CELEX: 31995R0485
Language: en
Date: 1995-03-01 00:00:00
Title: COMMISSION REGULATION (EC) No 485/95 of 1 March 1995 amending Regulation (EC) No 1080/94 relating to the opening of a standing invitation to tender for the export of rye held by the German intervention agency

4. 3. 95            1 EN I               Official Journal of the European Communities                              No L 49/35
                                         COMMISSION REGULATION (EC) No 485/95
                                                         of 1 March 1995
                   amending Regulation (EC) No 1080/94 relating to the opening of a standing
                   invitation to tender for the export of rye held by the German intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas the measures laid down in Article 5 of Regula­
                                                                    tion (EC) No 1080/94 satisfy, in the light of experience,
                                                                    the monitoring objectives but involve excessive delays
Having regard to the Treaty establishing the European               that make the conduct of the export operations difficult ;
Community,                                                          whereas the frequency of sampling should be adjusted
                                                                    and the time limit for the analyses should be fixed, while
                                                                    continuing to observe the monitoring objectives ;
Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organization of the                   Whereas commercial transactions with a view to expor­
market in cereals ('), as last amended by the Act of Acces­         ting rye have been or are being concluded ; whereas it is
sion of Austria, Finland and Sweden, and in particular              necessary to ensure that such transactions proceed
Articles 5 and 13 thereof,                                          smoothly in order to take advantage of the good trading
                                                                    conditions currently prevailing on the world market ;
Whereas Commission Regulation (EEC) No 2131 /93 (2),
as amended by Regulation (EC) No 1 20/94 (3), lays down             Whereas the Management Committee for Cereals has not
the procedure and conditions for the disposal of cereals            delivered an opinion within the time limit set by its
held by the intervention agencies ;                                 chairman,
Whereas Commission Regulation (EC) No 1080/94 (4), as
last amended by Regulation (EC) No 3154/94 (*), opened a
standing invitation to tender for the export of rye held by         HAS ADOPTED THIS REGULATION :
the German intervention agency ;
Whereas special rules must be laid down to ensure that                                         Article 1
the operations are properly carried out and monitored ;
                                                                    Article 5 of Regulation (EC) No 1080/94 is hereby
Whereas, to that end, the Member States must provide for            replaced by the following :
all additional measures compatible with the provisions in
force to ensure that the operation takes place smoothly                  'Article 5
and that the Commission is kept informed ;
                                                                        1 . The intervention agency, the storer and the
                                                                        successful tenderer, if he so wishes, shall, by common
Whereas the monitoring arrangements should accordingly                  agreement, either before or at the moment of removal
be supplemented by the possibility of taking reference                  from storage, as the successful tenderer chooses, take
samples ;                                                               reference samples at the rate of at least one sample for
                                                                        every 500 tonnes, and shall analyse the samples. The
                                                                        intervention agency may be represented by a proxy,
Whereas, while the method set out in Commission Regu­                   provided this is not the storer.
lation (EEC) No 689/92 (% as last amended by Regulation
(EC) No 2204/94 Q, can still be used when the cereals are               The Commission must be informed of the findings of
delivered into intervention, its use is inappropriate when              the analyses within three days.
they are being withdrawn from intervention, given current
sampling techniques ; whereas reference should no longer                Reference samples shall be taken and analysed within
be made to it ;                                                         seven working days of the date of the successful
                                                                        tenderer's request or within three working days if the
(') OJ No  L  181 , 1 . 7. 1992, p. 21 .                                samples were taken on removal from storage. If the
0   OJ  No L  191 , 31 . 7. 1993, p. 76.                                final result of the sample analyses indicates a quality :
O   OJ  No L  21 , 26. 1 . 1994, p. 1 .
(4) OJ  No L  120, 11 . 5. 1994, p. 18.
(Ó OJ No L 332, 22. 12. 1994, p. 38.                                    (a) greater than that specified in the notice of invita­
(6) OJ No L 74, 20. 3. 1992, p. 18 .                                         tion to tender, the successful tenderer must accept
0 OJ No L 236, 10. 9. 1994, p. 13.                                           the lot as established ;
 ---pagebreak--- No L 49/36          ΓΕΝΙ              Official Journal of the European Communities                                    4. 3 . 95
  (b) greater than the minimum characteristics required                      inform the Commission thereof in accordance
       for intervention but below the quality described in                   with Annex IV ;
       the notice of invitation to tender, with the dif­
                                                                     (d) below the minimum characteristics required for
       ference remaining within a limit of up to :                       intervention, the successful tenderer may not
       — 1 kg/hi for the specific weight, which must                     remove the lot in question. He shall be released
            not, however, be less than 68 kg/hi,                         from all his obligations relating to the lot in ques­
      — one percentage point for the moisture content,                   tion, inlcuding the securities, only once he has
                                                                         informed the Commission and the intervention
      — half a percentage point for the impurities
            referred to in B.2 and B.4 of the Annex to                   agency forthwith, in accordance with Annex IV ;
            Regulation (EEC) No 689/92,                                  however, he may request the intervention agency
           and
                                                                         to supply him with another lot of intervention rye
                                                                         of the quality laid down, without additional
      — half a percentage point for the impurities                       charges. In this case, the security shall not be
           referred to in point B.5 of the Annex to Regu­                released. The lot must be replaced within a
           lation (EEC) No 689/92, the percentages                       maximum of three days from the date of the
           admissible for noxious grains and ergot,                      successful tenderer's request. The successful
           however, remaining unchanged,                                 tenderer shall immediately inform the Commis­
                                                                         sion thereof in accordance with Annex IV.
      the successful tenderer must accept the lot as
      established ;                                                  2. However, if the rye is removed before the results
  (c) greater than the minimum characteristics required              of the analysis are known, all risks shall be borne by
      for intervention but below the quality described in            the successful tenderer from the time of removal of
      the notice of invitation to tender with the dif­               the lot, without prejudice to the forms of recourse the
      ference surpassing the limit referred to in point              successful tenderer may have against die storer.
      (b), the successful tenderer may :                            3. If, after successive replacements, the successful
      — either accept the lot as established,                       tenderer has not received a replacement lot of the
      — or refuse to take over the lot in question. The             quality laid down within one month of the date of his
           successful tenderer shall be released from all           request for replacement, he shall be released from all
           his obligations relating to the lot in question,         his obligations, including the securities once he has
                                                                    informed     the  Commission      and   the  intervention
           including the securities, only once he has
           informed the Commission and the interven­                agency forthwith in accordance with Annex IV.'
           tion agency forthwith, in accordance with
          Annex IV ; however, if he requests the inter­                                   Article 2
          vention agency to supply him with another lot         This Regulation shall enter into force on the third day
          of intervention rye of the quality laid down,         following its publication in the Official Journal of the
          and that without additional charges, the secu­        European Communities.
          rity shall not be released. The lot must be
          replaced within a maximum of three days from          It shall apply to the quantities of rye not removed under
          the date of the successful tenderer's request.        the invitation to tender opened by Regulation (EC) No
          The successful tenderer shall immediately             1080/94.
                 This Regulation shall be binding in its           and directly applicable in all Member
                 States.
                 Done at Brussels, 1 March 1995.
                                                                          For the Commission
                                                                             Franz FISCHLER
                                                              /
                                                                      Member of the Commission