CELEX: 31989R2406
Language: en
Date: 1989-08-04 00:00:00
Title: Commission Regulation (EEC) No 2406/89 of 3 August 1989 authorizing certain intervention agencies to put up for sale by tender 330 000 tonnes of durum wheat for export in the form of meal

4. 8 . 89                                Official Journal of the European Communities                              No L 227/49
                                     COMMISSION REGULATION (EEC) No 2406/89
                                                       of 3 August 1989
                 authorizing certain intervention agencies to put up for sale by tender 330 000
                                 tonnes of durum wheat for export in the form of meal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European
Economic Community,                                                                           Article 1
Having regard to Council Regulation (EEC) No 2727/75               The intervention agencies of the Member States listed
of 29 October 1975 on the common organization of the                below are hereby authorized to issue an invitation to
market in cereals ('), as last amended by Regulation (EEC)          tender for the sale on the Community market of 330 000
                                                                    tonnes of durum wheat in accordance with Article 4 of
No 1 834/89 (2), and in particular Article 7 (5) thereof,
                                                                    Regulation (EEC) No 1836/82, as follows :
Whereas Article 3 of Council Regulation (EEC) No                                                           (Tonnes)
1581 /86 of 23 May 1986 laying down general rules for
intervention on the market in cereals (3), as amended by                           Italy                   300 000
Regulation (EEC!) No 195/89 (4), provides that the sale of                        Spain                     30 000
cereals held by intervention agencies must be by
invitation to tender ;
                                                                                              Article 2
Whereas Commission Regulation (EEC) No 1836/82 0,
as last amended by Regulation (EEC) No 2418/87 (6), lays
down the procedure and conditions for the disposal of               1 . The invitation to tender shall be open from 4
cereals held by intervention agencies ;                            August to 30 September 1989.
                                                                    2. The durum wheat awarded must be processed into
Whereas durum wheat supply in Italy and Spain does not              meal for human consumption and exported to third
permit normal supply to meet meal export requirements ;             countries.
whereas, to remedy this situation, a quantity of durum
wheat held by the Italian and Spanish intervention
agencies should be put up for sale again on the Italian            Tenders shall be valid only if they :
and Spanish internal markets ;                                     — are accompanied by an application for an export
                                                                         licence for durum wheat meal of the category defined
Whereas a conversion rate should be set to determine the                 by the product code 1103 11 10 100 of the refund
quantity of meal to be exported on the basis of the durum                nomenclature together with an application for
wheat used ;                                                             advance fixing of the refund for the category in
                                                                         question ;
Whereas, to ensure that the operation is carried out               — are accompanied by an application for advance fixing
smoothly, it should be stipulated that securities may be                 of the monetary compensatory amount for durum
released only after completion of customs export                         wheat meal of one of the Member States listed in
formalities to avoid any disturbance of the market ;                     Article 1 ;
                                                                   — are accompanied by evidence that the tenderer has
Whereas the Member States are to take all additional                   - lodged a security of ECU 50 per tonne,
measures compatible with the provisions in force to                — are accompanied by a written undertaking from the
ensure that the scheme operates smoothly and that the                    tenderer to lodge, at the latest on payment of the
Commission is kept informed,
         I
                                                                         goods, a security covering any difference between the
                                                                         price provided for in Article 5 (3) of Regulation (EEC)
                                                                         No 1836/82 and that indicated in the tender.
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management
Committee for Cereals,
                                                                                              Article 3
(') OJ  No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ  No L  180, 27. 6. 1989, p. 1 .                              By way of derogation from Article 5 (3) of Regulation
0   OJ  No L  139, 24. 5. 1986, p. 36.                              (EEC) No 1836/82, the minimum price to be complied
(4) OJ  No L 25, 28 . 1 . 1989, p. 22.
0   OJ  No L 202, 9. 7. 1982, p. 23 .                               with shall be fixed in accordance with the procedure laid
(6) OJ  No L 223, 11 . 8 . 1987, p. 5 .                             down in Article 26 of Regulation (EEC) No 2727/75.
 ---pagebreak--- No L 227/50                            Official Journal of the European Communities                                 4. 8 . 89
                           Article 4                             — in all other cases, in accordance with Title V of
                                                                     Commission Regulation (EEC) No 2220/85 (2).
 1 . By way of derogation from Article 21(1 ) of
Commission Regulation (EEC) No 3719/88 ('), export               2.    The securities referred to in the fourth indent of the
licences issued shall, for the determination of their term       second subparagraph of Article 2 (2) shall be released for
of validity, be deemed to have been issued on the date of        the corresponding quantities of meal for which evidence
submission of the tender.                                        of export has been furnished.
2.     Export licences issued under this invitation to tender    3. The primary requirement within the meaning of
shall be valid from the date of issue within the meaning         Article 20 of Regulation (EEC) No 2220/85 shall be
of paragraph 1 until the end of the third month                  payment of the selling price and export within the time
thereafter.                                                      limit laid down for the durum wheat meal under the
                                                                 export licence referred to in Article 4.
3. Export licences issued under this invitation to tender
must bear the following entry in section 22 :                    Evidence to be furnished shall be that applicable for the
                                                                 security for the export licence issued following award of
     'Invitation to tender issued by Regulation (EEC) No         the contract.
     2406/89 — Tender from . . .'.
                                                                                           Article 7
                          Article 5
                                                                 The intervention agencies concerned shall take all
For the determination of the quantity of meal to be              necessary steps to ensure compliance with the provisions
exported, the quantity of durum wheat awarded shall be           of this Regulation. They shall provide each other with all
divided by a coefficient of 1,60.                                necessary information and shall inform the Commission
                                                                 weekly, within the Management committee for Cereals, of
                          Article 6
                                                                 progress in the invitation to tender.
1.     The securities referred to in the third indent of the                               Article 8
second subparagraph of Article 2 (2) shall be released :
                                                                 This Regulation shall enter into force on the day of its
— for the quantities for which the tender has not been           publication in the Official Journal of the European
     accepted, or                                                 Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                   Done at Brussels, 3 August 1989.
                                                                          For the Commission
                                                                           Ray MAC SHARRY
                                                                      Member of the Commission
(') OJ No L 331 , 2, 12. 1988 , p. 1 .                           R OJ No L 205, 3 . 8 . 1985, p. 5.