CELEX: 31993R1673
Language: en
Date: 1993-06-30 00:00:00
Title: Commission Regulation (EEC) No 1673/93 of 29 June 1993 authorizing certain intervention agencies to put up for sale by tender 150 000 tonnes of durum wheat for export in the form of durum wheat meal and groats

No L 158 /34                                 Official Journal of the European Communities                              30 . 6. 93
                                           COMMISSION REGULATION (EEC) No 1673/93
                                                            of 29 June 1993
                     authorizing certain intervention agencies to put up for sale by tender 150 000
                      tonnes of durum wheat for export in the form of durum wheat meal and groats
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            Whereas, to ensure that the operation is carried out
                                                                       smoothly, it should be stipulated that securities may be
                                                                       released only after completion of customs export formali­
Having Having regard to Council Regulation (EEC) No                    ties to avoid any disturbance of the market ;
2727/75 of 29 October 1975 on the common organization
of the market in cereals ('), as last amended by Regulation
                                                                       Whereas the Member States are to take all additional
(EEC) No 1738/92 (2), and in particular Article 7 (6)
thereof,                                                               measures compatible with the provisions in force to
                                                                       ensure that the scheme operates smoothly and that the
                                                                       Commission is kept informed ;
Whereas Article 3 of Council Regulation (EEC)
 No 1581 /86 of 23 May 1986 laying down general rules for              Whereas the Management Committee for Cereals has not
intervention on the market in cereals (3), as last amended             delivered an opinion within the time limit set by its
by Regulation (EEC) No 2203/90 (4), provides that the sale             chairman,
of cereals held by intervention agencies must be by invita­
tion to tender ;
Whereas Commission Regulation (EEC) No 1 836/82 0,
                                                                       HAS ADOPTED THIS REGULATION :
as last amended by Regulation (EEC) No 966/93 (6), lays
down the procedure and conditions for the disposal of
cereals held by intervention agencies ;
                                                                                                Article 1
Whereas in the Community, in respect of the commence­
ment of the 1993/94 cereals year on 1 July 1993, internal              The intervention agencies of the Member States listed
market prices for durum wheat are at a very high level                 below are hereby authorized to issue an invitation to
thanks to an overall production level reduced by the                   tender for the sale on the Community market of 1 50 000
drought in Spain and a reduction in land down to durum                 tonnes of durum wheat in accordance with Article 4 of
wheat in France ; whereas the Community's durum wheat                  Regulation (EEC) No 1836/82, as follows :
meal industry must continue to be able to export in order
to keep up normal trade flows ; whereas calculation of the                                                                 (tonnes)
refund on the basis of internal prices during the first
                                                                       Greece                                      20 000
three months of the 1993/94 cereals year would lead to a
very high refund sum not supported by knowledge that                   Spain                                       40 000
the current level of internal market prices would be main­             France                                      1 0 000
tained beyond September ; whereas, therefore, provision                Italy                                       80 000
should be made for the large intervention stocks to be
used tu supply the export meal industry during the period
 1 July to 30 September 1993 at price terms competitive
                                                                                                Article 2
with normal market prices for the new harvest as soon as
actual quantities are known and the market has recovered
its stability ;                                                        1 . The invitation to tender shall be open from 1 July
                                                                       to 15 September 1993.
Whereas the above situation requires the measure to be
implemented as a matter of urgency ;                                   2. A quantity of durum wheat meal and groats for
                                                                       human consumption equal to the quantity of durum
                                                                       wheat awarded divided by the coefficient referred to in
Whereas a conversion rate should be set to determine the               Article 5 must be exported to third countries.
quantity of durum wheat meal and groats to be exported
on the basis of the durum wheat used ;
                                                                       Tenders shall be valid only if they :
(') OJ No   L   281 ,  1 . 11 . 1975, p. 1 .                           — are accompanied by an application for an export
0   OJ No   L   180,   1 . 7. 1992, p. 1 .                                 licence for durum wheat meal and groats having an
0   OJ No   L   139,  24. 5. 1986, p. 36.                                  ash content of 0 to 1 300 mg per 100 g (0,16 mm
(4) OJ No   L   201 , 31 . 7. 1990, p. 5.
0   OJ No   L   202,  9. 7. 1982, p. 23.                                   sieve) with an application for advance fixing of the
(4 OJ No L 98, 24. 4. 1993, p. 25.                                         refund set for the relevant quality,
 ---pagebreak--- 30. 6. 93                             Official Journal of the European Communities                             No L 158/35
— are accompanied by evidence that the tenderer           has                              Article 6
    lodged a security of ECU 5 per tonne,
                                                                 1.    The securities referred to in the second indent of the
— are accompanied by a written undertaking from           the   second subparagraph of Article 2 (2) shall be released :
    tenderer to lodge, at the latest on payment of        the
    goods, a security covering any difference between     the   — for the quantities for which the tender has not been
    price provided for in Article 5 (3) of Regulation (EEC)          accepted, or
    No 1836/82 and that indicated in the tender.                — in all other cases, in accordance with Title V of
                                                                     Commission Regulation (EEC) No 2220/85 (').
                                                                2.    The securities referred to in the third indent of the
                          Article 3                             second subparagraph of Article 2 (2) shall be released for
                                                                the corresponding quantities of durum wheat meal and
The minimum sales price shall be ECU 120 per tonne.             groats for which evidence of export has been furnished.
                                                                3. The primary requirement within the meaning of
                                                                Article 20 of Regulation (EEC) No 2220/85 shall be
                          Article 4                             payment of the selling price and export within the time
                                                                limit laid down for the durum wheat meal and groats
1 . Customs export formalities for durum wheat meal             under the export licence referred to in Article 4.
and groats equivalent to that which would be obtained           Evidence to be furnished shall be that applicable for the
from cereals awarded must be accomplished within 45             security for the export licence issued following award of
days following the date of the award and not later than         the contract.
15 October 1993.
                                                                                           Article 7
2.    Export licences issued under this invitation to tender
must bear the following entry in Section 22 :                   The intervention agencies concerned shall take all neces­
                                                                sary steps to ensure compliance with the provisions of
    'Invitation to tender issued by Regulation (EEC)            this Regulation. They shall provide each other with all
    No 1673/93 — Tender from               \                    necessary information and shall inform the Commission
                                                                weekly, within the Management Committee for Cereals,
                                                                of the progress of the invitation to tender.
                          Article 5
                                                                                           Article 8
For the determination of the quantity of durum wheat            This Regulation shall enter into force on the day of its
meal and groats to be exported, the quantity of durum           publication in the Official Journal of the European
wheat awarded shall be divided by a coefficient of 1 ,50.        Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 29 June 1993.
                                                                          For the Commission
                                                                            Ren6 STEICHEN
                                                                      Member of the Commission
                                                                (') OJ No L 205, 3. 8. 1985, p. 5.