CELEX: 31987R1646
Language: en
Date: 1987-06-13 00:00:00
Title: Commission Regulation (EEC) No 1646/87 of 12 June 1987 authorizing certain intervention agencies to put up for sale by tender 483 000 tonnes of common wheat for export in the form of flour

No L 153/24                              Official Journal of the European Communities                                  13 . 6. 87
                                       COMMISSION REGULATION (EEC) No 1646/87
                                                         of 12 June 1987
                   authorizing certain intervention agencies to put up for sale by tender 483 000
                                 tonnes of common wheat for export in the form of flour
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         whereas the measures provided for in this Regulation are
                                                                    in accordance with the opinion of the Management
                                                                    Commitee for Cereals,
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                    HAS ADOPTED THIS REGULATION
 Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)
No 1 579/86 (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 483 000
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
                                                                            Belgium                               50 000
Whereas Commission Regulation (EEC) No 1836/82 (4),                         Denmark                                 1 000
as last amended by Regulation (EEC) No 124/87 0, lays                       Germany                              100 000
down the procedure and conditions for the disposal of                       France                              300 000
cereals held by intervention agencies ;                                     Netherlands                           30 000
                                                                            United Kingdom
Whereas, in the southern regions of the Community, the                      Luxembourg                              2 000
                                                                            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 1987.
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
                                                                        licence for common wheat flour having an ash
Whereas, to ensure that the operation is carried out smoo­              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 139, 24. 5. 1986, p. 29 .
0   OJ  No  L 139, 24. 5. 1986, p. 36.                                  goods, a security covering any difference between      the
(4) OJ  No  L 202, 9. 7. 1982, p. 23.                                   price provided for in Article 5 (3) of Regulation (EEC)
0   OJ  No  L 15, 17. 1 . 1987, p. 9.                                   No 1836/82 and that indicated in the tender.
 ---pagebreak--- 13 . 6. 87                             Official Journal of the European Communities                             No L 153/25
                            Article 3                            — for the quantities for which the tender has not been
                                                                      accepted, or
By way of derogation from Article 5 (3) of Regulation            — in all other cases, in accordance with Title V of
(EEC) No 1836/82, the minimum price to be complied
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 18 :
     'Invitation to tender issued by Regulation (EEC) No          The intervention agencies concerned shall take all neces­
     1646/87 — 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 at Brussels, 12 June 1987.
                                                                            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.