CELEX: 31994R2229
Language: en
Date: 1994-09-15 00:00:00
Title: Commission Regulation (EC) No 2229/94 of 14 September 1994 amending Regulation (EC) No 1077/94 increasing to 1 400 000 tonnes the quantity of bread-making wheat held by the French intervention agency for which a standing invitation to tender for export has been opened

No L 240/ 10                              Official Journal of the European Communities                                  15 . 9 . 94
                                         COMMISSION REGULATION (EC) No 2229/94
                                                       of 14 September 1994
                   amending Regulation (EC) No 1077/94 increasing to 1 400 000 tonnes the
                   quantity of bread-making wheat held by the French intervention agency for
                           which a standing invitation to tender for export has been opened
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Whereas the measures provided for in this Regulation are
                                                                     in accordance with the opinion of the Management
                                                                     Committee for Cereals,
 Having regard to the Treaty establishing the European
 Community,
                                                                     HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organization of the
 market in cereals ('), as last amended by Commission                                           Article 1
Regulation (EC) No 1866/94 (2), and in particular Article 5
thereof,                                                             Article 1 of Regulation (EC) No 1 077/94 is replaced by
                                                                     the following :
Whereas Commission Regulation (EEC) No 2131 /93 (3),                      'Article 1
as amended by Regulation (EC) No 120/94 (4), lays down
the procedure and conditions for the disposal of cereals                 The French intervention agency may, on the condi­
held by the intervention agencies ;                                      tions laid down in Regulation (EEC) No 2131 /93,
                                                                         open a standing invitation to tender for the export of
                                                                         bread-making wheat held by it.'
Whereas Commission Regulation (EC) No 1 077/94 0, as
last amended by Regulation (EC) No 1689/94 (*), opened a
standing invitation to tender for the export of 1 000 000                                       Article 2
tonnes of bread-making wheat held by the French inter­
vention agency ; whereas, in the communication of 8                  Article 2 of Regulation (EC) No 1077/94 is replaced by
September 1994, France informed the Commission of the                the following :
intention of its intervention agency to increase by                        'Article 2
400 000 tonnes the quantity for which a standing invita­
tion to tender for export has been opened ; whereas the                   1.     The invitation to tender shall cover a maximum
total quantity of bread-making wheat held by the French                  of 1 400 000 tonnes of bread-making wheat to be
intervention agency for which a standing invitation to                   exported to all third countries.
tender for export has been opened should be increased to
 1 400 000 tonnes ;                                                      2. The regions in which the 1 400 000 tonnes of
                                                                         bread-making wheat are stored are stated in Annex I
                                                                         to this Regulation.'
Whereas this increase in the quantity put out to tender
makes it necessary to alter the list of regions and quanti­
ties in store ; whereas Annex I to Regulation (EC) No                                           Article 3
 1077/94 must therefore he amended ;
                                                                     The following Article 5 is inserted :
Whereas special rules must be laid down to ensure that                   'Article 5
the operations are properly carried out and monitored ;
                                                                        1.      Before the lot awarded is removed, the interven­
                                                                        tion agency and the successful tenderer shall take a
Whereas to that end the Member States must provide for                  reference sample in accordance with the method laid
all additional measures compatible with the provisions in               down in Commission Regulation (EEC) No 689/92 (*)
force to ensure that the operation takes place smoothly                 and shall analyse that sample.
and that the Commission is kept informed ;
                                                                        (a) Where the final results of the analysis of the
                                                                              sample indicate a difference between the quality of
Whereas the monitoring arrangements should accordingly                        the bread-making wheat to be removed and the
be supplemented by the possibility of a sample being                          quality as described in the notice of invitation to
taken in the presence of both parties ;                                       tender, which nevertheless remains within a limit
                                                                              of up to :
o   OJ No  L  181 , 1 . 7. 1992, p. 21 .
O   OJ No  L  197, 30. 7. 1994, p. 1 .                                        — 2 kg/hi for the specific weight, which must not
(3) OJ No  L  191 , 31 . 7. 1993, p. 76.                                           however be less than 72 kg/hi,
(4) OJ No  L  21 , 26. 1 . 1994, p. 1 .                                       — one percentage point for the moisture content,
0   OJ No  L  120, 11 . 5. 1994, p. 9.
(4 OJ No L 179, 13. 7. 1994, p. 2.                                            — 10 points for the Hagberg falling index,
 ---pagebreak--- 15. 9. 94                                Official Journal of the European Communities                                    No L 240/ 11
       — one percentage point for the protein content,                                     The lot in question shall then be put up for
                                                                                           sale again under a future invitation to
       — half a percentage point for the impurities                                        tender at the quality established.
            referred to in points B.2 and B.4 of the Annex
            to Regulation (EEC) No 689/92,
                                                                             (b) Where the final results of the analysis of the
       — half a percentage point for the impurities                               sample indicate that the quality is below the limits
            referred to in point B.5 of the Annex to Regu­                        laid down in (a) :
            lation (EEC) No 689/92, the percentages
            admissible for noxious grains and ergot                               — the intervention agency shall, that same day,
                                                                                      inform the Commission thereof in accordance
            however remaining unchanged,
                                                                                      with Annex III, as well as the storer and the
                                                                                      successful tenderer,
       the following provisions shall apply :
                                                                                  — the successful tenderer shall give official notice,
        (i) the intervention agency shall, that same day,                             that same day, to the intervention agency of the
             inform the Commission thereof in accordance                              impossibility of taking over the lot in question
             with Annex III, as well as the storer and the                            and shall inform the Commission thereof, that
             successful tenderer ;                                                    same day, in accordance with Annex IV. Once
                                                                                      these formalities have been completed, he shall
                                                                                      be immediately released from all his obliga­
       (ii) the successful tenderer may :                                             tions relating to the lot in question, including
                                                                                      the securities.
            — either agree to take over the lot with its
                characteristics as established,                              2.     All risks and storage costs shall be borne by the
                                                                             successful tenderer from the time of removal.
            — or refuse to take over the lot in question. In
                that case the successful tenderer shall, that
                same day, inform the intervention agency                     0 OJ No L 74, 20. 3. 1992, p. 18.'
                and the Commission thereof in accordance
                with Annex IV.
                Once      these    formalities     have      been                                       Article 4
                completed, he shall be immediately
                released from all his obligations relating to            Annex I to Regulation (EC) No 1077/94 is replaced by
                the lot in question, including the securities.           the Annex hereto.
                                                                 Article 5
                  The following Annex IV is hereby added to Regulation (EC) No 1077/94 :
                      'ANNEX IV
                      Communication of refusal of lots under the standing invitation to tender for the export
                      of 1 400 000 tonnes of bread-making wheat held by the French intervention agency
                                               Article 5 (1 ) of Regulation (EC) No 1077/94
                      — 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
                                                                   — Specific weight (kg/hi)
                                                                   — % sprouted grains
                                                                   — % miscellaneous impurities (Schwarzbesatz)
                                                                   — % of matter which is not barley of unimpaired
                                                                       quality
                                                                   — Other'
 ---pagebreak--- No L 240/ 12                      Official Journal of the European Communities                            15. 9. 94
                                                          Article 6
             This Regulation shall enter into force on the day of its publication in the Official Journal
             of the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 14 September 1994.
                                                                        For the Commission
                                                                          Rene STEICHEN
                                                                    Member of the Commission
                                                          ANNEX
                                                         ANNEX I
                                                                                    (tonnes)
                                           Place of storage                Quantity
                            Amiens                                         300 000
                            Bordeaux                                          3 000
                            Chalons-sur-Marne                               75 000
                            Lille                                          320 000
                            Nancy                                           20 000
                            Nantes                                          57 000
                            Paris                                           1 5 000
                            Poitiers                                        34 000
                            Rennes                                          58 000
                            Rouen                                          395 000
                            Gand                                           103 000'