CELEX: 31995R0489
Language: en
Date: 1995-03-01 00:00:00
Title: COMMISSION REGULATION (EC) No 489/95 of 1 March 1995 amending Regulation (EC) No 2668/94 relating to the opening of a standing invitation to tender for the export to Algeria of durum wheat held by the Italian intervention agency in the form of durum wheat meal

No L 49/46            EN               Official Journal of the European Communities                                   4. 3 . 95
                                         COMMISSION REGULATION (EC) No 489/95
                                                         of 1 March 1995
                    amending Regulation (EC) No 2668/94 relating to the opening of a standing
                    invitation to tender for the export to Algeria of durum wheat held by the Italian
                                   intervention agency in the form of durum wheat meal
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       the monitoring objectives but involve excessive delays
                                                                    that make the conduct of the export operations difficult ;
  Having regard to the Treaty establishing the European             whereas the frequency of sampling should be adjusted
  Community,                                                        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              Whereas the Management Committee for Cereals has not
  of 30 June 1992 on the common organization of the                 delivered an opinion within the time limit set by its
  market in cereals ('), as last amended by the Act of Acces­       chairman,
  sion of Austria, Finland and Sweden, and in particular
  Article 5 thereof,
  Whereas Commission Regulation (EEC) No 2131 /93 (2),              HAS ADOPTED THIS REGULATION :
  as amended by Regulation (EC) No 120/94 (3), lays down
  the procedure and conditions for the disposal of cereals
  held by the intervention agencies ;                                                         Article 1
 Whereas Commission Regulation (EC) No 2668/94 (4), as              Article 9 of Regulation (EC) No 2668/94 is hereby
 amended by Regulation (EC) No 3222/94 (*), opened a                replaced by the following :
 standing invitation to tender for the export to Algeria of
 durum wheat held by the Italian intervention agency in                 'Article 9
 the form of durum wheat meal ;
                                                                        1 . The intervention agency, the storer and the
 Whereas special rules must be laid down to ensure that                successful tenderer, if he so wishes, shall, by common
 the operations are properly carried out and monitored ;               agreement, either before or at the moment of removal
                                                                       from storage, as the successful tenderer chooses, take
                                                                       reference samples at the rate of at least one sample for
 Whereas, to that end, the Member States must provide for              every 500 tonnes, and shall analyse the samples. The
 all additional measures compatible with the provisions in             intervention agency may be represented by a proxy,
 force to ensure that the operation takes place smoothly               provided this is not the storer.
 and that the Commission is kept informed ;
                                                                       The Commission must be informed of the findings of
 Whereas the monitoring arrangements should accordingly                the analyses within three days.
 be supplemented by the possibility of taking reference
 samples ;                                                             Reference samples shall be taken and analysed within
                                                                       seven working days of the date of the successful
Whereas, while the method set out in Commission Regu­                  tenderer's request or within three working days if the
 lation (EEC) No 689/92 (6), as last amended by Regulation             samples were taken on removal from storage. If the
(EC) No 2204/94 Q, can still be used when the cereals are              final result of the sample analyses indicates a quality :
 delivered into intervention, its use is inappropriate when            (a) greater than that specified in the notice of the invi­
 they are being withdrawn from intervention, given current                  tation to tender, the successful tenderer must
sampling techniques ; whereas reference should no longer                    accept the lot as established ;
be made to it ;
                                                                       (b) greater than the minimum characteristics required
Whereas the measures laid down in Article 9 of Regula­                      for intervention but below the quality described in
                                                                            the notice of invitation to tender, with the diffe­
tion (EC) No 2668/94 satisfy, in the light of experience,
                                                                            rence remaining within a limit of up to :
(') OJ  No  L 181 , 1 . 7. 1992, p. 21 .                                   — 2 kg/hi for the specific weight, which must not,
(2) OJ  No  L 191 , 31 . 7. 1993, p. 76.                                        however, be less than 76 kg/hi,
(3) OJ  No  L 21 , 26. 1 . 1994, p. 1 .
(4) OJ  No  L 284, 1 . 11 . 1994, p. 45.                                   — one percentage point for the moisture content,
0   OJ  No  L 337, 24. 12. 1994, p. 65.
(6) OJ  No  L 74, 20. 3. 1992, p. 18 .                                     — 20 percentage points for the Hagberg falling
0   OJ  No  L 236, 10. 9 . 1994, p. 13 .                                        index,
 ---pagebreak--- 4. 3 . 95             EN               Official Journal of the European Communities                              No L 49/47
        — 10 percentage points for mitadine" grains,                 (d) below the minimum characteristics required for
        — two percentage points for broken grains, the                   intervention, the successful tenderer may not
            rate for which may not exceed 9 % ,                          remove the lot in question. He shall be released
                                                                         from all his obligations relating to the lot in ques­
        — one percentage point for the protein content,                  tion, including the securities, only once he has
        — half a percentage point for the impurities                     informed the Commission and the intervention
            referred to in B.2, B.3 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
                                                                         durum wheat of the quality laid down, without
        — half a percentage point for the impurities                     additional charges. In this case, the security shall
            referred to in point B.5 of the Annex to Regu­               not be 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.
            however, remaining unchanged,
                                                                         The successful tenderer shall immediately inform
        the successful tenderer must accept the lot as esta­             the Commission thereof in accordance with Annex
        blished ;                                                        IV.
   (c) greater than the minimum characteristics required             2.    However, if the durum wheat is removed before
        for intervention but below the quality described in          the results of the analysis are known, all risks shall be
        the notice of invitation to tender with the diffe­           borne by the successful tenderer from the time of
        rence surpassing the limit referred to in point (b),         removal of the lot, without prejudice to the forms of
        the successful tenderer may :                                recourse the successful tenderer may have against the
                                                                     storer.
        — either accept the lot as established,
        — or refuse to take over the lot in question. The            3. If, after successive replacements, the successful
            successful tenderer shall be released from all           tenderer has not received a replacement lot of the
            his obligations relating to the lot in question,         quality laid down within one month of the date of his
            including the securities, only once he has               request for replacement, he shall be released from all
            informed the Commission and the intervention             his obligations, including the securities, once he has
                                                                     informed    the   Commission     and   the   intervention
            agency forthwith, in accordance with Annex
            IV ; however, if he requests the intervention            agency forthwith in accordance with Annex IV.'
            agency to supply him with another lot of inter­
            vention durum wheat of the quality laid down,                                  Article 2
            and that without additional charges, the secu­       This Regulation shall enter into force on the third day
            rity shall not be released. The lot must be          following its publication in the Official Journal of the
            replaced within a maximum of three days from         European Communities.
            the date of the successful tenderer's request.
            The successful tenderer shall immediately            It shall apply to the quantities of durum wheat not
            inform the Commission thereof in accordance          removed under the invitation to tender opened by Regu­
            with Annex IV ;                                      lation (EC) No 2668/94.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 1 March 1995.
                                                                            For the Commission
                                                                              Franz FISCHLER
                                                                       Member of the Commission