CELEX: 31984R0937
Language: en
Date: 1984-04-06 00:00:00
Title: Commission Regulation (EEC) No 937/84 of 5 April 1984 opening an invitation to tender for the refund for the export of common wheat not intended for human consumption to countries of zones I, II a), III, IV, V, VI, VII a), VII c), the German Democratic Republic and the Iberian Peninsula

No L 96/ 14                               Official Journal of the European Communities                                6 . 4. 84
                                     COMMISSION REGULATION ( EEC) No 937/84
                                                         of 5 April 1984
              opening an invitation to tender for the refund for the export of common wheat
              not intended for human consumption to countries of zones I, II a), III, IV, V, VI,
                 VII a), VII c), the German Democratic Republic and the Iberian Peninsula
THE COMMISSION OF THE EUROPEAN                                      minimum quantity to be tendered for and a time limit
COMMUNITIES,                                                        and form for the communication of tenders submitted
                                                                    to the competent authorities ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                    Whereas, in view of the quantities of treating products
                                                                    available, various methods should be proposed ;
Having regard to Council Regulation (EEC) No                        Whereas, to facilitate supervision, it is necessary that
2727/75 of 29 October 1975 on the common organi­                    treating operations should be carried out in the
zation of the market in cereals ('), as last amended by             country where the customs export formalities are
Regulation (EEC) No 1 45 1 /82 (2),                                 completed and that a specific document attesting to
                                                                    the treating operations should be presented in order to
Having regard to Council Regulation (EEC) No                        obtain payment of the refunds ;
2746/75 of 29 October 1975 laying down general rules
                                                                    Whereas the Management Committee for Cereals has
for granting export refunds on cereals and criteria for             not delivered an opinion within the time limit set by
fixing the amount of such refunds (3), and in particular            its chairman ,
Article 5 thereof,
Whereas there is a demand on the world market for
                                                                    HAS ADOPTED THIS REGULATION :
common fodder wheat not intended for human
consumption ; whereas, in view of the market situa­
tion, specific management measures should be taken                                          TITLE I
to meet the said demand and to open, in respect of
common wheat not intended for human consumption,
                                                                                    Tendering procedure
an invitation to tender for the export levy provided for
in Article 5 of Regulation (EEC) No 2746/75 ;                                              Article 1
Whereas the detailed procedural rules governing invi­               1.    Tenders shall be invited for the refund of the
tations to tender for export levies in the cereals sector           export levy provided for in Article 5 of Regulation
are laid down in Commission Regulation (EEC) No                     (EEC) No 2746/75.
279/75 (4), as amended by Regulation (EEC) No                       2.    The invitation to tender shall relate to common
2944/78 (s) ; whereas the commitments on the part of
the tenderer include an obligation to lodge an applica­             wheat treated by one of the methods referred to in
tion for an export licence ; whereas compliance with              ' Article 8 of this Regulation and not intended for
this obligation may be ensured by requiring tenderers               human consumption, ror export to countries of zones
to lodge a tendering security of 20 ECU per tonne                   I, II a), III, IV, V, VI, Vila), VII c), the German
when they submit their tenders ; whereas this arrange­              Democratic Republic and the Iberian Peninsula.
ment should prevent any disturbance of the market in                3 . The invitation shall remain open until 30 May
intervention wheat not intended for human consump­                  1984. During this period weekly awards shall be made,
tion ;                                                              for which the time limits for the submission of tenders
                                                                    shall be as prescribed in the notice of invitation to
Whereas, in order to ensure equal treatment of all                  tender.
concerned, provision should be made so that all the
licences issued have the same period of validity ;
                                                                                            Article 2
Whereas, in order to ensure the smooth operation of                 A tender shall be valid only if it relates to a quantity of
the tendering procedure, it is necessary to prescribe a             not less than 1 000 tonnes .
(') OJ No  L  281 , 1 . 11 . 1975, p. 1 .                                                   Article 3
(2) OJ No  L  164, 14 . 6 . 1982, p. 1 .
(3) OJ No  L  281 , 1 . 11 . 1975 , p. 78 .                         The security referred to in Article 3 of Regulation
(4) OJ No  L  31 , 5. 2. 1975, p. 8 .
(5) OJ No  L  351 , 15 . 12 . 1978 , p . 16 .                       (EEC) No 279/75 shall be 20 ECU per tonne.
 ---pagebreak--- 6 . 4 . 84                              Official Journal of the European Communities                            No L 96/ 15
                             Article 4                            indicates a rate of refund equal to or less than such
                                                                  maximum export refund.
1 . By way of derogation from Article 21 ( 1 ) of
Commission Regulation (EEC) No 3183/80 ('), export                                        Article 6
licences issued under Article 8 ( 1 ) of Regulation (EEC)
No 279/75 shall, for the purpose of determining their             Tenders      submitted  must    reach    the  Commission
period of validity, be deemed to have been issued on              through the intermediary of Member States not later
the day on which the tender was submitted.                        than one and a half hours after the expiry of the
                                                                  period for the weekly submission of tenders as speci­
2.      Export licences issued in connection with this            fied in the notice of invitation to tender. They must be
invitation to tender shall be valid from their date of            communicated in the form indicated in Annex I.
issue, as defined in paragraph 1 , until the end of the
second month following that of issue.                              If no tenders are received, Member States shall so
                                                                  inform the Commission within the time limit speci­
3 . By way of derogation from Article 9 of Regula­                 fied in the preceding paragraph .
tion (EEC) No 3183/80, the rights arising from the
licences referred to in paragraph 2 shall not be trans­                                   Article 7
ferable .
                                                                  The time limits fixed for the submission of tenders
4. One of the following entries shall appear in box                shall correspond to Belgian time .
 12 of both the licence application and the licence :
— 'Common             wheat    not   intended     for   human
                                                                                           TITLE II
       consumption, exported pursuant to Regulation
       (EEC) No 937/84.'
— ' Blød hvede, der ikke er bestemt til konsum, og                 Obligations of the successful tenderer and condi­
       som udføres i forbindelse med forordning (EØF)                   tions relating to the export of the product
       nr. 937/ 84 .'
— ' Nicht        zum       Nahrungsverbrauch        bestimmter                             Article 8
       Weichweizen, der im Rahmen der Verordnung                   The successful tenderer shall treat the common wheat
       (EWG) Nr. 937/84 ausgeführt wird.'                          by one of the reference methods described in Annex
— ' Μαλακός σίτος μη προοριζόμενος για ανθρωπινή                   II .
      κατανάλωση που εξάγεται στα πλαίσια του κανονι­
      σμού ( ΕΟΚ ) αρι9. 937/84.'                                  The treating operations shall take place in the Member
— ' Froment tendre non destine à la consommation                   State in which the customs export formalities are
       humaine exporté dans le cadre du règlement                  carried out.
       (CEE) n0 937/84.'
— ' Frumento          tenero   non   destinato   al   consumo                              Article 9
       umano, esportato in base al regolamento (CEE) n.
       937/84.'                                                    The competent body of the exporting Member State
                                                                   shall, by means of on-the-spot inspections, monitor
— 'Niet voor menselijke consumptie bestemde zachte                 the treating operations referred to in Article 8 and
       tarwe, uitgevoerd in het kader van Verordening              shall take the necessary samples .
       (EEG) nr. 937/84.'
                                                                   Upon completion of the treating operations, a docu­
                                                                   ment certifying that the common wheat has been
                             Article 5
                                                                   treated in accordance with the provisions of this Regu­
                                                                   lation shall be drawn up in at least two copies .
 1 . Pursuant to Article 5 of Regulation (EEC) No
 279/75, the Commission shall decide, under the                    The said certificate shall contain at least the following
 procedure laid down in Article 26 of Regulation (EEC)             information :
 No 2727/ 75 :
                                                                   — an identification number,
 — to fix a maximum export refund, taking account in               — the name of the tenderer,
      particular of the criteria laid down in Articles 2           — the quantity treated,
      and 3 of Regulation (EEC) No 2746/75, or
                                                                   — the method of treating used,
 — to make no award .
                                                                   — the date of issue .
 2. Where a maximum export refund is fixed, a                      The first copy of the certificate shall be remitted to the
 contract shall be awarded to any tenderer whose tender             customs upon completion of the export formalities.
                                                                   The second copy of the certificate shall be kept by the
 (') OJ No L 338 , 13 . 12 . 1980 , p. 1 .                          inspection body.
 ---pagebreak--- No L 96/ 16                              Official Journal of the European Communities                                6. 4. 84
The identification number of the certificate shall be                 — the certificate referred to in Article 9 has been
indicated on the export document used to obtain the                        produced, and
refund and the certificate itself shall be sent by the                — the proof defined in Article 20 of Commission
customs direct to the body responsible for paying the                      Regulation (EEC) No 2730/79 (') has been
refund .                                                                   submitted within the period stipulated in Article
                                                                           31 of the same Regulation .
                            Article 10
                                                                                               Article 11
Without prejudice to Article 7 ( 1 ) (a) and (c) of Regula­
tion (EEC) No 279 /75, the security referred to in                    This Regulation shall enter into force on the day
Article 3 of this Regulation shall be released only in                following its publication in the Official Journal of the
respect of those quantities for which :                                European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 5 April 1984.
                                                                                 For the Commission
                                                                                    Poul DALSAGER
                                                                            Member of the Commission
                                                             ANNEX I
             Weekly tender for the refund for the export of common wheat not intended for human
             consumption to countries of zones I, II a), III, IV, V, VI, VII a), VII c), the German Demo­
                                            cratic Republic and the Iberian Peninsula
                                     . (Closing date for the submission of tenders (date/time)
                 Number of               Quantity                   Amount of export levy in national
                  tenderers             in tonnes                           currency per tonne
                        1                   ■)                                       3
                        1
                       2
                       3
                       4
                       .5
                      etc .
                                                                      (<) OJ No L 317 , 12. 12 . 1979 , p. 1 .
 ---pagebreak--- 6 . 4 . 84                             Official Journal of the European Communities                                   No L 96/ 17
                                                              ANNEX II
                                       Reference methods for treating common wheat
                                        Method No 1 — Colouring with Patented Blue V
             1 . Dissolve either 30 grams of colouring matter of 80 % concentration or 51 grams of colouring
                   matter of 50 % concentration of Patented Blue V (Schulz No 826, EEC No E 131 ) (') in at least 2,5
                   litres and at most three litres of pure water.
            2. Colour 100 kilograms of wheat from the quantity to be treated with the amount of solution
                   prepared in accordance with paragraph 1 .
            3. Mix 90 kilograms of wheat to be treated with at least 10 kilograms of grains coloured as indicated
                   in paragraph 2, so that they are uniformly dispersed in the total mass.
                                        Method No 2 — Colouring with (brilliant) green
            The wheat must be treated with the colouring matter listed below in such a manner that the said
            wheat shall contain a quantity of colouring matter at least equal to that shown in column 4 and
            evenly distributed, so that at least 5 % of the grains shall be coloured and distributed throughout the
            whole quantity.
                                               TABLE OF COLOURING MATTER
                                                                                                       Minimum
                  Common name                                                      Colour index       quantity in
                                                   Scientific name
                        of dye                                                      ( 1956) No      parts per million
                                                                                                       by weight
                          1                                2                              3                 4
            Green S                   Sodium salt of di-(£-dimethylamino­
                                      phenyl)-2-hydroxy-3 ; 6-disulphonaphty­
                                      methanol anhydride                               44 090              20
                                        Method No J — Addition of fish oil or fish liver
            (a) Fish oil or fish liver, filtered, not deodorized, not decolourized, with no additives .
            (b) Characteristics :
                    minimum iodine content :                       120,
                    colour content :                               7-14 (Gärtner)
                                                                or 5-19 (FAC),
                    acidity between :                              3 and 4 % ,
                    maximum point of solidification :              10 C C.
           (c) Minimum quantity to be used per tonne of wheat to be treated : four kilograms.
           (d) The treating apparatus must be such that at all times the oil is evenly distributed throughout the
                   wheat.
           (e) The temperature of the oil used must be kept at a level sufficient to ensure such even distribution .
           (') The definition of Patented Blue V is given in the Council Directive on the approximation of rules
                 of Member States on colouring matters for use in foodstuffs intended for human consumption (OJ
                  No 115, 11 . 11 . 1962, p. 2645/62).
                 Patented Blue V of 50 % concentration is marketed in the Federal Republic of Germany as
                 ' Lebensmittelblau Nr. 3 '.