CELEX: 31994R0240
Language: en
Date: 1994-02-03 00:00:00
Title: Commission Regulation (EC) No 240/94 of 2 February 1994 authorizing the Greek intervention agency to put up for sale by tender 30 000 tonnes of durum wheat for export in the form of durum wheat meal to Algeria

No L 30/26                              Official Journal of the European Communities                                 3 . 2. 94
                                       COMMISSION REGULATION (EC) No 240/94
                                                      of 2 February 1994
                  authorizing the Greek intervention agency to put up for sale by tender 30 000
                    tonnes of durum wheat for export 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
 Algeria ; whereas, therefore, provision should be made for                                  Article 1
 intervention stocks to be used to supply the Community
 export meal industry during the period 1 January to 30             1.   The Greek intervention agency is hereby authorized
 April 1994 at competitive prices ;                                to issue an invitation to tender for the sale on the
                                                                   Community market of 30 000 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 20 000 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 Greek authorities shall ensure that the abovemen­
 Whereas the specific nature of the operation requires             tioned quantity of 20 000 tonnes of meal is not exceeded.
 greater flexibility in the mechanisms and obligations            To that end they shall supply each other with the neces­
governing the resale of intervention stocks and the exclu­        sary 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 30 000 tonnes of durum
 tions are properly carried out and monitored ; whereas to        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,
(■) OJ No L 181 , 1 . 7. 1992, p. 21 .                                 — the specific weight,
(2) OJ No L 196, 5. 8. 1993, p. 22.
(3). OJ No L 191 , 31 . 7. 1993, p. 76.                                — the moisture content,
 ---pagebreak--- 3. 2. 94                               Official Journal of the European Communities                              No L 30/27
    — 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
                                                                  cereals awarded must be completed within 45 days of the
                           Article 2
                                                                  date of the award and not later than 30 April 1994.
Subject to the provisions of this Regulation, the sales of        3. Export licences issued under this invitation to tender
 durum wheat referred to in Article 1 shall take place in         must bear the following entry in Section 22 :
 accordance with the procedure and conditions laid down
 in Regulation (EEC) No 2131 /93.                                     'Invitation to tender opened by Regulation (EC) No
                                                                      240/94 — Tender dated . .
                           Article 3                              4. Notwithstanding Article 9 of Commission Regula­
                                                                  tion (EEC) No 3719/88 ('), the rights deriving from the
 1.    The time limit for submitting tenders for the first        licence referred to in this Article shall not be transferable .
 partial invitation to tender shall be 1 p.m. (Brussels time)
 on Wednesday, 9 February 1994.
                                                                                            Article 6
 2. The time limit for submitting tenders for the subse­
 quent partial invitations to tender shall be 1 p.m. (Brussels     For the determination of the quantity of durum wheat
 time) each Wednesday.                                             meal to be exported, the quantity of durum wheat
                                                                   awarded shall be delivered by a coefficient of 1,48.
 The time limit for the last partial invitation to tender
 shall be 23 March 1994.
                                                                                            Article 7
 3.    Tenders must be submitted to the Greek interven­
 tion agency.                                                      1.   The Greek intervention agency shall inform the
                                                                  Commission of the tenders received within two hours of
                                                                  the expiry of the time limit for the submission of tenders.
                           Article 4                              The information must be sent in the form laid down in
                                                                  Annex II to one of the telex or fax numbers listed in
 1.    Interested parties shall submit a tender to the            Annex III.
 competent Greek authorities either in writing against an
 acknowledgment of receipt or by telex, telegram or fax.          Where no tenders are received, the agency shall inform
                                                                  the Commission within the time limit laid down in
 2.    The tender shall indicate :
                                                                  subparagraph 1 .
 — the reference of the invitation to tender,
                                                                  2. It shall inform the Commission on a monthly basis
 — the name, full address and telex or fax number of the
     tenderer,
                                                                  of the quantities of durum wheat removed pursuant to
                                                                  this Regulation.
— the quantity of durum wheat to be exported in the
     form of meal,
— the proposed purchasing price per tonne in eucs.                                          Article 8
3.     Tenders shall be valid only if they are accompanied        1.    On the basis of the tenders submitted and notified,
by :                                                              the Commission shall decide, in accordance with the
                                                                  procedure laid down for in Article 23 of Council Regula­
— an application for an export licence for Algeria for            tion (EEC) No 1766/92 :
     durum wheat meal falling within Product code
     1103 11 10 200,                                              — either to fix a minimum selling price,
— proof that the tenderer has lodged a security of ECU 5         — or not to proceed with the invitation to tender.
     per tonne.
                                                                  2.    Where a minimum selling price is fixed, the
4.     Tenders not submitted in accordance with para­            contract shall be awarded to the tenderer submitting
graphs 1 , 2 and 3 or which contain conditions other than        offers at or 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 30/28                             Official Journal of the European Communities                                  3 . 2. 94
 3.    The competent Greek authorities shall inform all                                     Article 10
 tenderers in writing of the result of their tender as soon as
 the Commission has adopted the decision referred to in
 paragraph 1 .
                                                                   The successful tenderer shall pay for the durum wheat
                                                                   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
 1.    The successful tenderer shall notify the storer and
 the intervention agency in writing at least ten days in                                    Article 11
 advance of his intention to remove the merchandise .
 2.    Before the lot awarded is removed, the intervention          1.   The security lodged pursuant to Article 13 (4) of
 agency and the successful tenderer shall take a reference         Regulation (EEC) No 2131 /93 must be released for         the
 sample in accordance with the method laid down in                 corresponding quantities of durum wheat once              the
 Commission Regulation (EEC) No 689/92 (').                        licences for the export of meal have been issued to       the
                                                                   successful tenderers and for the quantities for which     the
                                                                   tender has not been accepted.
 Where the final results of the analysis of the sample indi­
 cate a significant difference between the quality of the
 durum wheat to be removed and the quality as described
 in the notice of invitation to tender referred to in Article      2. The obligation to export from the Community and
  1 of this Regulation, the successful tenderer may refuse         import into Algeria shall be covered by a security amoun­
 the merchandise.                                                  ting to ECU 50 per tonne of durum wheat of which ECU
                                                                   25 per tonne shall be lodged upon issue of the licence for
                                                                   the export of meal for the corresponding quantity of
 A significant difference shall be a specific weight of less       durum wheat and the balance of ECU 25 per tonne
                                                                   before removal of the cereals .
 than 76 kg/hi, a level of broken grains of more than 9 %
 and a discrepancy of one percentage point for the mois­
 ture content, ten points for the Hagberg falling index, one
 percentage point for the protein content, ten percentage          Notwithstanding Article 15 (2) of Commission Regulation
 points for the impurities referred to under B.2, B.3 and          (EEC) No 3002/92 (2), the amount of ECU 50 per tonne of
 B.4 and a half a percentage point for the impurities              durum wheat corresponding to the processed meal must
 referred to under B.5, the percentage admissible for              be released within 15 working days of the date on which
 noxious grains, damaged grains and ergot, however,                the successful tenderer submits proof that the meal has
 remaining as laid down in the Annex to Regulation (EEC)           arrived in Algeria.
 No 689/92.
 3.    Where the successful tenderer refuses the merchan­          3.    Except in duly substantiated exceptional cases, in
 dise, as provided for in the second subparagraph of para­         particular the opening of an administrative enquiry, any
 graph 2 above, the intervention agency shall supply him           release of the securities provided for in this Article after
 with another lot of intervention durum wheat of the               the time limits specified herein shall confer an entitle­
 requisite quality, at no extra charge, within eight days.         ment to compensation from Greece amounting to ECU
                                                                   0,015 per 10 tonnes of meal for each day's delay. Such
                                                                   compensation shall not be charged to the European Agri­
4. If removal of the durum wheat is delayed by more                cultural Guidance and Guarantee Fund (EAGGF).
than five days with relation to the date of acceptance of
the lot to be removed by the successful tenderer for
reasons imputable to the intervention agency, the
Member State shall be responsible for the payment of              4. The primary requirement within the meaning of
compensation.                                                     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
                                                                  the time limit laid down under cover of the export licence
5.     All risks and storage costs shall be borne by the          referred to in Article 4 (3).
successful tenderer from the time of removal .
                                                                  (2) OJ No L 301 , 17. 10. 1992, p. 17.
(') OJ No L 74, 20. 3. 1992, p. 18 .                              (3) OJ No L 205, 3. 8 . 1985, p. 5.
 ---pagebreak--- 3. 2. 94                               Official Journal of the European Communities                          No L 30/29
                          Article 12                             — Griesmeel zonder recht op restitutie, bestemd voor
                                                                     Algerije — Verordening (EG) nr. 240/94,
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 ? 240/94.
— 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° 240/94,                                                   zone schemes is prohibited.
— Groft mel fra intervention uden restitutionsydelse
    bestemt for Algeriet — Forordning (EF) nr. 240/94,
— Feinhartweizengrieß ohne Ausfuhrerstattung, Bestim­                                    Article 13
    mung Algerien — Verordnung (EG) Nr. 240/94,
— 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. 240/94,                                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 240/94,
— Semoule de blé dur d intervention ne donnant pas
    droit à restitution, destinée à l'Algérie — Règlement                                Article 14
    (CE) n0 240/94,
— 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. 240/94,                                                    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 30/30                           Official Journal of the European Communities                                        3 . 2. 94
                                                             ANNEX I
                                                   Greece : regions of storage
                                                                                                (tonnes)
                                          Region of storage                       Quantities
                                Magnissia                                             8 548
                                Pella                                                 2 500
                                Larissa                                             13 878
                                Kavala                                                1 100
                                Kozani                                                2 148
                                Thessaloniki                                          1 826
                                                             ANNEX II
           Standing invitation to tender for 30 000 tonnes of durum wheat held by the Greek
                   intervention agency for export in the form of durum wheat meal to Algeria
                    1              2               3              4                 5              6              7
                                                                             Increases (+)
               Registration                                   Offer price         and
               number of        Lot No          Quantity     (ECU/tonne)     reductions (— )
                                                                                               Place of        Port of
                                               in tonnes                                      processing       export
               the tender                                         (')        (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