CELEX: 31992R1514
Language: en
Date: 1992-06-12 00:00:00
Title: Commission Regulation (EEC) No 1514/92 of 11 June 1992 authorizing certain intervention agencies to put up for sale by tender 246 000 tonnes of common wheat for export in the form of flour

12. 6. 92                                 Official Journal of the European Communities                            No L 159/29
                                      COMMISSION REGULATION (EEC) No 1514/92
                                                         of 11 June 1992
                 authorizing certain intervention agencies to put up for sale by tender 246 000
                                tonnes of common wheat for export in the form of flour
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          ensure that the scheme operates smoothly and that the
                                                                     Commission is kept informed ;
Having regard to the Treaty establishing the European                Whereas the Management Committee for Cereals has not
Economic Community,                                                  delivered an opinion within the time limit set by its
                                                                     chairman,
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 674/92 (2), and in particular Article 7 (6) thereof,              HAS ADOPTED THIS REGULATION :
Whereas Article 3 of Council Regulation (EEC) No                                              Article 1
1581 /86 of 23 May 1986 laying down general rules for
intervention on the market in cereals (3), as last amended
by Regulation (EEC) No 2203/90 (4), provides that the sale           The intervention agencies of the Member States listed
of cereals held by intervention agencies must be by invita­          below are hereby authorized to issue an invitation to
tion to tender :                                                     tender for the sale on the Community market of 246 000
                                                                     tonnes of common wheat in accordance with Article 4 of
                                                                     Regulation (EEC) No 1 836/82, as follows :
Whereas Commission Regulation (EEC) No 1836/82 (*),                                                               tonnes
as last amended by Regulation (EEC) No 3043/91 (6), lays
down the procedure and conditions for the disposal of                       Belgium                               20  000
cereals held by intervention agencies ;                                     Denmark                                 2 000
                                                                            Germany                              100  000
                                                                            France                               100  000
Whereas the Community cereal year begins on 1 July ;                        Germany (Musselkanaal)                14  000
whereas, however, in the north of the Community the                         France (Ghent)                        10  000
common wheat harvest is not available until August ;
whereas, as a result, millers working for export in the
north of the Community suffer from supply problems ;                                          Article 2
whereas, therefore, provision should be made for supplies
to the latter in July from intervention stocks at terms
                                                                     1.    The invitation to tender shall be open from 1 to 31
competitive with the market prices for the new harvest ;             July 1992.
Whereas a conversion rate should be set to determine the             2. A quantity of common wheat flour for human
quantity of flour to be exported on the basis of the                 consumption equal to the quantity of common wheat
common wheat used ;                                                  awarded divided by the coefficient referred to in Article 5
                                                                     must be exported to third countries.
Whereas, to ensure that the operation is carried out                 Tenders shall be valid only if they :
smoothly, it should be stipulated that securities may be
released only after completion of customs export formali­            — are accompanied by an application for an export
ties to avoid any disturbance of the market ;                            licence for common wheat flour having an ash
                                                                         content of 0 to 600 mg per 100 g with an application
                                                                         for advance fixing of the refund set for the relevant
Whereas the Member States are to take all additional                     quality,
measures compatible with the provisions in force to                  — are accompanied by evidence that the tenderer has
                                                                         lodged a security of ECU 5 per tonne,
 (') OJ No  L 281 , 1 . 11 . 1975, p. 1 .                            — are accompanied by a written undertaking from the
 (2) OJ No  L 73, 19. 3. 1992, p. 7.                                     tenderer to lodge, at the latest on payment of the
 (3) OJ No  L 139, 24. 5. 1986, p. 36.                                   goods, a security covering any difference between the
 (4) OJ No  L 201 , 31 . 7. 1990, p. 5.
 O   OJ No  L 202, 9. 7. 1982, p. 23.                                    price provided for in Article 5 (3) of Regulation (EEC)
 ¥) OJ No L 288, 18. 10. 1991 , p. 21                                    No 1836/82 and that indicated in the tender.
 ---pagebreak--- No L 159/30                             Official Journal of the European Communities                                 12. 6. 92
                           Article 3                               — for the quantities for which the tender has not been
                                                                       accepted, or
The minimum sales price shall be the intervention                  — in all other cases, in accordance with Title V of
buying-in price valid for October 1992, minus two
monthly increments.                                                    Commission Regulation (EEC) No 2220/85 (2).
                                                                   2.    The securities referred to in the third indent of the
                           Article 4                               second subparagraph of Article 2 (2) shall be released for
                                                                   the corresponding quantities of flour for which evidence
 1 . Notwithstanding Article 21 ( 1 ) of Commission                of export has been furnished.
Regulation (EEC) No 3719/88 ('), export licences issued
shall, for the determination of their term of validity, be         3. The primary requirement within the meaning of
deemed to have been issued on the date of submission of            Article 20 of Regulation (EEC) No 2220/85 shall be
the tender.
                                                                   payment of the selling price and export within the tin^e
                                                                   limit laid down for the common wheat flour under the
2.     Export licences issued under the present invitation         export licence referred to in Article 4.
to tender shall be valid from the date of issue within the
meaning of paragraph 1 until the end of the second                 Evidence to be furnished shall be that applicable for the
month thereafter.                                                 security for the export licence issued following award of
                                                                   the contract.
3. Export licences issued under this invitation to tender
must bear the following entry in section 22 :
                                                                                            Article 7
     'Invitation to tender issued by Regulation (EEC) No
     1514/92 — Tender from              \                         The intervention agencies concerned shall take all neces­
                                                                  sary steps to ensure compliance with the provisions of
                           Article 5                              this Regulation. They shall provide each other with all
                                                                  necessary information and shall inform the Commission
For the determination of the quantity of flour to be              weekly, within the Management Committee for Cereals,
exported, the quantity of common wheat awarded shall be           of progress of the invitation to tender.
delivered by a coefficient of 1,37.
                                                                                            Article 8
                           Article 6
                                                                  This Regulation shall enter into force on the seventh day
 1.    The securities referred to in the second indent of the     following its publication in the Official Journal of the
second subparagraph of Article 2 (2) shall be released :           European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                   Done at Brussels, 11 June 1992.
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
(') OJ No L 331 , 2. 12. 1 988, p. 1 .                            0 OJ No L 205, 3. 8 . 1985, p. 5.