CELEX: 31995R0545
Language: en
Date: 1995-03-10 00:00:00
Title: COMMISSION REGULATION (EC) No 545/95 of 10 March 1995 amending Regulation (EC) No 2668/94 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

11 . 3 . 95           fENl                Official Journal of the European Communities                             No L 55/27
                                           COMMISSION REGULATION (EC) No 545/95
                                                          of 10 March 1995
                     amending Regulation (EC) No 2668/94 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,                                                   Article 2
 Having regard to the Treaty establishing the European                Article 5 of Regulation (EC) No 2668/94 is replaced by
 Community,                                                           the following :
 Having regard to Council Regulation (EEC) No 1766/92                      A
                                                                           ' rticle 5
 of 30 June 1992 on the common organization of the
 market in cereals ('), as last amended by the Act of Acces­               1 . No export refund shall be granted for exports
 sion of Austria, Finland and Sweden, and in particular                   carried out pursuant to this Regulation .
 Article 5 thereof,
                                                                          2. Customs export formalities for durum wheat
 Whereas Commission Regulation (EEC) No 2131 /93 (2),                     meal equivalent to that which would be obtained from
 as amended by Regulation (EC) No 1 20/94 (3), lays down                  the cereals awarded must be completed within 45 days
 the procedure and conditions for the disposal of cereals                 of the date of the award and not later than 31 January
 held by intervention agencies ;                                           1995.
Whereas Commission Regulation (EC) No 2668/94 of 31                       3. In the case of the quantities awarded between
 October 1994 authorizing the Italian intervention agency                  1 January and 28 February 1995, the customs export
 to put up for sale by tender 148 000 tonnes of durum                     formalities for durum wheat meal equivalent to that
wheat for export in the form of durum wheat meal to                       which would be obtained from the cereals awarded
Algeria (4), as last amended by Regulation (EC) No                        must be completed within 45 days of the date of the
490/95 (^ stipulates 23 February 1995 as the latest date                  award and not later than 31 March 1995 .
 for the submission of tenders ; whereas this deadline
should be extended and a new validity for the licences in                 4.     In the case of the quantities awarded from
respect of the quantities awarded from 1 March 1995 on,                   1 March 1995 on, the customs export formalities for
should be fixed ;                                                         durum wheat meal equivalent to that which would be
                                                                          obtained from the cereals awarded must be completed
Whereas Regulation (EC) No 2668/94 does not set a time                    within 45 days of the date of the award and not later
limit for the removal of durum wheat from intervention                    than 31 May 1995.
stocks ; whereas it is necessary to provide for one ;
whereas the successful tenderer is obliged to complete the                5. Export licences issued under this invitation to
customs export formalities for durum wheat meal equiva­                   tender must bear the following entry in Section 22 :
lent to that which would be obtained from the cereals
                                                                          "Invitation to tender opened by Regulation (EC) No
awarded within 45 days of the date of the award ; whereas,                2668 /94 — Tender dated. .
therefore, the same time limit should be used for removal
of the durum wheat from intervention stocks ;                             6. Notwithstanding Article 9 of Commission Regu­
                                                                          lation (EEC) No 3719/88 (*), the rights deriving from
Whereas the Management Committee for Cereals has not                      the licence referred to in this Article shall not be
delivered an opinion within the time limit set by its                     transferable .
Chairman,
                                                                          0 OJ No L 331 , 2. 12. 1988, p. 1 .
HAS ADOPTED THIS REGULATION :
                                                                                               Article 3
                               Article 1
                                                                      Article 10 of Regulation (EC) No 2668/94 is replaced by
In the second subparagraph of Article 3 (2) of Regulation             the following :
(EC) No 2668/94, '23 February 1995' is replaced by '27
                                                                           Article 10
April 1995'.
                                                                          The successful tenderer shall pay for the durum wheat
(') OJ    No  L 181 , 1 . 7. 1992, p. 21 .                                before removing it and no later than 45 days
(2) OJ    No  L 191 , 31 . 7. 1993, p. 76.
(3) OJ    No  L 21 , 26. 1 . 1994, p. 1 .                                 following the date of the award at the price indicated
(4) OJ    No  L 284, 1 . 11 . 1994, p. 45.                                in the tender. The payment due for each of the lots to
0   OJ    No  L 49, 4. 3 . 1995, p. 48 .                                  be removed shall be indivisible .'
 ---pagebreak--- No L 55/28        F en I             Official Journal of the European Communities                             11 . 3 . 95
                         Article 4                                 submits proof that the primary requirement referred
                                                                   to in paragraph 4 has been met.
The second subparagraph of Article 11 (2) of Regulation
(EC) No 2668/94 is replaced by the following :                     0 OJ No L 301 , 17. 10. 1992, p. 17.'
   ' Notwithstanding Article 15 (2) of Commission Regu­                                Article 5
   lation (EEC) No 3002/92 (*), the amount of ECU 50
   per tonne of durum wheat corresponding to the               This Regulation shall enter into force on third day
   processed meal must be released within 15 working           following its publication in the Official Journal of the
   days of the date on which the successful tenderer           European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 10 March 1995.
                                                                        For the Commission
                                                                          Franz FISCHLER
                                                                    Member of the Commission