CELEX: 31994R0242
Language: en
Date: 1994-02-03 00:00:00
Title: Commission Regulation (EC) No 242/94 of 2 February 1994 authorizing the Greek intervention agency to put up for sale by tender 110 000 tonnes of durum wheat for export from the other Member States in the form of durum wheat meal to Algeria

Official Journal of the European Communities                                 3. 2. 94
No L 30/36
                                     COMMISSION REGULATION (EC) No 242/94
                                                     of 2 February 1994
                 authorizing the Greek intervention agency to put up for sale by tender 110 000
                 tonnes of durum wheat for export from the other Member States in the form of
                                               durum wheat meal to Algeria
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       should be stipulated that securities may be released only
                                                                  after presentation of proof of arrival ;
Having regard to the Treaty establishing the European             Whereas, where removal of the durum wheat is delayed
Community,
                                                                  by more than five days or the release of one of the
                                                                  required securities is delayed for reasons imputable to the
 Having regard to Council Regulation (EEC) No 1766/92             intervention agency, Greece should pay compensation ;
 of 30 June 1992 on the common organization of the
 market in cereals ('), as last amended by Commission             Whereas the Member States are to take all additional
 Regulation (EEC) No 2193/93 (2), and in particular Article       measures compatible with the provisions in force to
 5 thereof,                                                       ensure that the scheme operates smoothly and that the
                                                                  Commission is kept informed ;
Whereas Commission Regulation (EEC) No 2131 /93 (3)
 lays down the procedures and conditions for the disposal         Whereas the Management Committee for Cereals has not
 of cereals held by intervention agencies ;                       delivered an opinion within the time limit set by its
                                                                  chairman,
 Prices for durum wheat on the Community's internal
 market are very high due to a fall in total production
 caused by the drought in Spain and a reduction in land           HAS ADOPTED THIS REGULATION :
 down to durum wheat in France ; whereas the Commu­
 nity's durum wheat meal industry must continue to be
 able to export in order to keep up normal trade flows to
                                                                                            Article 1
 Algeria ; whereas, therefore, provision should be made for
 Greek intervention stocks to be used to supply the
 Community export meal industry during the period 1                1.   The Greek intervention agency is hereby authorized
 January to 30 April 1994 at competitive prices ;                 to issue an invitation to tender for the sale on the
                                                                  Community market of 110 000 tonnes of durum wheat in
                                                                  accordance with Article 4 of Regulation (EEC) No
 Whereas the above situation requires the measure to be           2131 /93 .
 implemented as a matter of urgency ;
                                                                  2.    A maximum of 72 000 tonnes of durum wheat meal
 Whereas a conversion rate should be set to determine the         for human consumption must be exported to Algeria,
 quantity of durum wheat meal to be exported on the basis         equal to the quantity of durum wheat awarded divided by
 of the durum wheat used ;                                        the coefficient referred to in Article 6. This maximum
                                                                  quantity may not come from Italy or Greece. The compe­
                                                                  tent authorities shall ensure that the abovementioned
 Whereas the specific nature of the operation requires            quantity of 20 000 tonnes of meal is not exceeded. To
greater flexibility in the mechanisms and obligations
governing the resale of intervention stocks and the exclu­        that end they shall supply each other with the necessary
                                                                  information .
 sion of any refund or monthly increase ; whereas special
 procedures must be laid down to ensure that the opera­           3.    The regions in which the 110 000 tonnes of Greek
 tions are properly carried out and monitored ; whereas to        durum wheat are stored are listed in Annex I.
 that end provision should be made for a system of securi­
ties to ensure that the aims of the measure are achieved
without placing excessive burdens on operators ; whereas          4. The Greek intervention agency shall prepare a
derogations should accordingly be made from certain               notice of invitation to tender indicating for each lot or,
rules, in particular those laid down in Regulation (EEC)          where appropriate, each part lot :
No 2131 /93 ;                                                    — the location,
Whereas, to ensure that the operation is carried out             — and, at least the following :
smoothly and to avoid any disturbance of the market, it               — the maximum percentage of wholly or partially
                                                                         mitadine grains,
0 OJ No L 181 , 1 . 7. 1992, p. 21 .                                  — the specific weight,
(2) OJ No L 196, 5. 8. 1993, p. 22.
0 OJ No L 191 , 31 . 7. 1993, p. 76.                                  — the moisture content,
 ---pagebreak---                                                                                                                    No L 30/37
3 . 2. 94                                Official Journal of the European Communities
     — the Hagberg falling number,                                  5.    Tenders may not be withdrawn.
     — the impurity, mottled grain and sprouted grain
          contents,
                                                                                              Article 5
     — the protein content.
                                                                     1.   No export refund shall be granted for exports carried
 5. It shall publish the notice of invitation to tender at          out pursuant to this Regulation.
 least three days before the date set for the first partial
 invitation to tender.
                                                                    2. Customs export formalities for durum wheat meal
                                                                    equivalent to that which would be obtained from the
                            Article 2                               cereals awarded must be completed within 45 days of the
                                                                    date of the award and not later than 30 April 1994.
 Subject to the provisions of this Regulation, the sales of
 durum wheat referred to in Article 1 shall take place in           3. Export licences issued under this invitation to tender
 accordance with the procedure and conditions laid down             must bear the following entry in Section 22 :
 in Regulation (EEC) No 2131 /93.
                                                                        'Invitation to tender opened by Regulation (EC) No
                                                                        242/94 — Tender dated . . .'.
                            Article 3
                                                                    4. Notwithstanding Article 9 of Commission Regula­
  1 . The time limit for submitting tenders for the first           tion (EEC) No 3719/88 ('), the rights deriving from the
 partial invitation to tender shall be 1 p.m. (Brussels time)       licence referred to in this Article shall not be transferable.
 on Wednesday, 9 February 1994.
 2. The time limit for submitting tenders for the subse­                                      Article 6
 quent partial invitations to tender shall be 1 p.m. (Brussels
 time) each Wednesday.
                                                                     For the determination of the quantity of durum wheat
 The time limit for the last partial invitation to tender           meal to be exported, the quantity of durum wheat
 shall be 23 March 1994.                                            awarded shall be delivered by a coefficient of 1,48.
 3.      Tenders must be submitted to the Greek interven­
 tion agency.                                                                                 Article 7
                            Article 4
                                                                     1.   The Greek intervention agency shall inform the
                                                                    Commission of the tenders received within two hours of
  1 . Interested parties shall submit a tender to the               the expiry of the time limit for the submission of tenders.
                                                                    The information must be sent in the form laid down in
 competent Greek authorities either in writing against an           Annex II to one of the telex or fax numbers listed in
 acknowledgment of receipt or by telex, telegram or fax.            Annex III.
 2.      The tender shall indicate :
                                                                    Where no tenders are received, the agency shall inform
 — the reference of the invitation to tender,                       the Commission within the time limit laid down in
 — the name, full address and telex or fax number of the            subparagraph 1 .
       tenderer,
 — the quantity of durum wheat to be exported in the                2. It shall inform the Commission on a monthly basis
      form of meal,                                                 of the quantities of durum wheat removed pursuant to
                                                                    this Regulation.
 — the proposed purchasing price per tonne in eucs.
 3.      Tenders shall be valid only if they are accompanied                                  Article 8
 by :
— an application for an export licence for Algeria for              On the basis of the tenders submitted and notified, the
      durum wheat meal falling within Product code                  Commission shall decide, in accordance with the proce­
      1103 11 10 200,                                               dure laid down for in Article 23 of Council Regulation
— proof that the tenderer has lodged a security of ECU 5           (EEC) No 1766/92 :
      per tonne,
                                                                   — either to fix a minimum selling price,
— an undertaking from the operator that he will transfer
      the durum wheat awarded to the country from which            — or not to proceed with the invitation to tender.
      the meal will be exported.
                                                                   Where a minimum selling price is fixed, the contract
4.      Tenders not submitted in accordance with para­             shall be awarded to the tenderer submitting offers at or
graphs 1 , 2 and 3 or which contain conditions other than          above that minimum price.
those laid down in the invitation to tender shall be
invalid.
                                                                   (') OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak--- No L 30/38                            Official Journal of the European Communities                                  3 . 2. 94
To take account of cost of transport between the ware­           Greece shall be responsible for the payment of compensa­
house in which the durum wheat awarded is stored and             tion .
the port of export declared by the tenderer, when fixed
the minimum selling price a differential may be allowed          5.     All risks and storage costs shall be borne by the
between tenders submitted for export from Italy and              successful tenderer from the time of removal.
Greece and tenders submitted for the export of durum
wheat meal from the other Member States.
The Greek intervention agency shall inform all tenderers                                  Article 10
 in writing of the result of their tender as soon as the
Commission has adopted the decision referred to in para­         The successful tenderer shall pay for the durum wheat
graph 1 .                                                        before removing it at the price indicated in the tender.
                                                                 The payment due for each of the lots to be removed shall
                                                                 be indivisible.
                           Article 9
                                                                                          Article 11
 1 . The successful tenderer shall notify the storer and
 the Greek intervention agency in writing at least ten days       1 . The security referred to in Article 4 (3) must be
 in advance of his intention to remove the merchandise.
                                                                 released for the corresponding quantities of durum wheat
                                                                 as soon as the operator concerned has supplied proof that
 2.    Before the lot awarded is removed, the Greek inter­       the durum wheat has been transfered to the country in
 vention agency and the successful tenderer shall take a         which the customs formalities for the export of the meal
 reference sample in accordance with the method laid             have been completed and for which the tender has not
 down in Commission Regulation (EEC) No 689/92 (').              been accepted.
                                                                 2. The obligation to export from the Community and
 Where the final results of the analysis of the sample indi­      import into Algeria shall be covered by a security amoun­
 cate a significant difference between the quality of the         ting to ECU 50 per tonne of durum wheat of which ECU
 durum wheat to be removed and the quality as described           25 per tonne shall be lodged upon issue of the licence for
 in the notice of invitation to tender referred to in Article
                                                                 the export of meal for the corresponding quantity of
 1 of this Regulation, the successful tenderer may refuse        durum wheat and the balance of ECU 25 per tonne
 the merchandise.                                                before removal of the cereals.
 A significant difference shall be a specific weight of less     Notwithstanding Article 1 5 (2) of Commission Regulation
 than 76 kg/hi, a level of broken grains of more than 9 %        (EEC) No 3002/92 (2), the amount of ECU 50 per tonne of
 and a discrepancy of one percentage point for the mois­         durum wheat corresponding to the processed meal must
 ture content, ten points for the Hagberg falling index, one     be released within 15 working days of the date on which
 percentage point for the protein content, ten percentage        the successful tenderer submits proof that the meal has
 points for the impurities referred to under B.2, B.3 and        arrived in Algeria.
 B.4 and a half a percentage point for the impurities
 referred to under B.5, the percentage admissible for
 noxious grains, damaged grains and ergot, however,              3. Except in duly substantiated exceptional cases, in
 remaining as laid down in the Annex to Regulation (EEC)         particular the opening of an administrative enquiry, any
 No 689/92.                                                      release of the securities provided for in this Article after
                                                                 the time limits specified herein shall confer an entitle­
                                                                 ment to compensation from Greece amounting to ECU
3.     Where the successful tenderer refuses the merchan­        0,015 per 10 tonnes of meal for each day's delay. Such
dise, as provided for in the second subparagraph of para­        compensation shall not be charged to the European Agri­
graph 2 above, the Greek intervention agency shall supply        cultural Guidance and Guarantee Fund (EAGGF).
him with another lot of intervention durum wheat of the
requisite quality, at no extra charge, within eight days.       4. The primary requirement within the meaning of
                                                                Article 20 of Commission Regulation (EEC) No
                                                                2220/85 f) shall be payment of the purchase price for the
4.     If removal of the durum wheat is delayed by more         durum wheat and export of the durum wheat meal within
than five days with relation to the date of acceptance of       the time limit laid down under cover of the export licence
the lot to be removed by the successful tenderer for            referred to in Article 4 (3).
reasons imputable to the Greek intervention agency, the
                                                                (2) OJ No L 301 , 17. 10. 1992, p. 17.
(') OJ No L 74, 20. 3. 1992, p. 18.                             0 OJ No L 205, 3. 8. 1985, p. 5.
 ---pagebreak--- 3. 2. 94                              Official Journal of the European Communities                          No L 30/39
                         Article 12                             — Griesmeel zonder recht op restitutie, bestemd voor
                                                                    Algerije — Verordening (EG) nr. 242/94,
1 . Notwithstanding Article 12 of Regulation (EEC) No
3002/92, the export licence for the durum wheat meal            — Sêmolas de trigo duro que não dá direito a uma resti­
must bear the words :                                               tuição, destinado à Argélia — Regulamento (CE)
                                                                    n ? 242/94.
— Sémola de trigo duro de intervención sin derecho a
    restitución, destinada a Argelia — Reglamento (CE)          2.    The use of one of the customs warehousing or free
    n° 242/94,                                                  zone schemes is prohibited.
— Groft mel fra intervention uden restitutionsydelse
    bestemt for Algeriet — Forordning (EF) nr. 242/94,
— Feinhartweizengrieß ohne Ausfuhrerstattung, Bestim­                                   Article 13
    mung Algerien — Verordnung (EG) Nr. 242/94,
— Συμιγδάλι σκληρού σίτου που δεν παρέχει δικα­                 The Greek intervention agency shall take all necessary
    ίωμα επιστροφής προοριζόμενο για την Αλγερία —              steps to ensure compliance with the provisions of this
    Κανονισμός (ΕΚ) αριθ. 242/94,                               Regulation. It shall inform the Commission weekly,
                                                                within the Management Committee for Cereals, of the
— Semolina of durum wheat not eligible for refund,              progress of the invitation to tender.
   bound for Algeria — Regulation (EC) No 242/94,
— Semoule de blé dur d intervention ne donnant pas
   droit à restitution, destinée à l'Algérie — Règlement                                Article 14
   (CE) n0 242/94,
— Semolini di frumento duro non dante diritto a restitu­        This Regulation shall enter into force on the day of its
   zione, destinato all'Algeria — Regolamento (CE)              publication in the Official Journal of the European
   n. 242/94,                                                    Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 2 February 1994.
                                                                         For the Commission
                                                                            Rene STEICHEN
                                                                     Member of the Commission
 ---pagebreak--- No L 30/40                           Official Journal of the European Communities                                        3. 2. 94
                                                             ANNEX I
                                   Regions in which durum wheat is stored in Greece
                                                                                                (tonnes)
                                          Region of storage                        Quantities
                                Magnissia                                           13 446
                                Kastoria                                              9 186
                                Fiorina                                               3 214
                                Chalkidiki                                            3 035
                                Evvia                                                   510
                                Viotia                                                  386
                                Larissa                                             46 485
                                Karditsa                                              1 549
                                Thessaloniki                                          8 294
                                Kilkis                                                2 583
                                Fthiotida                                             2 965
                                Samothraki                                              682
                                Imathia                                               1 180
                                Serres                                                4 940
                                Xanthi                                                9 490
                                Evrou                                                 2 055
                                                             ANNEX II
           Standing invitation to tender for 110 000 tonnes of durum wheat held by the Greek
                   intervention agency for export in the form of durum wheat meal to Algeria
                    1       I      2               3               4                5              6      I       7~'
                                                                              Increases (+)
               Registration                                   Offer price          and
               number of        Lot No          Quantity     (ECU/tonne)
                                                                                               Place of        Port of
                                               in tonnes                     reductions (—)
               the tender                                         (')         (ECU/tonne)     processing       export
                                                                                  p.m.
                    1
                    2
                    3
                  etc .
           (') This price includes the increases and reductions applicable to the lot for which the tender is submitted.
                                                            ANNEX III
           The only telex and fax numbers in Brussels to be used are :
           DG IV/C/ 1 (for the attention of Mr Thibault/Mr Bras) :
           — telex :          22037 AGREC B
                              22070 AGREC B (Greek characters)
           — fax :            295 25 15
                              296 10 97
                              296 20 05