CELEX: 31994R0743
Language: en
Date: 1994-03-31 00:00:00
Title: Commission Regulation (EC) No 743/94 of 30 March 1994 amending Regulation (EC) No 646/94 opening a standing invitation to tender for the export of durum wheat held by the Greek intervention agency

No L 87/76                              Official Journal of the European Communities                                   31 . 3. 94
                                         COMMISSION REGULATION (EC) No 743/94
                                                         of 30 March 1994
                    amending Regulation (EC) No 646/94 opening a standing invitation to tender for
                            the export of durum wheat held by the Greek intervention agency
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,                             A
                                                                           ' rticle 5a
   Having regard to the Treaty establishing the European                   1 . The successful tenderer shall notify the storer
   Community,                                                             and the Greek intervention agency in writing at least
                                                                          five days in advance of his intention to remove the
                                                                          merchandise .
  Having regard to Council Regulation (EEC) No 1766/92
  of 30 June 1992 on the common organization of the                       2.     Before the lot awarded is removed, the Greek
  market in cereals ('), as amended by Commission Regula­                 intervention agency and the successful tenderer shall
  tion (EEC) No 2193/93 (2), and in particular Article 5                  take a reference sample in accordance with the
  thereof,                                                               method laid down in Commission Regulation (EEC)
                                                                          No 689/92 0­
  Whereas Commission Regulation (EEC) No 2131 /93 (3),                   Where the final results of the analysis of the sample
  as amended by Regulation (EC) No 120/94 (4), lays down                 indicate a significant difference between the quality of
  the procedure and conditions for the disposal of cereals               the durum wheat to be removed and the quality as
  held by intervention agencies ;                                        described in the notice of invitation to tender referred
                                                                         to in Article 1 of this Regulation, the successful
 Whereas Commission Regulation (EC) No 646/94 (^                         tenderer may refuse the merchandise.
  opens a standing invitation to tender for the export to
 Algeria of 100 000 tonnes of durum wheat held by the                    A significant difference shall be a specific weight of
 Greek intervention agency ;                                             less than 76 kg/hi, a level of broken grains of more
                                                                         than 9 % and a discrepancy of one percentage point
                                                                         for the moisture content, ten points for the Hagberg
 Whereas special rules must be laid down to ensure that                  falling index, one percentage point for the protein
 the operations are properly carried out and monitored ;                 content, ten percentage points for the impurities
                                                                         referred to under B.2, B.3 and B.4 and a half a percen­
 Whereas to that end the Member States must provide for                  tage point for the impurities referred to under B.5, the
 all additional measures compatible with the provisions in               percentage admissible for noxious grains, damaged
 force to ensure that the operation takes place smoothly                grains and ergor, however, remaining as laid down in
 and that the Commission is kept informed ;                              the Annex to Regulation (EEC) No 689/92.
                                                                         3.     Where     the  successful  tenderer   refuses   the
 Whereas the monitoring arrangements should accordingly                 merchandise, as provided for in the second subpara­
 be supplemented by the possibility of a sample being                   graph of paragraph 2 above, the Greek intervention
 taken in the presence of both parties ;                                agency shall supply him with another lot of interven­
                                                                        tion durum wheat of the requisite quality, at no extra
 Whereas the measures provided for in this Regulation are               charge, within eight days.
 in accordance with the opinion of the Management
 Committee for Cereals,                                                 4. If removal of the durum wheat is delayed by
                                                                        more than five days with relation to the date of accep­
                                                                        tance of the lot to be removed by the successful
                                                                        tenderer for reasons imputable to the Greek interven­
                                                                        tion agency, Greece shall be responsible for the
 HAS ADOPTED THIS REGULATION :                                          payment of compensation.
                                                                        5.      All risks and storage costs shall be borne by the
                                                                        successful tenderer from the time of removal .
                             Article 1
                                                                        0 OJ No L 74, 20. 3. 1992, p. 18.'
 In Regulation (EC) No 646/94 the following Article shall
be inserted :
                                                                                                Article 2
(>) OJ  No  L 181 , 1 . 7. 1992, p. 21 .
(2) OJ  No  L 196, 5. 8 . 1993, p. 22.                              This Regulation shall enter into force on the day
(3) OJ  No  L 191 , 31 . 7. 1993, p. 76.
(4) OJ  No  L 21 , 26. 1 . 1994, p. 1 .                             following its publication in the Official Journal of the
(Ó OJ No L 80, 24. 3. 1994, p. 14.                                  European Communities.
 ---pagebreak--- 31 . 3 . 94                    Official Journal of the European Communities                        No L 87/77
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 30 March 1994.
                                                                   For the Commission
                                                                     Rene STEICHEN
                                                               Member of the Commission