CELEX: 31994R0239
Language: en
Date: 1994-02-03 00:00:00
Title: Commission Regulation (EC) No 239/94 of 2 February 1994 authorizing the Italian intervention agency to put up for sale by tender 100 000 tonnes of durum wheat for export from the other Member States in the form of durum wheat meal to Algeria

3. 2. 94                               Official Journal of the European Communities                             No L 30/21
                                     COMMISSION REGULATION (EC) No 239/94
                                                     of 2 February 1994
                 authorizing the Italian intervention agency to put up for sale by tender 100 000
                 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
Community,                                                        Whereas, where removal of the durum wheat is delayed
                                                                  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, Italy 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 die 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
Italian intervention stocks to be used to supply the
Community export meal industry during the period 1                1.    The Italian 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 100 000 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 68 000 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 of the Member States shall ensure that the
Whereas the specific nature of the operation requires            abovementioned quantity of meal is not exceeded. To that
greater flexibility in the mechanisms and obligations            end they shall supply each other with the necessary infor­
governing the resale of intervention stocks and the exclu­       mation .
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 100 000 tonnes of Italian
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 Italian 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,
O OJ No L 181 , 1 . 7. 1992, p. 21 .                                  — the specific weight,
0 OJ No L 196, 5. 8. 1993, p. 22.
(3) OJ No L 191 , 31 . 7. 1993, p. 76.                                — the moisture content,
 ---pagebreak---                                         Official Journal of the European Communities                                   3 . 2. 94
No L 30/22
     — the Hagberg falling number,                                 5.    Tenders may not be withdrawn.
     — the impurity, mottled grain and sprouted grain
         contents,
                                                                                             Article 5
     — the protein content.
5. It shall publish the notice of invitation to tender at          1 . No export refund shall be granted for exports carried
least three days before the date set for the first partial         out pursuant to this Regulation.
 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 60 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
                                                                       239/94 — 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 Italian interven­
 tion agency.                                                                                Article 7
                           Article 4
                                                                    1.   The Italian 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 Italian 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--- 3 . 2. 94                            Official Journal of the European Communities                            No L 30/23
To take account of the cost of transport between the ware­      reasons imputable to the intervention agency, Italy shall
house in which the durum wheat awarded is stored and            be responsible for the payment of compensation.
the port of export declared by the tenderer, when fixing
the minimum selling price a differential may be allowed
between tenderers submitted for export from Italy and           5.    All risks and storage costs shall be borne by the
                                                                successful tenderer from the time of removal.
Greece and tenders submitted for the export of durum
wheat meal from the other Member States.
The Italian 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 Italian 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 Italian inter­    the durum wheat has been transferred 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 15 (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           3. Except in duly substantiated exceptional cases, in
noxious grains, damaged grains and ergot, however,
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 Italy 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 Italian intervention agency shall           cultural Guidance and Guarantee Fund (EAGGF).
supply him with another lot of intervention durum wheat
of the requisite quality, at no extra charge, within eight     4. The primary requirement within the meaning of
days.                                                          Article 20 of Commission Regulation (EEC) No
                                                               2220/85 (3) shall be payment of the purchase price for the
                                                               durum wheat and export of the durum wheat meal within
4.     If removal of the durum wheat is delayed by more        the time limit laid down under cover of the export licence
than five days with relation to the date of acceptance of      referred to in Article 4 (3).
the lot to be removed by the successful tenderer for
                                                               0 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--- No L 30/24                             Official Journal of the European Communities                              3. 2. 94
                          Article 12                             — Sêmolas de trigo duro que não da direito a uma resti­
                                                                     tuição, destinado à Argélia — Regulamento (CE)
1 . Notwithstanding Article 12 of Regulation (EEC) No                n? 239/94.
3002/92, the export licence for the durum wheat meal
must bear the words :
— Sémola de trigo duro de intervención sin derecho a
                                                                 2. The use of one of the customs warehousing or free
    restitución, destinada a Argelia — Reglamento (CE)           zone schemes is prohibited.
    n° 239/94,
— Groft mel fra intervention uden restitutionsydelse
    bestemt for Algeriet — Forordning (EF) nr. 239/94,
— Feinhartweizengrieß ohne Ausfuhrerstattung, Bestim­                                    Article 13
    mung Algerien — Verordnung (EG) Nr. 239/94,
— Σιμιγδάλι σκληρού σίτου που δεν παρέχει δικα:                  The Italian intervention agency shall take all necessary
    ιωμα επιστροφής προοριζόμενο για την Αλγερία —               steps to ensure compliance with the provisions of this
    Κανονισμός (ΕΚ) αριθ. 239/94,                                Regulation. It shall inform the Commission weekly,
— Semolina of durum wheat not eligible for refund,               within the Management Committee for Cereals, of the
    bound for Algeria — Regulation (EC) No 239/94,               progress of the invitation to tender.
— Semoule de blé dur d intervention ne donnant pas
    droit à restitution, destinée à l'Algérie — Règlement
    (CE) n0 239/94,
— Semolini di frumento duro non dante diritto a restitu­                                 Article 14
    zione, destinato all'Algeria — Regolamento (CE)
    n. 239/94,                                                   This Regulation shall enter into force on the day of its
— Griesmeel zonder recht op restitutie, bestemd voor             publication in the Official Journal of the European
    Algerije — Verordening (EG) nr. 239/94,                       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---                                      Official Journal of the European Communities                                       No L 30/25
3 . 2. 94
                                                            ANNEX I
                                   Regions in which durum wheat is stored in Italy
                                                                                              (tonnes)
                                         Region of storage                      Quantities
                               Piemonte                                           1 5 734
                               Emilia Romagna                                     24 000
                               Liguria                                               5 413
                               Lombardia                                            4 769
                               Toscana                                            17 844
                               Lazio                                              29 130
                               Sicilia                                               3 110
                                                            ANNEX II
          Standing invitation to tender for 100 000 tonnes of durum wheat held by the Italian
                          intervention agency for export in the form of durum wheat meal
                   1               2              3              4                 5              6             7
                                                                            Increases {+)
              Registration                     Quantity      Offer price         and
                                                                                              Place of        Port of
              number of         Lot No                      (ECU/tonne)     eductions (—)
                                              in tonnes                                      processing       export
              the tender                                         0          (ECU/tonne)
                                                                                 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 Brus) :
          — telex :          22037 AGREC B
                             22070 AGREC B (Greek characters)
          — fax :            295 25 15
                             296 10 97
                             296 20 05