CELEX: 31994R2734
Language: en
Date: 1994-11-10 00:00:00
Title: Commission Regulation (EC) No 2734/94 of 9 November 1994 amending Regulations (EC) No 953/94, (EC) No 2162/94 and (EC) No 2477/94 opening standing invitations to tender for the export of barley held by the intervention agencies concerned

No L 289/6                               Official Journal of the European Communities                                10 . 11 . 94
                                         COMMISSION REGULATION (EC) No 2734/94
                                                        of 9 November 1994
                   amending Regulations (EC) No 953/94, (EC) No 2162/94 and (EC) No 2477/94
                   opening standing invitations to tender for the export of barley held by the
                                                 intervention agencies concerned
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas, in view of current sampling techniques, the
                                                                      method in Commission Regulation (EEC) No 689/92 (10),
                                                                      as last amended by Regulation (EC) No 2204/94 ("), while
  Having regard to the Treaty establishing the European              still usable at the point when the cereals are delivered to
  Community,                                                         intervention, is not appropriate at the point when they are
                                                                      removed ; whereas reference should therefore no longer
                                                                     be made to it ;
  Having regard to Council Regulation (EEC) No 1766/92
 of 30 June 1992 on the common organization of the                   Whereas the measures provided for in this Regulation are
 market in cereals ('), as last amended by Commission                in accordance with the opinion of the Management
 Regulation (EC) No 1866/94 (2), and in particular Article 5         Committee for Cereals,
 thereof,
 Whereas Commission Regulation (EEC) No 2131 /93 (3),
 as amended by Regulation (EC) No 120/94 (4), lays down
 the procedure and conditions for the disposal of cereals            HAS ADOPTED THIS REGULATION :
 held by intervention agencies ;
 Whereas special rules must be laid down to ensure that                                        Article 1
 the operations are properly carried out and monitored ;
                                                                     The first subparagraph of Article 5 (1 ) of Regulation (EC)
                                                                     No 953/94 and of Article 6 (1 ) of Regulations (EC) No
 Whereas to that end the Member States must provide for              2162/94 and (EC) No 2477/94 is hereby replaced by the
 all additional measures compatible with the provisions in           following :
 force to ensure that the operation takes place smoothly
 and that the Commission is kept informed ;                               '1 .  Before the lot awarded is removed, the interven­
                                                                          tion agency and the successful tenderer shall take
                                                                          samples in each other's presence and analyse them. At
Whereas the monitoring arrangements should accordingly                    the request of the successful tenderer submitted to the
 be supplemented by the possibility of a sample being                     intervention agency, the sampling and analysis shall
 taken in the presence of both parties ;                                  be performed within three working days.'
Whereas important export transactions have been
 concluded ; whereas the barley must be delivered within a                                     Article 2
very short period ; whereas analyses must therefore be
performed with the least possible delay while still obser­
ving the technical constraints ; whereas Article 5 of                Article 1 of this Regulation shall also apply to lots
 Commission Regulation (EC) No 953/94 {% as last                     awarded previously under the invitations to tender opened
amended by Regulation (EC) No 2583/94 (6), and Article 6             by Regulations (EC) No 953/94, (EC) No 2162/94 and
of Commission Regulations (EC) No 2162/94 Q, as last                 (EC) No 2477/94.
amended by Regulation (EC) No 2287/94 (8), and (EC) No
2477/94 (9) should therefore be supplemented accord­
ingly ;
                                                                                               Article 3
(') OJ  No  L 181 , 1 . 7. 1992, p. 21 .
(2) OJ  No  L 197, 30. 7. 1994, p. 1 .
(3) OJ  No  L 191 , 31 . 7. 1993, p. 76.                             This Regulation shall enter into force on the day of its
0   OJ  No  L 21 , 26. 1 . 1994, p. 1 .                              publication in the Official Journal of the European
0   OJ  No  L 108, 29. 4. 1994, p. 4.                                Communities.
(<) OJ  No  L 273, 25. 10. 1994, p. 16.
0   OJ  No  L 230, 3. 9. 1994, p. 3 .
(8) OJ  No  L 248, 23. 9. 1994, p. 11 .                             H OJ No L 74, 20. 3. 1992, p. 18.
(9) OJ  No  L 264, 14. 10. 1994, p. 11 .                            (»') OJ No L 236, 10. 9. 1994, p. 13.
 ---pagebreak--- 10 . 11 . 94                    Official Journal of the European Communities                        No L 289/7
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 9 November 1994.
                                                                    For the Commission
                                                                      Rene STEICHEN
                                                                Member of the Commission