CELEX: 31988R1624
Language: en
Date: 1988-06-11 00:00:00
Title: Commission Regulation (EEC) No 1624/88 of 10 June 1988 authorizing certain intervention agencies to put up for sale by tender 301 000 tonnes of common wheat for export in the form of flour

11 . 6. 88                               Official Journal of the European Communities                            No L 145/27
                                           COMMISSION REGULATION (EEC) No 1624/88
                                                            of 10 June 1988
                     authorizing certain intervention agencies to put up for sale by tender 301 000
                                    tonnes of common wheat for export in the form of flour
    THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas the Management Commitee for Cereals has not
                                                                       delivered an opinion within the time limit set by its
                                                                       Chairman,
    Having regard to the Treaty establishing the European
    Economic Community,
    Having regard to Council Regulation (EEC) No 2727/75               HAS ADOPTED THIS REGULATION :
   of 29 October 1975 on the common organization of the
   market in cereals ('), as last amended by Regulation (EEC)
   No 1097/88 (2), and in particular Article 7 (5) thereof,                                      Article 1
                                                                       The intervention agencies of the Member States listed
   Whereas Article 3 of Council Regulation (EEC) No                    below are hereby authorized to issue an invitation to
   1581 /86 of 23 May 1986 laying down general rules for               tender for the sale on the Community market of 301 000
   intervention on the market in cereals (3) provides that the         tonnes of common wheat in accordance with Article 4 of
   sale of cereals held by intervention agencies must be by            Regulation (EEC) No 1836/82, as follows :
   invitation to tender ;
                                                                                                                    tonnes
  Whereas Commission Regulation (EEC) No 1 836/82 (4),                        Belgium
                                                                              Denmark                                 1 000
   as last amended by Regulation (EEC) No 241 8/87 (^ lays                    Germany                              100 000
   down the procedure and conditions for the disposal of                      France                               200 000
  cereals held by intervention agencies ;                                     Netherlands
                                                                              United Kingdom
  Whereas, in the southern regions of the Community, the                      Luxembourg
                                                                              Ireland
  common wheat harvest is available as from the beginning
  of the marketing year ; whereas, in the northern regions
  of the Community, the common wheat harvest is not
  available before August ; whereas, as a result, millers                                       Article 2
  working for export in the north of Europe do not enjoy
  the same supply conditions ; whereas, for the sake of fair­         1.     The invitation to tender shall be open from 1 to 31
  ness, provision should be made for supplies to the latter           July 1988 .
  in July from intervention stocks at terms competitive
 with the market prices for the new harvest ;                         2. The common wheat awarded must be processed into
                                                                      flour for human consumption and exported to third coun­
                                                                      tries.
 Whereas a conversion rate should be set to determine the
 quantity of flour to be exported on the basis of the                 Tenders shall be valid only if they :
 common wheat used ;
                                                                      — are accompanied by an application for an export
 Whereas, to ensure that the operation is carried out smoo­
                                                                          licence for common wheat flour having an ash
                                                                          content of 0 to 600 mg per 100 g with an application
 thly, it should be stipulated that securities may be released            for advance fixing of the refund set for the relevant
 only after completion of customs export formalities to                   quality,
 avoid any disturbance of the market ;
                                                                      — are accompanied by an application for advance fixing
                                                                          of the monetary compensatory amount for common
 Whereas the Member States are . to take all additional                   wheat flour of one of the Member States listed in
 measures compatible with the provisions in force to                      Article 1 ,
 ensure that the scheme operates smoothly and that the                — are accompanied by evidence that the tenderer has
 Commission is kept informed ;                                            lodged a security of 5 ECU per tonne,
                                                                      — are accompanied by a written undertaking from the
(')  OJ  No  L 281 , 1 . 11 . 1975, p. 1 .                                tenderer to lodge, at the latest on payment of the
(2)  OJ  No  L 110,  29. 4. 1988, p. 7.
(3)  OJ  No  L 139,  24. 5. 1986, p. 36.                                  goods, a security covering any difference between the
0    OJ  No  L 202,  9. 7. 1982, p. 23.                                   price provided for in Article 5 (3) of Regulation (EEC)
0    OJ  No  L 223,  11. 8 . 1987, p. 5.                                  No 1836/82 and that indicated in the tender.
 ---pagebreak---   No L 145/28                            Official Journal of the European Communities                                  11 . 6. 88
                             Article 3                             — for the quantities for which the tender has not been
                                                                        accepted, or
t By way of derogation from Article 5 (3) of Regulation
  (EEC) No 1836/82, the minimum price to be complied               — in all other cases, in accordance with Title V of
  with shall be fixed in accordance with the procedure laid             Commission Regulation (EEC) No 2220/85 (2).
  down in Article 26 of Regulation (EEC) No 2727/75, at a          2.     The securities referred to in the fourth indent of the
  level ensuring equality of supply conditions throughout
  the Community with respect to the new harvest.                   second subparagraph of Article 2 (2) shall be released for
                                                                   the corresponding quantities of flour for which evidence
                             Article 4
                                                                   of export has been furnished.
  1 . By way of derogation from Article 21 ( 1 ) of                3. The primary requirement within the meaning of
  Commission Regulation (EEC) No 3183/80 ('), export               Article 20 of Regulation (EEC) No 2220/85 shall be
  licences issued shall, for the determination of their term       payment of the selling price and export within the time
                                                                   limit laid down for the common wheat flour under the
  of validity, be deemed to have been issued on the date of
  submission of the tender.                                        export licence referred to in Article 4.
  2.    Export licences issued under the present invitation        Evidence to be furnished shall be that applicable for the
  to tender shall be valid from the date of issue within the       security for the export licence issued following award of
  meaning of paragraph 1 until the end of the second               the contract.
  month thereafter.
  3 . Export licences issued under this invitation to tender                                  Article 7
  must bear the following entry in section 1 8 :
      'Invitation to tender issued by Regulation (EEC) No          The intervention agencies concerned shall take all neces­
      1624/ 88 — Tender from                                       sary steps to ensure compliance with the provisions of
                                                                   this Regulation. They shall provide each other with all
                             Article 5                             necessary information and shall inform the Commission
                                                                   weekly, within the Management Committee for Cereals,
  For the determination of the quantity of flour to be             of progress of the invitation to tender.
  exported, the quantity of common wheat awarded shall be
  delivered by a coefficient of 1,37.
                                                                                              Article 8
                             Article 6
                                                                   This Regulation shall enter into force on the day of its
   1.   The securities referred to in the third indent of the      publication in the Official Journal of the European
  second subparagraph of Article 2 (2) shall be released :          Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done sit Brussels, 10 June 1988 .
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
  (' OJ No L 338 , 13 . 12. 1980, p. 1 .                            (2) OJ No L 205, 3 . 8 . 1985, p. 5.