31994R2668

1 . 11 . 94 No L 284/45 Official Journal of the European Communities

COMMISSION REGULATION (EC) No 2668/94 of 31 October 1994 authorizing the Italian intervention agency to put up for sale by tender 148 000 tonnes of durum wheat for export in the form of durum wheat meal to Algeria

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, to ensure that the operation is carried out smoothly and to avoid any disturbance of the market, it should be stipulated that securities may be released only Having regard to the Treaty establishing the European after presentation of proof of arrival ; Community, Whereas, where removal of the durum wheat is delayed by more than five days or the release of one of the Having regard to Council Regulation (EEC) No 1766/92 required securities is delayed for reasons imputable to the of 30 June 1992 on the common organization of the intervention agency, Italy should pay compensation ; market in cereals ('), as last amended by Commission Regulation (EC) No 1866/94 (2), and in particular Article 5 Whereas the Member States are to take all additional thereof, measures compatible with the provisions in force to ensure that the scheme operates smoothly and that the Commission is kept informed ; Whereas Commission Regulation (EEC) No 21 31 /93 (3), as amended by Regulation (EC) No 1 20/94 (4), lays down Whereas the measures provided for in this Regulation are the procedure and conditions for the disposal of cereals in accordance with the opinion of the Management held by intervention agencies ; Committee for Cereal,

Whereas prices for durum wheat on the Community's internal market and on the world market are very high ; whereas the Community's durum wheat meal industry HAS ADOPTED THIS REGULATION : must continue to be able to export in order to keep up normal trade flows to Algeria ; whereas, therefore, provi­ sion should be made for intervention stocks to be used to Article 1 supply the Community export meal industry during the period 1 November 1994 to 31 January 1995 at competi­ tive prices ; 1 . The Italian intervention agency is hereby authorized to issue an invitation to tender for the sale on the Community market of 148 000 tonnes of durum wheat in Whereas the above situation requires the measure to be accordance with Article 4 of Regulation (EEC) No implemented as a matter of urgency ; 2131 /93 .

2. A maximum of 100 000 tonnes of durum wheat Whereas a conversion rate should be set to determine the meal for human consumption must be exported to quantity of durum wheat meal to be exported on the basis Algeria, equal to the quantity of durum wheat awarded of the durum wheat used ; divided by the coefficient referred to in Article 6. The competent Italian authorities shall ensure that the quan­ tity of 100 000 tonnes of meal is not exceeded. Whereas the specific nature of the operation requires greater flexibility in the mechanisms and obligations 3 . The regions in which the 148 000 tonnes of durum governing the resale of intervention stocks and the exclu­ wheat are stored are listed in Annex I. sion of any refund or monthly increase ; whereas special procedures must be laid down to ensure that the opera­ 4. The Italian intervention agency shall prepare a tions are properly carried out and monitored ; whereas to notice of invitation to tender indicating for each lot or, that end provision should be made for a system of securi­ ties to ensure that the aims of the measure are achieved where appropriate, each part lot : without placing excessive burdens on operators ; whereas — the location, derogations should accordingly be made from certain rules, in particular those laid down in Regulation (EEC) — and, at least the following : No 2131 /93 : — the maximum percentage of wholly or partially mitadine grains, (') OJ No L 181 , 1 . 7. 1992, p. 21 . (2) OJ No L 197, 30 . 7 . 1994, p. 1 . — the specific weight, (3) OJ No L 191 , 31 . 7. 1993 , p. 76. (4) OJ No L 21 , 26. 1 . 1994, p. 1 . — the moisture content,

No L 284/46 Official Journal of the European Communities 1 . 11 . 94

— 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 31 January 1995. 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 2668 /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 November 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 21 December 1994.

Article 7 3 . Tenders must be submitted to the Italian interven­ tion agency. 1 . The Italian intervention agency shall inform the Commission of the tenders received within two hours of Article 4 the expiry of the time limit for the submission of tenders. 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 Italian authorities either in writing against an acknowledgment of receipt or by telex, telegram or fax. Where no tenders are received, the Italian agency shall 2. The tender shall indicate : inform the Commission within the time limit laid down in subparagraph 1 . — the reference of the invitation to tender, — the name, full address and telex or fax number of the 2. It shall inform the Commission on a monthly basis 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 of durum Article 8 wheat in ecus . 1 . On the basis of the tenders submitted and notified, 3. Tenders shall be valid only if they are accompanied the Commission shall decide, in accordance with the by : 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 — either to fix a minimum selling price, 1103 11 10 200, — or not to proceed with the invitation to tender. — proof that the tenderer has lodged a security of ECU 5 per tonne. 2. Where a minimum selling price is fixed, the contract shall be awarded to the tenderer or tenderers 4. Tenders not submitted in accordance with para­ submitting offers at or above that minimum price. graphs 1 , 2 and 3 or which contain conditions other than those laid down in the invitation to tender shall be invalid. 0 OJ No L 331 , 2. 12. 1988, p. 1 .

1 . 11 . 94 No L 284/47 Official Journal of the European Communities

3 . The competent Italian authority shall inform all The lot in question shall then be put up for sale tenderers in writing of the result of their tender as soon as again under a future invitation to tender at the the Commission has adopted the decision referred to in quality established. paragraph 1 . (b) Where the final results of the analysis of the sample indicate that the quality is below the limits laid down Article 9 in (a): — the intervention agency shall, that same day, 1 . The successful tenderer shall notify the storer and inform the Commission thereof in accordance the Italian intervention agency in writing at least five days with Annex III, as well as the storer and the in advance of his intention to remove the merchandise . successful tenderer, 2. Before the lot awarded is removed, the intervention — the successful tenderer shall give official notice, agency and the successful tenderer shall take a reference that same day, to the intervention agency of the sample in accordance with the method laid down in impossibility of taking over the lot in question and Commission Regulation (EEC) No 689/92 (') and shall shall inform the Commission thereof, that same analyse that sample. day, in accordance with Annex IV. Once these formalities have been completed, he shall be (a) Where the final results of the analysis of the sample immediately released from all his obligations rela­ indicate a again difference between the quality of the ting to the lot in question. durum wheat to be removed and the quality as 3 . Where the successful tenderer refuses the merchan­ described in the notice of invitation to tender, which nevertheless remains within a limit of up to : dise, as provided for in paragraph 2 above, the Italian intervention agency shall supply him with another lot of — 2 kh/hl for the specific weight, which must not intervention durum wheat of the requisite quality, at no however be less than 76 kg/hi, extra charge, within eight days.

— one percentage point for the moisture content, 4. If removal of the durum wheat is delayed by more than five days with relation to the date of acceptance of — 10 points for the Hagberg falling index, the lot to be removed by the successful tenderer for — 10 percentage points for the grains which have reasons imputable to the intervention agency, the lost their vitreous aspect, Member State shall be responsible for the payment of compensation. — two percentage points for the content of broken grains, without, however, exceeding 9 % , 5. All risks shall be borne by the successful tenderer from the time of removal . — one percentage point for the protein content,

— half a percentage point for the impurities referred Article 10 to in points B.2, B.3 and B.4 of the Annex to Regulation (EEC) No 689/92, The successful tenderer shall A»y for the durum wheat before removing it at the price indicated in the tender. — half a percentage point for the impurities referred The payment due for each of the lots to be removed shall to in point B.5 of the Annex to Regulation (EEC) be indivisible . No 689/92, the percentages admissible for noxious grains and ergot however remaining unchanged, Article 11 the following provisions shall apply : 1 . The security lodged pursuant to Article 13 (4) of (i) the intervention agency shall, that same day, Regulation (EEC) No 2131 /93 must be released for the inform the Commission thereof in accordance with corresponding quantities of durum wheat for which the Annex III, as well as the storer and the successful tender has not been accepted. tenderer ; 2. The obligation to export from the Community and (ii) the successful tenderer may : import into Algeria shall be covered by a security amoun­ ting to ECU 50 per tonne of durum wheat of which ECU — either agree to take over the lot with its charac­ 25 per tonne shall be lodged upon issue of the licence for teristics as established, the export of meal for the corresponding quantity of — or refuse to take over the lot in question. In durum wheat and the balance of ECU 25 per tonne that case the successful tenderer shall, that before removal of the cereals . same day, inform the intervention agency and the Commission thereof in accordance with Notwithstanding Article 15 (2) of Commission Regulation Annex IV. (EEC) No 3002/92 (2), the amount of ECU 50 per tonne of durum wheat corresponding to the processed meal must Once these formalities have been completed, he be released within 15 working days of the date on which shall be immediately released from all his obliga­ the successful tenderer submits proof that the meal has tions relating to the lot in question arrived in Algeria.

(') OJ No L 74, 20. 3. 1992, p. 18 . (2) OJ No L 301 , 17. 10. 1992, p. 17.

No L 284/48 Official Journal of the European Communities 1 . 11 . 94

3 . Except in duly substantiated exceptional cases, in — Semoule de blé dur d intervention ne donnant pas particular the opening of an administrative enquiry, any droit à restitution, destinée à l'Algérie — Règlement release of the securities provided for in this Article after (CE) n0 2668/94, the time limits specified herein shall confer an entitle­ — Semolini di frumento duro non dante diritto a restitu­ ment to compensation from Italy amounting to ECU zione, destinato all'Algeria — Regolamento (CE) 0.015 per 10 tonnes of meal for each day's delay. Such n . 2668 /94, compensation shall not be charged to the European Agri­ cultural Guidance and Guarantee Fund (EAGGF). — Griesmeel zonder recht op restitutie, bestemd voor Algerije — Verordening (EG) nr. 2668/94, 4. The primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No — Sêmolas de trigo duro que não da direito a uma resti­ tuição, destinado à Argélia — Regulamento (CE) 2220/85 (') shall be payment of the purchase price for the n ? 2668 /94. durum wheat and export of the durum wheat meal within the time limit laid down under cover of the export licence referred to in Article 4 (3). 2. The use of one of the customs warehousing or free zone schemes is prohibited. Article 12

1 . Notwithstanding Article 12 of Regulation (EEC) No Article 13 3002/92, the export licence for the durum wheat meal must bear the words : — Sémola de trigo duro de intervención sin derecho a The Italian intervention agency shall take all necessary restitución, destinada a Argelia — Reglamento (CE) steps to ensure compliance with the provisions of this n° 2668 /94, Regulation. It shall inform the Commission weekly, within the Management Committee for Cereals, of the — Groft mel fra intervention uden restitutionsydelse progress of the invitation to tender. bestemt for Algeriet — Forordning (EF) nr. 2668/94, — Feinhartweizengrieß ohne Ausfuhrerstattung, Bestim­ mung Algerien — Verordnung (EG) Nr. 2668/94, Article 14 — Σιμιγδάλι σκληρού σίτου που δεν παρέχει δικαίω­ μα επιστροφής προοριζόμενο για την Αλγερία — Κανονισμός (ΕΚ) αριθ. 2668/94, This Regulation shall enter into force on the day of its — Semolina of durum wheat not eligible for refund, publication in the Official Journal of the European bound for Algeria — Regulation (EC) No 2668/94, Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 31 October 1994.

For the Commission Rene STEICHEN Member of the Commission

0) OJ No L 205, 3 . 8 . 1985, p. 5.

1 . 11 . 94 Official Journal of the European Communities No L 284/49

ANNEX I

Regions of storage

(tonnes) Region of storage Quantities

Verona 7 421 Vicenza 1 699 Rovigo 4 000 Ravenna 1 619 Ancona 19 Macerata 9 090 La Spezia 6 232 Livorno 1 043 Grosseto 1 490 Viterbo 4 985 Napoli 2 997 Potenza 1 744 Foggia 30 538 Crotone 69 088 Catania 4 165 Caltanissetta 1 870

ANNEX II

Standing invitation to tender for 148 000 tonnes of durum wheat held by the Italian intervention agency for export in the form of durum wheat meal to Algeria

1 I ~2 I ^ I * I ~5 I ~6 I '7

Increases ( + ) Registration Offer price and Quantity Place of Port of number of Lot No (ECU/tonne) reductions ( — ) in tonnes processing export the tender C) (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 2515 296 10 97 296 20 05

No L 284/50 1 . 11 . 94 Official Journal of the European Communities

ANNEX IV

Communication of refusal of lots under the standing invitation to tender for the export of 148 000 tonnes of durum wheat in the form of durum heat meal held by the Italian inter­ vention agency

Article 9 (2) of Regulation (EC) No 2668/94

— Name of successful tenderer :

— Date of award of contract : — Date of refusal of lot by successful tenderer :

Lot Quantity Address Reason for refusal to take over No in tonnes of silo

— % mitadine grains

— Specific weight (kg/hi) — Hagberg — % proteins (in dry matter) — % miscellaneous impurities (Schwarzbesatz) — % grains affected with fusariosis and/or mottled grains — % broken grains

— % of matter which is not durum wheat of unim­ paired quality — Other