CELEX: 31993R3396
Language: en
Date: 1993-12-11 00:00:00
Title: Commission Regulation (EC) No 3396/93 of 10 December 1993 on the issuing of standing invitations to tender for the sale of common wheat of breadmaking quality held by the French and German intervention agencies for export to certain ACP countries in the 1993/94 marketing year

No L 306/38                            Official Journal of the European Communities                               11 . 12. 93
                                       COMMISSION REGULATION (EC) No 3396/93
                                                     of 10 December 1993
                  on the issuing of standing invitations to tender for the sale of common wheat of
                  breadmaking quality held by the French and German intervention agencies for
                            export to certain ACP countries in the 1993/94 marketing year
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        effected ; whereas to that end provision should be made
                                                                    for a security lodgment scheme which ensures that the
                                                                    aims are met while avoiding excessive costs for the opera­
 Having regard to the Treaty establishing the European              tors ; whereas derogations should accordingly be made to
  Community,                                                        certain rules, in particular those laid down in Regulation
                                                                    (EEC) No 2131 /93 ;
  Having regard to Council Regulation (EEC) No 1766/92             Whereas, where removal of the wheat is delayed by more
 of 30 June 1992 on the common organization of the                 than five days, or the release of one of the securities
 market in cereals ('), as amended by Commission Regula­           required is delayed, for reasons imputable to the interven­
 tion (EEC) No 2193/93 (2), and in particular Article 5            tion agency the Member State concerned will have to pay
 thereof,                                                          compensation ;
                                                                   Whereas the measures provided for in this Regulation are
 Whereas Commission Regulation (EEC) No 2131 /93 (3)               in accordance with the opinion of the Management
 lays down the procedure and conditions for the sale of            Committee for Cereals,
 cereals held by intervention agencies ;
 Whereas, with a view to supplying the markets of the              HAS ADOPTED THIS REGULATION :
 ACP countries, favoured partners of the Community,
 significant quantities of common wheat are required ;
 whereas these markets are usually supplied on the basis of
 annual contracts to ensure stable prices for the ACP                                         Article 1
 countries over a long period ; whereas it is therefore
 necessary to issue a specific invitation to tender to ensure      1 . Two standing invitations to tender are hereby issued
 that users in these countries have access to common               for the 1993/94 marketing year for the export of :
wheat of breadmaking quality in the 1993/94 marketing
year under conditions appropriate to the highly compet­            — 100 000 tonnes of common wheat of breadmaking
 itive situation on the world market ;                                  quality, held by the French intervention agency,
                                                                   — 50 000 tonnes of common wheat of breadmaking
                                                                        quality, held by the German intervention agency.
Whereas the French and German intervention agencies
 hold significant stocks of common wheat of high bread­            2. The common wheat must be exported to an ACP
 making quality ; whereas part of the wheat coming from
                                                                   State or to several States within one of the groups of ACP
the intervention stocks held by the aforementioned agen­           States listed in Annex I.
cies should therefore be resold to the ACP countries so as
to meet their quantitative and qualitative needs ; whereas
to avoid encroaching on the economic effects of the fol­           3.     The regions in which the 100 000 tonnes of French
                                                                   and 50 000 tonnes of German common wheat of bread­
lowing marketing year, the common wheat successfully
tendered for must be sent to the countries of destination          making quality are stored are listed in Annex II.
by 31 August 1994 at the latest ;
                                                                   4. The intervention agencies concerned shall prepare a
                                                                   notice of invitation to tender indicating for each lot or,
Whereas the specific nature of the operation and the              where appropriate, each part lot :
accounting position of the common wheat in question               — the location,
require greater flexibility in the mechanisms and obliga­
tions governing the resale of intervention stocks and also        — and at least the following features :
require the exclusion of any refund or monthly increase ;              — specific weight,
whereas special procedures must be laid down to ensure
that the operations and their monitoring are properly                  — moisture content,
                                                                       — Hagberg falling number,
(') OJ No L 181 , 1 . 7. 1992, p. 21 .                                 — impurity contents and sprouted grains,
0 OJ No L 196, 5. 8. 1993, p. 22.
0 OJ No L 191 , 31 . 7. 1993, p. 76.                                   — protein content.
 ---pagebreak---  11 . 12. 93                            Official Journal of the European Communities                             No L 306/39
 5. They shall publish the notice of invitation to tender           mentioning if necessary the names of the tenderers
 at least two days before the date set for the first partial        involved.
 invitation to tender.
                            Article 2                                                        Article 5
 Subject to the provisions of this Regulation, the sales of         1 . No export refund shall be granted for exports carried
 common wheat of breadmaking quality referred to in                 out pursuant to this Regulation.
 Article 1 shall take place in accordance with the pro­
 cedure and conditions laid down by Regulation (EEC)
 No 2131 /93 .                                                      2. The validity of the export licences issued in ac­
                                                                    cordance with this Regulation shall expire on 30 June
                                                                    1994.
                            Article 3
                                                                    3. The licence obliges the operator to export to the
 1 . The time limit for submitting tenders for the first           ACP State or States for which the licence application was
 partial invitations to tender shall be 9 p.m. (Brussels time)     submitted. However, up to a limit of 10 % of the quantity
 on Thursday 16 December 1993.                                     for which the licence was issued, the operator may effect
                                                                   his contract at another destination on condition that it
 2. The time limit for submitting tenders for the second           belongs to the same group of countries listed in Annex I.
 partial invitation to tender shall be 9 p.m. (Brussels time)
 on the following Thursday.                                        4.    The export licences shall be issued as soon as the
                                                                   successful tenderers have been selected.
The time limit for the last partial invitation to tender
 shall be 6 January 1994.
                                                                   5. Article 9 of Commission Regulation (EEC)
 3.    Tenders must be submitted to the intervention               No 3719/88 (') notwithstanding, the rights deriving from
agency in question.                                                the licence referred to in this Article shall not be trans­
                                                                   ferable.
                           Article 4
                                                                                            Article 6
 1.    Tenders shall only be admissible if :
— the tenderer provides written proof from an official             1 . The successful tenderer shall notify the storer and
     body in the country of destination or a company               the intervention agency in writing of his intention to
     having its overseas subsidiary in the said country, that      remove the merchandise at least 10 days in advance.
     he has concluded for the quantity in question a
     commercial supply contract for common wheat of
     breadmaking quality for export to an ACP State or to          2.    Before the lot tendered for is removed, the interven­
     several States within one of the groups of ACP States         tion agency and the successful tenderer shall take a
     listed in Annex I. Such proof shall be lodged with the        reference sample in accordance with the method laid
     intervention agency at least two working days before          down in Commission Regulation (EEC) No 689/92 (2).
     the date of the first invitation to tender,
— they are accompanied by an application for an export            Where the final results from analysis of this sample indi­
     licence for the destination in question.                     cate a significant difference between the quality of the
                                                                  wheat to be removed and the quality as described in the
                                                                  notice of invitation to tender referred to in Article 1 of
The proof provided for in the first indent shall also indi­       this Regulation, the successful tenderer can refuse the
cate the quality provided for in the contract, the time           merchandise .
limit for delivery and the price terms.
The Member State shall send the Commission a copy of              A significant difference shall be a discrepancy of more
the said proof forthwith, for information.                        than a kilo for the specific weight, a percentage point for
                                                                  the moisture content, 10 points for the Hagberg falling
2.     Tenders may not exceed the quantity laid down in           index, a percentage point for the protein content, a
the commercial contract submitted. Where on the basis of          percentage point for the impurities referred to under B2
the said contract the tenderer simultaneously participates        and 4 and a percentage point for the impurities referred
in   invitations  to   tender  in  the  two  Member States        to under B5, without however modifying the percentages
concerned, he shall be required to mention this in his            admissible for noxious grains and ergot, of the Annex to
bid.                                                              Regulation (EEC) No 689/92.
When transmitting the tenders submitted, the Member               (') OJ No L 331 , 2. 12. 1988, p. 1 .
States shall inform the Commission of the above,                  0 OJ No L 74, 20. 3. 1992, p. 18.
 ---pagebreak---   No L 306/40                           Official Journal of the European Communities                                11 . 12. 93
  3.    Where the successful tenderer refuses the merchan­              cordance with Articles 18 and 47 of Commission
  dise, as provided for in the second sentence of paragraph             Regulation (EEC) No 3665/87 (2).
  2 above, the intervention agency shall supply him with
  another lot of intervention common wheat of the re­
  quisite quality, without extra charge, within eight days at      3. Except in duly substantiated exceptional cases, in
  the most.                                                        particular the opening of an administrative enquiry, any
                                                                   release of the securities provided for in this Article after
                                                                   the time limits specified in this same Article shall confer
  4. If removal of the wheat is delayed by more than five          an entitlement to compensation from the Member State
  days with relation to the date of acceptance of the lot to       amounting to 0,015 ECU/10 tonne for each day's delay.
 be removed by the successful tenderer for reasons im­
 putable to the intervention agency, the Member State              This compensation shall not be charged to the EAGGF.
 shall be responsible for the payment of compensation.
 5.     All risks and storage costs shall be borne by the                                    Article 9
 successful tenderer from the time of removal.
                                                                   1 . Article 12 of Regulation (EEC) No 3002/92 notwith­
                                                                   standing, the documents relating to the sale of common
                           Article 7
                                                                  wheat in accordance with this Regulation and in par­
                                                                  ticular the export licence, the removal order referred to in
                                                                  Article 3 (1 ) (b) of Regulation (EEC) No 3002/92, the
 The successful tenderer shall pay for the common wheat           export declaration and, where appropriate, the T5 control
                                                                  copy must bear the words :
 before removing it at the price indicated in the tender.
 The payment due for each of the lots to be removed shall
 be indivisible .                                                 — Trigo blando panificable de intervención sin derecho
                                                                       a restitución, destinado a (nombre del Estado o de los
                                                                       Estados ACP), Reglamento (CE) n° 3396/93,
                                                                  — Bageegnet blød hvede fra intervention uden restitu­
                           Article 8                                   tionsydelse bestemt for (navnet på det eller de pågæl­
                                                                       dende AVS-lande), forordning (EF) nr. 3396/93,
 1 . The security lodged pursuant to Article 13 (4) of            — Interventions-Brotweichweizen        ohne   Ausfuhrerstat­
 Regulation (EEC) No 2131 /93 must be released once the                tung, Bestimmung (Name des AKP-Staates oder der
 export licences have been issued to the successful                   AKP-Staaten) — Verordnung (EG) Nr. 3396/93,
 tenderers.
                                                                  — μαλακός αρτοποιήσιμος σίτος παρέμβασης, που
                                                                       δεν παρέχει δικαίωμα επιστροφής, προοριζόμενος
 2.    The obligation to export and import into one of the            για (όνομα της χώρας ΑΚΕ ή των χωρών ΑΚΕ),
 countries of destination listed in Annex I shall be covered           κανονισμός (ΕΚ) αριθ. 3396/93,
by a security amounting to ECU 70 per tonne of which
 ECU 25 per tonne shall be lodged upon issue of the               — Intervention common wheat of breadmaking quality
 export licence, with the balance of ECU 45 being lodged              not eligible for refund, bound for (name of the ACP
before removal of the cereals.
                                                                      State or States), Regulation (EC) No 3396/93,
                                                                  — Blé tendre d intervention panifiable ne donnant pas
Article 15 (2) of Commission             Regulation    (EEC)          droit à restitution, destiné à (nom de l'État ACP ou
No 3002/92 (') notwithstanding :                                      des États ACP), règlement (CE) n0 3396/93,
— the amount of ECU 45 per tonne must be released                 — Frumento tenero d intervento panificabile non dante
     within 20 working days of the date on which the                  diritto a restituzione, destinato al (nome del paese o
     successful tenderer supplies proof that the wheat                dei paesi ACP), regolamento (CE) n. 3396/93,
     removed has left the customs territory of the Com­
     munity,                                                     — Zachte broodtarwe uit interventie, zonder recht op
                                                                      restitutie, bestemd voor (naam van de ACS-Staat of de
— the amount of ECU 25 per tonne must be released                     ACS-Staten), Verordening (EG) nr. 3396/93,
     within 15 working days of the date on which the
     successful tenderer supplies proof of entry for             — Trigo brando panificavel de intervenção que não dá
     consumption into the ACP State or States referred to             direito a uma restituição, destinado a (nome do Estado
     in Article 5 (3). This proof shall be supplied in ac­            ou dos Estados ACP), Regulamento (CE) n? 3396/93.
(') OJ No L 301 , 17. 10. 1992, p. 17.                           (2) OJ No L 351 , 14. 12. 1987, p. 1 .
 ---pagebreak--- 11 . 12. 93                          Official Journal of the European Communities                           No L 306/41
2.     Placement of the common wheat tendered for and             down in Annex III to one of the telex or fax numbers
removed under one of the customs warehouse or free                listed in Annex IV.
zone schemes must terminate by 31 August 1994 at the
latest.                                                           2. They shall inform the Commission on a monthly
                                                                  basis of the quantities of common wheat removed
                                                                  pursuant to this Regulation.
                        Article 10
                                                                                         Article 11
1.    The French and German intervention agencies shall
inform the Commission of the tenders received within              This Regulation shall enter into force on the day of its
three hours of the expiry of the time limit for submitting        publication in the Official Journal of the European
tenders . The information must be sent in the form laid           Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 10 December 1993.
                                                                           For the Commission
                                                                             Rene STEICHEN
                                                                        Member of the Commission
                                                        ANNEX I
                               Group of ACP States signatories to the Lome Convention
                                                          Group I
                                             Angola
                                             Zambia
                                             Malawi
                                             Mozambique
                                             Namibia
                                             Botswana
                                             Zimbabwe
                                             Lesotho
                                             Swaziland
 ---pagebreak---   No L 306/42                                 Official Journal of the European Communities                                          11 . 12. 93
                                                                       ANNEX II
                                                                                                                         (tonnes)
                                                Region of storage                                           Quantities
                   FRANCE :
                   Orleans                                                                                  100 000
                   GERMANY :
                   Schleswig-Holstein/Hamburg
                   Niedersachsen/Bremen                                                                      21 331
                   Berlin/Brandenburg
                   Mecklenburg-Vorpommern                                                                    23 934
                   Sachsen
                   Sachsen-Anhalt
                   Thuringen                                                                                  4 638
                                                                      ANNEX III
                   Standing invitation to tender for the export of 100 000 tonnes of common wheat of breadmaking
                   quality held by the French intervention agency and 50 000 tonnes of common wheat of
                                      breadmaking quality held by the German intervention agency
                                                            [Regulation (EC) No 3396/93]
           1                   2                  3                      4                       5                  6                 7
      Registration                                                  Offer price
                                                                                          Increases (+)       Commercial
      number of
                              Lot             Quantity                                   Reductions (— )
                            number           in tonnes             (ECU/tonne)                                   costs           Destination
     the tenderer                                                       (')
                                                                                           (ECU/tonne)
                                                                                                             (ECU/tonne)
                                                                                               p.m.
           1
           2
           3
         etc .
(') This price includes the increases and reductions relating to the lot for which the tender is submitted.
                                                                     ANNEX IV
The only telex and fax numbers in Brussels to be used are :
DG VI/C/1 (for the attention of Mr Thibault/Mr Brus) :
— telex :             22037 AGREC B,
                      22070 AGREC B (Greek characters),
— fax :               295 25 15
                      296 10 97
                      296 20 05 .