HAS ADOPTED THIS REGULATION :
  wheat flour after processing, should therefore be
  permitted ; whereas provision should be made for inter­
  vention stocks to be used to supply the Community
                                                                                               Article 1
  export milling industry during the period 10 March to 27
  April 1994 at competitive prices ;
                                                                     1.    The French intervention agency is hereby author­
                                                                     ized to issue a standing invitation to tender for the sale on
  Whereas, to avoid interference with the economic effects           the Community market of 500 000 tonnes of common
  of the following market year, the flour must be exported           wheat.
  by 30 June 1994 at the latest ;
                                                                     2.    A maximum of 365 000 tonnes of wheat flour for
  Whereas the conclusion of new contracts requires the               human consumption must be exported to third countries,
  measure to be implemented as a matter of urgency ;                 equal to the quantity of common wheat awarded divided
                                                                     by the coefficient referred to in Article 6.
 Whereas a conversion rate should be set to determine the
                                                                     3.   The regions in which the 500 000 tonnes of
 quantity of wheat flour to be exported on the basis of the          common wheat are stored are listed in Annex I.
 common wheat used ;
                                                                     4. The French intervention agency shall prepare a
 Whereas the operation requires greater flexibility in the           notice of invitation to tender indicating for each lot or,
 mechanisms and obligations governing the resale of inter­           where appropriate, each part lot :
 vention stocks and the exclusion of any refund or
 monthly increase ; whereas special procedures must be              — the location, and
 laid down to ensure that the operations are properly               — at least the following :
 carried out and monitored ; whereas to that end provision              — the specific weight,
 should be made for a system of securities to ensure that
 the aims of the measure are achieved without placing                   — the moisture content,
 excessive burdens on operators ; whereas derogations                   — the Hagberg falling number,
should accordingly be made from certain rules, in parti­                — the impurity and sprouted grain contents,
cular those laid down in Regulation (EEC) No 2131 /93 ;
                                                                        — the protein content.
(') OJ   No L  181 , 1 . 7. 1992, p. 21 .                           5.    It shall publish the notice of invitation to tender at
0   OJ   No L  196, 5. 8. 1993, p. 22.
0   OJ   No L  191 , 31 . 7. 1993, p. 76.                           least three days before the date set for the first partial
(4) OJ   No L  21 , 26. 1 . 1994, p. 1 .                            invitation to tender.
 ---pagebreak---  No L 62/28                             Official Journal of the European Communities                                    5 . 3 . 94
                           Article 2                               awarded must be completed within 90 days of the date of
                                                                   the award and not later than 30 June 1994.
 Subject to the provisions of this Regulation, the sales of
 common 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
                                                                   494/94 — 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 10 a.m. (Brussels time)
 on Thursday 10 March 1994.                                                                  Article 6
 2. The time limit for submitting tenders for the subse­           For the determination of the quantity of wheat flour to be
 quent partial invitations to tender shall be 1 p.m. (Brussels     exported, the quantity of common wheat awarded shall be
 time) each Wednesday.                                             divided by a coefficient of 1,37.
 The time limit for the last partial invitation to tender
 shall be 27 April 1994.                                                                     Article 7
 3.    Tenders must be submitted to the French interven­           1.    The French intervention agency shall inform the
                                                                   Commission of the tenders received within two hours of
 tion agency.
                                                                   the expiry of the time limit for the submission of tenders.
                                                                   The information must be sent in the form laid down in
                           Article 4                               Annex II to one of the telex or fax numbers listed in
                                                                   Annex III .
 1 . Interested parties shall submit a tender to the
 competent French authorities either in writing against an        Where no tenders are received, the agency shall inform
                                                                   the Commission within the time limit laid down in the
 acknowledgment of receipt or by telex, telegram or fax.
                                                                   preceding subparagraph .
 2.    The tender shall indicate :
                                                                   2. It shall inform the Commission on a monthly basis
 — the reference of the invitation to tender,                     of the quantities of common wheat removed pursuant to
 — the name, full address and telex or fax number of the           this Regulation.
     tenderer,
                                                                                             Article 8
 — the quantity of common wheat to be exported in the
     form of flour,
                                                                   1.    On the basis of the tenders submitted and notified,
 — the proposed purchasing price per tonne in ecus.               the Commission shall decide, in accordance with the
                                                                  procedure laid down in Article 23 of Regulation (EEC)
 3.    Tenders must be accompanied by :                           No 1766/92 :
 — an application for an export licence for wheat flour           — either to fix a minimum selling price,
     falling within product code 1101 00 00 100,                  — or not to proceed with the invitation to tender.
— proof that the tenderer has lodged a security of ECU 5
     per tonne.                                                   2.    Where a minimum selling price is fixed, the
                                                                  contract shall be awarded to the tenderer submitting
4.     Tenders may not be for more than the maximum               offers at or above that minimum price.
quantity available for each time limit for submitting
tenders.                                                          3.    The competent French authority shall inform all
                                                                  tenderers in writing of the result of their tender as soon as
5.     Tenders not submitted in accordance with para­             the award referred to in paragraph 2 has been made.
graphs 1 , 2 and 3 or which contain conditions other than
those laid down in the invitation to tender shall be                                        Article 9
invalid.
                                                                  1 . The successful tenderer shall notify the storer and
6.     Tenders may not be withdrawn.                             the intervention agency in writing at least 10 days in
                                                                 advance of his intention to remove the merchandise.
                          Article 5                              2.     Before the lot awarded is removed, the intervention
                                                                 agency and the successful tenderer shall take a reference
1.     No export refund shall be granted for exports carried     sample in accordance with the method laid down in
out pursuant to this Regulation.                                 Commission Regulation (EEC) No 689/92 (2). Where the
2.    Customs export formalities for wheat flour equiva­         (') OJ No L 331 , 2. 12. 1988, p. 1 .
lent to that which would be obtained from the cereals            0 OJ No L 74, 20. 3. 1992, p. 18 .
 ---pagebreak---   5. 3. 94                               Official Journal of the European Communities                              No L 62/29
  final results of the analysis of the sample indicate a signi­    which the successful tenderer submits proof that the
  ficant difference between the quality of the common              wheat flour has left the Community's customs territory.
  wheat to be removed and the quality as described in the
  notice of invitation to tender referred to in Article 1 of        3. Except in duly substantiated exceptional cases, in
  this Regulation, the successful tenderer may refuse the           particular the opening of an administrative enquiry, any
  merchandise .                                                     release of the securities provided for in this Article after
                                                                    the time limits specified herein shall confer an entitle­
  A significant difference shall be a discrepancy of more           ment to compensation from France amounting to ECU
  than a kilogram for the specific weight, one percentage           0.015 per tonnes of flour for each day's delay. Such
  point for the moisture content, 10 points for the Hagberg         compensation shall not be charged to the European Agri­
  falling index, one percentage point for the protein               cultural Guidance and Guarantee Fund (EAGGF).
  content, one percentage point for the impurities referred
  to under B.2 and B.4 one percentage point for the impu­           4. The primary requirement within the meaning of
  rities referred to under B.5, the percentage admissible for       Article 20 of Commission Regulation (EEC) No
  noxious grains and ergot, however, remaining as laid              2220/85 (2) shall be payment of the purchase price for the
  down in the Annex to Regulation (EEC) No 689/92.                  common wheat and export of the wheat flour within the
                                                                    time limit laid down under cover of the export licence
  3.     Where the successful tenderer refuses the merchan­         referred to in Article 4 (3).
  dise, as provided for in the second subparagraph of para­
  graph 2 above, the French intervention agency shall                                        Article 12
  supply him with another lot of intervention common
  wheat of the requisite quality, at no extra charge, within        1 . Notwithstanding Article 1 2 of Regulation (EEC) No
  eight days.                                                       3002/92, the export licence for the wheat flour must bear
                                                                    the words :
  4. If removal of the common wheat is delayed by more
  than five days with relation to the date of acceptance of        — Harina de trigo blando sin derecho a restitución —
  the lot to be removed by the succesful tenderer for                   Reglamento (CE) n° 494/94,
  reasons imputable to the intervention agency, the                — Mel af blød hvede uden restitutionsydelse — Forord­
  Member State shall be responsible for the payment of                  ning (EG) nr. 494/94,
  compensation.
                                                                   — Weichweizenmehl ohne Ausfuhrerstattung — Verord­
  5.    All risks and storage costs shall be borne by the               nung (EG) Nr. 494/94,
  successful tenderer from the time of removal .                   — Άλευρα σίτου που δεν παρέχουν δικαίωμα επι­
                                                                        στροφής — Κανονισμός (ΕΚ) αριθ. 494/94,
                            Article 10                             — Common wheat flour not eligible for refund — Regu­
                                                                        lation (EC) No 494/94,
 The successful tenderer shall pay for the common wheat            — Farine de froment ne donnaint pas droit à restitution
 before removing it at the price indicated in the tender.               — Règlement (CE) n0 494/94,
 The payment due for each of the lots to be removed shall          — Farina di frumento tenero non dante diritto a restitu­
 be indivisible.
                                                                        zione — Regolamento (CE) n . 494/94,
                                                                   — Meel van zachte tarwe zonder recht op restitutie —
                           Article 11                                   Verordening (EG) nr. 494/94,
                                                                   — Farinha de trigo mole que não dá direito a uma resti­
 1.     The security lodged pursuant to Article 13 (4) of               tuição — Regulamento (CE) n ? 494/94.
 Regulation (EEC) No 2131 /93 must be released for         the
 corresponding quantities of common wheat once             the     2.     The use of one of the customs warehousing or free
 licences for the export of flour have been issued to      the     zone schemes is prohibited.
 successful tenderers and for the quantities for which     the
 tender has not been accepted.
                                                                                             Article 13
 2. The obligation to export from the Community shall
be covered by a security amounting to ECU 50 per tonne             The French intervention agency shall take all necessary
of common wheat, of which ECU 25 per tonne shall be                steps to ensure compliance with the provisions of this
lodged upon issue of the licence for the export of flour,          Regulation. It shall inform the Commission weekly,
for the corresponding quantity of common wheat and the             within the Management Committee for Cereals, of the
balance of ECU 25 per tonne before removal of the                  progress of the invitation to tender.
cereals.
                                                                                            Article 14
Notwithstanding Article 1 5 (2) of Commission Regulation
(EEC) No 3002/92 ('), the amount of ECU 50 per tonne of           This Regulation shall enter into force on the day of its
common wheat corresponding to the processed flour                  publication in the Official Journal of the European
must be released within 15 working days of the date on             Communities.
(') OJ No L 301 , 17. 10. 1992, p. 17.                            (2) OJ No L 205, 3. 8. 1985, p. 5.
 ---pagebreak--- No L 62/30                    Official Journal of the European Communities                        5. 3 . 94
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 4 March 1994.
                                                                  For the Commission
                                                                    Rene STEICHEN
                                                              Member of the Commission
 ---pagebreak--- 5. 3. 94                            Official Journal of the European Communities                                         No L 62/31
                                                            ANNEX I
                                                Regions of storage in France
                                                                                               (tonnes)
                                             Region of storage                      Quantities
                               Bordeaux                                               1 5 000
                               Dijon                                                  10 300
                               Nantes                                                 20 000
                               Nancy                                                  30 000
                              Orleans                                                 15 000
                              Paris                                                   98 000
                              Poitiers                                                14 000
                              Rouen                                                  197 000
                              Gent (Belgium)                                         100 000
                                                            ANNEX II
          Standing invitation to tender for 500 000 tonnes of common wheat held by the French
                        intervention agency for export in the form of durum wheat flour
                     1                     2                     3                      4          I            5
                                                                                                         Increases ( + )
               Registration                                                       Offer price                 and
                number of               Lot No                Quantity
                                                             in tonnes           (ECU/tonne)            reductions ( — )
                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 25 15
                            296 10 97
                            296 20 05