CELEX: 31994R3030
Language: en
Date: 1994-12-14 00:00:00
Title: Commission Regulation (EC) No 3030/94 of 13 December 1994 amending Regulation (EC) No 1080/94 increasing to 8 000 000 tonnes the quantity of rye held by the German intervention agency for which a standing invitation to tender for export has been opened

14. 12. 94                                Official Journal of the European Communities                             No L 321 / 19
                                         COMMISSION REGULATION (EC) No 3030/94
                                                       of 13 December 1994
                   amending Regulation (EC) No 1080/94 increasing to 8 000 000 tonnes the
                   quantity of rye held by the German 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,
 Having regard to Council Regulation (EEC) No 1766/92                HAS ADOPTED THIS REGULATION :
of 30 June 1992 on the common organization of the
 market in cereals ('), as last amended by Commission
Regulation (EC) No 1866/94 (2), and in particular Article 5                                     Article 1
thereof,
                                                                     Article 1 of Regulation (EC) No 1080/94 is replaced by
                                                                     the following :
Whereas Commission Regulation (EEC) No 2131 /93 (3),
as amended by Regulation (EC) No 1 20/94 (4), lays down                   A
                                                                          ' rticle 1
the procedure and conditions for the disposal of cereals
held by the intervention agencies ;                                      The German intervention agency may, on the condi­
                                                                         tions laid down in Regulation (EEC) No 2131 /93,
                                                                         open a standing invitation to tender for the export of
Whereas Commission Regulation (EC) No 1080/94 (*), as                    rye held by it.'
last amended by Regulation (EC) No 2981 /94 (6), opened a
standing invitation to tender for the export of 500 000
tonnes of rye held by the German intervention agency ;                                          Article 2
whereas, in the communication of 8 December 1994,
Germany informed the Commission of the intention of                  Article 2 of Regulation (EC) No 1080/94 is replaced by
its intervention agency to increase by 300 000 tonnes the            the following :
quantity for which a standing invitation to tender for
export has been opened ; whereas the total quantity of rye                Article 2
held by the German intervention agency for which a                       1.     The invitation to tender shall cover a maximum
standing invitation to tender for export has been opened
should be increased to 800 000 tonnes ;                                  of 800 000 tonnes of rye to be exported to all third
                                                                         countries.
Whereas this increase in the quantity put out to tender                  2.     The regions in which the 800 000 tonnes of rye
makes it necessary to alter the list of regions and quant­               are stored are stated in Annex I to this Regulation.'
ities in store ; whereas Annex I to Regulation (EC) No
 1080/94 must therefore be amended ;
                                                                                                Article 3
Whereas special rules must be laid down to ensure that               The following Article 5 is inserted :
the operations are properly carried out and monitored ;
                                                                         Article 5
Whereas to that end the Member States must provide for                  1.      Before the lot awarded is removed, the interven­
all additional measures compatible with the provisions in               tion agency and the successful tenderer shall take a
force to ensure that the operation takes place smoothly                 reference sample in accordance with the method laid
and that the Commission is kept informed ;                              down in Commission Regulation (EEC) No 689/92 (*)
                                                                        and shall analyse that sample.
Whereas the monitoring arrangements should accordingly                  (a) Where the final results of the analysis of the
be supplemented by the possibility of a sample being                         sample indicate a difference between the quality of
taken in the presence of both parties ;                                      the rye to be removed and the quality as described
                                                                             in the notice of invitation to tender, which never­
(') OJ  No L  181 , 1 . 7. 1992, p. 21 .                                     theless remains within a limit of up to :
O   OJ  No L  197, 30. 7. 1994, p. 1 .
(3) OJ  No L  191 , 31 . 7. 1993, p. 76.                                     — 2 kg/hi for the specific weight, which must not
(4) OJ  No L  21 , 26. 1 . 1994, p. 1 .                                           however be less than 68 kg/hi,
0   OJ  No L  120, 11 . 5. 1994, p. 18.
(6) OJ  No L  315, 8 . 12. 1994, p. 4.                                       — one percentage point for the moisture content,
 ---pagebreak--- No L 321 /20                           Official Journal of the European Communities                                         14. 12. 94
     — half a percentage point for the impurities                                         The lot in question shall then be put up for
          referred to in points B.2 and B.4 of the Annex                                  sale again under a future invitation to
          to Regulation (EEC) No 689/92,                                                  tender at the quality established.
     — half a percentage point for the impurities                           (b) Where the final results of the analysis of the
          referred to in point B.5 of the Annex to Regu­                         sample indicate that the quality is below the limits
          lation (EEC) No 689/92, the percentages                                laid down in (a) :
          admissible for noxious grains and ergot
          however remaining unchanged,                                           — the intervention agency shall, that same day,
                                                                                     inform the Commission thereof in accordance
                                                                                     with Annex III, as well as the storer and the
     the following provisions shall apply :                                          successful tenderer,
      (i) the intervention agency shall, that same day,                          — the successful tenderer shall give official notice,
           inform the Commission thereof in accordance                               that same day, to the intervention agency of the
           with Annex III, as well as the storer and the                             impossibility of taking over the lot in question
           successful tenderer ;                                                     and shall inform the Commission thereof, that
                                                                                     same day, in accordance with Annex IV. Once
                                                                                     these formalities have been completed, he shall
     (ii) the successful tenderer may :                                              be immediately released from all his obliga­
                                                                                     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 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 1080/94 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 1080/94 :
                    !ANNEX IV
                    Communication of refusal of lots under the standing invitation to tender for the export
                              of 800 000 tonnes of rye held by the German intervention agency
                                             Article 5 ( 1 ) of Regulation (EC) No 1080/94
                   — 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 basic cereal of unim­
                                                                      paired quality
                                                                  — Other'
 ---pagebreak--- 14 . 12. 94                      Official Journal of the European Communities                            No L 321 /21
                                                        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, 13 December 1994.
                                                                       For the Commission
                                                                         Rene STEICHEN
                                                                   Member of the Commission
                                                         ANNEX
                                                        ANNEX I
                                                                                    (tonnes)
                                          Place of storage                 Quantity
                            Schleswig-Holstein/Hamburg/
                            Niedersachsen/Bremen/
                            Nordrhein-Westfalen                            596 743
                            Hessen/Rheinland-Pfalz/
                            Baden-Wurttemberg/Saarland/Bayern               35 612
                            Berlin/Brandenburg/
                            Mecklenburg-Vorpommern                         149 022
                            Sachsen/Sachsen-Anhalt/Thuringen                1 8 598'