CELEX: 31994R1447
Language: en
Date: 1994-06-24 00:00:00
Title: Commission Regulation (EC) No 1447/94 of 23 June 1994 authorizing certain intervention agencies to put up for sale by tender 500 000 tonnes of common wheat for export in the form of flour

No L 157/ 10                             Official Journal of the European Communities                                   24. 6. 94
                                          COMMISSION REGULATION (EC) No 1447/94
                                                           of 23 June 1994
                     authorizing certain intervention agencies to put up for sale by tender 500 000
                                  tonnes of common wheat for export in the form of flour
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas the Management Committee for Cereals has not
                                                                      delivered an opinion within the time limit set by its
                                                                      chairman,
  Having regard to the Treaty establishing the European
  Community,
                                                                      HAS ADOPTED THIS REGULATION :
  Having regard to Council Regulation (EEC) No 1766/92
  of 30 June 1972 on the common organization of the
  market in cereals ('), as amended by Commision Regula­                                         Article 1
  tion (EEC) No 2193/93 (2), and in particular Article 5
  thereof,
                                                                      The intervention agencies of the Member States listed
                                                                      below are hereby authorized to issue an invitation to
  Whereas Commission Regulation (EEC) No 2131 /93 (3),                tender for the sale on the Community market of 500 000
  as amended by Regulation (EC) No 1 20/94 (4), lays down             tonnes of common wheat in accordance with Article 4 of
  the procedure and conditions for the disposal of cereals            Regulation (EEC) No 2131 /93, as follows :
  held by invitation agencies ;
                                                                                                                              (tonnes)
                                                                      Belgium                                       25 000
 Whereas the Community cereal year begins on 1 July ;                 Denmark                                        5 000
 whereas, however, in the north of the Community the
  common wheat harvest is not available until August ;                Germany (*)                                 1 50 000
 whereas, as a result, millers working for export in the              France 0                                    320 000
 Community suffer from supply problems ; whereas, there­             o Of which a part is stocked in the Benelux.
 fore, provision should be made for supplies to the latter in
 the period from 1 July to 15 August from intervention
 stocks at terms competitive with the market prices for the
 new harvest ;                                                                                   Article 2
                                                                      1 . The invitation to tender shall be open from 1 July
 Whereas a conversion rate should be set to determine the
                                                                     to 15 August 1994.
 quantity of flour to be exported on the basis of the
 common wheat used ;                                                 2. A quantity of common wheat flour for human
                                                                     consumption equal to the quantity of common wheat
                                                                     awarded divided by the coefficient referred to in Article 5
 Whereas, to ensure that the operation is carried out
                                                                     must be exported to third countries.
 smoothly, it should be stipulated that securities may be
 released only after completion of customs export formali­
 ties to avoid any disturbance of the market ;                       Tenders shall be valid only if they :
                                                                     — are accompanied by an application for an export
Whereas the Member States are to take all additional
                                                                          licence for common wheat flour having an ash
                                                                          content of 0 to 600 mg per 100 g with an application
 measures compatible with the provisions in force to                      for advance fixing of the refund set for the relevant
 ensure that the scheme operates smoothly and that the                    quality,
 Commission is kept informed ;
                                                                     — are accompanied by evidence that the tenderer has
                                                                          lodged a security of ECU 5 per tonne,
Whereas, Commission Regulation (EEC) No 2220/85 (*),                 — are accompanied by a written undertaking from the
as amended by Regulation (EC) No 3403/93 (6), lays down                   tenderer to lodge, at the latest on payment of the
common detailed rules for the application of the system                  goods, a security covering any difference between the
of securities for agricultural products ;                                 price provided for in Article 5 (3) of Regulation (EEC)
                                                                          No 2131 /93 and that indicated in the tender.
(») OJ  No  L  181 , 1 . 7. 1992, p. 21 .
(2) OJ  No  L  196, 5. 8. 1993, p. 22.
(3) OJ  No  L  191 , 31 . 7. 1993, p. 76.                                                        Article 3
(4) OJ  No  L 21 , 26. 1 . 1994, p. 1 .
0   OJ  No  L 205, 3. 8 . 1985, p. 5.
¥) OJ No L 310, 14. 12. 1993, p. 4.                                  The minimum sales price shall be ECU 107 per tonne.
 ---pagebreak--- 24. 6. 94                              Official Journal of the European Communities                            No L 157/ 11
                           Article 4                             2.    The securities referred to in the third indent of the
                                                                 second subparagraph of Article 2 (2) shall be released for
1 . The customs export formalities for the quantity of           the corresponding quantities of flour for which evidence
flour equivalent to that obtained from cereals must be           of export has been furnished.
completed within 30 days following the date of the award
and not later than 31 August 1994.                               3. The primary requirement within the meaning of
                                                                 Article 20 of Regulation (EEC) No 2220/85 shall be
2.    Export licences issued under this invitation to tender     payment of the selling price and export within the time
must bear the following entry in Section 22 :                    limit laid down for the common wheat flour under the
                                                                 export licence referred to in Article 4.
    'Invitation to tender issued by Regulation (EC) No
    1447/94 — Tender from                                        Evidence to be furnished shall be that applicable for the
                                                                 security for the export licence issued following award of
                                                                 the contract.
                          Article 5
                                                                                          Article 7
For the determination of the quantity of flour to be
exported, the quantity of common wheat awarded shall be          The intervention agencies concerned shall take all neces­
divided by a coefficient of 1,37.                                sary steps to ensure compliance with the provisions of
                                                                 this Regulation. They shall provide each other with all
                          Article 6                              necessary information and shall inform the Commission
                                                                 weekly, within the Management Committee for Cereals,
1.    The securities referred to in the second indent of the     of progress of the invitation to tender.
second subparagraph of Article 2 (2) shall be released :
                                                                                          Article 8
— for the quantities for which the tender has not been
    accepted, or                                                 This Regulation shall enter into force on the third day
— in all other cases, in accordance with Title V of Regu­        following its publication in the Official Journal of the
    lation (EEC) No 2220/85.                                     European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 23 June 1994.
                                                                          For the Commission
                                                                             Rene STEICHEN
                                                                      Member of the Commission