CELEX: 31987R2765
Language: en
Date: 1987-09-17 00:00:00
Title: Commission Regulation (EEC) No 2765/87 of 16 September 1987 authorizing certain intervention agencies to put up for sale by tender 450 000 tonnes of common wheat for export in the form of flour

17. 9 . 87                                Official Journal of the European Communities                            No L 266/ 11
                                      COMMISSION REGULATION (EEC) No 2765/87
                                                      of 16 September 1987
                 authorizing certain intervention agencies to put up for sale by tender 450 000
                                tonnes of common wheat for export in the form of flour
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European
Economic Community,                                                                            Article 1
                                                                     The intervention agencies of the Member States listed
Having regard to Council Regulation (EEC) No 2727/75                 below are hereby authorized to issue an invitation to
of 29 October 1975 on the common organization of the                 tender for the sale on the Community market of 450 000
market in cereals ('), as last amended by Regulation (EEC)           tonnes of common wheat in accordance with Article 4 of
No 1900/87 (2), and in particular Article 7 (5) thereof,             Regulation (EEC) No 1836/82, as follows :
                                                                                                              (tonnes)
Whereas Article 3 of Council Regulation (EEC) No
1581 /86 of 23 May 1986 laying down general rules for the                       Germany                      200 000
intervention on the market in cereals (3), provides that the                    France                       250 000
sale of cereals held by intervention agencies must be by
invitation to tender ;
                                                                                               Article 2
Whereas Commission Regulation (EEC) No 1836/82 (4),
as last amended by Regulation (EEC) No 2418/87 (^, lays              1.      The invitation to tender shall be open from 15
down the procedure and conditions for the disposal of                September to 15 October 1987.
cereals held by intervention agencies ;
                                                                     2. The common wheat awarded must be processed into
Whereas in part of the Community the 1987 common                     flour for human consumption and exported to third coun­
                                                                     tries .
wheat harvest has been affected by exceptional weather
conditions that could not have been anticipated by oper­
ators who undertook before 1 August 1987 to export flour             3.      Tenders shall not be valid unless
either commercially or as food aid ; whereas these oper­
ators should be enabled to draw supplies from interven­              (a) submitted by an operator designated before 1 August
tion stocks by means of a sale of these stocks by tender ;                 1987 successful tenderer for a Community or national
                                                                          supply of flour as food aid ;
Whereas a conversion rate should be set to determine the             (b) submitted by an operator holding before 1 August
 quantity of flour to be exported on the basis of the                      1987 an export licence, with advance fixing of the
 common wheat used ;                                                      refund, for the same quantity as that for which the
                                                                          tender is made ;
                                                                      (c) accompanied by evidence that the tenderer has lodged
Whereas, to ensure that the operation is carried out                      security of 10 ECU per tonne.
 smoothly, it should be stipulated that securities may be
 released only after completion of customs export formali­
 ties to avoid any disturbance of the market ;
                                                                                               Article 3
 Whereas the member States are to take all additional
                                                                      By way of derogation from Article 5 ( 1 ) of Regulation
 measures compatible with the provisions in force to                  (EEC) No 1836/82, the minimum price to be complied
 ensure that the scheme operates smoothly and that the
                                                                      with shall be fixed in accordance with the procedure laid
 Commission is kept informed ;
                                                                      down in Article 26 of Regulation (EEC) No 2727/75, at a
                                                                      level ensuring equality of supply conditions throughout
 Whereas the measures provided for in this Regulation are             the Community with respect to the new harvest.
 in accordance with the opinion of the Management
 Committee for Cereals,
                                                                                               Article 4
 (') OJ No  L 281 , 1 . 11 . 1975, p. 1 .
 (2) OJ No  L 182,  3. 7. 1987, p. 40.                                 For the determination of the quantity of flour to be
 (3) OJ No  L 139,  24. 5. 1986, p. 36.
 (<) OJ No  L 202,  9. 7. 1982, p. 23.                                exported, the quantity of common wheat awarded shall be
 0   OJ  No L 223,  11 . 8 . 1987, p. 5.                               divided by a coefficient of 1,37.
 ---pagebreak--- No L 266/ 12                            Official Journal of the European Communities                              17. 9 . 87
                          Article 5                               Evidence to be furnished shall be that applicable for the
                                                                  security for the export licence issued following award of
                                                                  the contract.
1.    The security referred to at (c) of Article 2 (3) shall be
released :                                                                                 Article 6
                                                                  The intervention agencies concerned shall take all
— for the quantities for which the tender has not been            necessary steps to ensure compliance with the provisions
     accepted, or                                                 of this Regulation. They shall provide each other with all
                                                                   necessary information and shall inform the Commission
— in all other cases, in accordance with Title V of               weekly, within the Management Committee for Cereals,
     Commission Regulation (EEC) No 2220/85 (').                   of progress of the invitation to tender.
                                                                                           Article 7
2. The primary requirement within the meaning of                  This Regulation shall enter into force on the day of its
Article 20 of Regulation (EEC) No 2220/85 shall be                 publication in the Official Journal of the European
payment of the selling price and export within the time            Communities.
limit laid down for the common wheat flour under the
export licence.                                                    It shall apply with effect from 15 September 1987.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 16 September 1987.
                                                                            For the Commission
                                                                             Frans ANDRIESSEN
                                                                                Vice-President
 (') OJ No L 205, 3. 8 . 1985, p. 5.