CELEX: 31994R3013
Language: en
Date: 1994-12-13 00:00:00
Title: Commission Regulation (EC) No 3013/94 of 12 December 1994 amending Regulation (EC) No 1078/94 increasing to 1 500 000 tonnes the quantity of bread-making wheat held by the German intervention agency for which a standing invitation to tender for export has been opened

No L 320/ 10                              Official Journal of the European Communities                                13 . 12. 94
                                         COMMISSION REGULATION (EC) No 3013/94
                                                       of 12 December 1994
                   amending Regulation (EC) No 1078/94 increasing to 1 500 000 tonnes the
                   quantity of bread-making wheat 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,
                                                                     HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No 1766/92
 of 30 June 1992 on the common organization of the
 market in cereals ('), as last amended by Commission                                           Article 1
 Regulation (EC) No 1 866/94 (2), and in particular Article 5
 thereof,                                                            Article 1 of Regulation (EC) No 1078/94 is replaced by
                                                                     the following :
Whereas Commission Regulation (EEC) No 2131 /93 (3),                      'Article 1
 as amended by Regulation (EC) No 1 20/94 (4), lays down
 the procedure and conditions for the disposal of cereals                The German intervention agency may, on the condi­
 held by the intervention agencies ;                                     tions laid down in Regulation (EEC) No 2131 /93,
                                                                         open a standing invitation to tender for the export of
                                                                         bread-making wheat held by it.'
Whereas Commission Regulation (EC) No 1078/94 0, as
 last amended by Regulation (EC) No 2981 /94 (*), opened a
standing invitation to tender for the export of 1 200 000                                       Article 2
tonnes of bread-making wheat held by the German inter­
vention agency ; whereas, in the communication of 1                  Article 2 of Regulation (EC) No 1078/94 is replaced by
 December 1994, Germany informed the Commission of                   the following :
the intention of its intervention agency to increase by                   Article 2
300 000 tonnes the quantity for which a standing invita­
tion to tender for export has been opened ; whereas the                   1.    The invitation to tender shall cover a maximum
total quantity of bread-making wheat held by the German                  of 1 500 000 tonnes of bread-making wheat to be
intervention agency for which a standing invitation to                   exported to all third countries.
tender for export has been opened should be increased to
 1 500 000 tonnes ;                                                      2. The regions in which the 1 500 000 tonnes of
                                                                         bread-making wheat are stored are stated in Annex I
                                                                         to this Regulation.'
Whereas this increase in the quantity put out to tender
makes it necessary to alter the list of regions and quant­
ities in store ; whereas Annex I to Regulation (EC) No                                          Article 3
 1078/94 must therefore be amended ;
                                                                     The following Article 5 is inserted :
Whereas special rules must be laid down to ensure that                   !Article 5
the operations are properly carried out and monitored ;                 1.      Before the lot awarded is removed, the interven­
                                                                        tion agency and the successful tenderer shall take a
Whereas to that end the Member States must provide for                  reference sample in accordance with the method laid
all additional measures compatible with the provisions in               down in Commission Regulation (EEC) No 689/92 Q
force to ensure that the operation takes place smoothly                 and shall analyse that sample.
and that the Commission is kept informed ;
                                                                        (a) Where the final results of the analysis of the
                                                                             sample indicate a difference between the quality of
Whereas the monitoring arrangements should accordingly                       the bread-making wheat to be removed and the
be supplemented by the possibility of a sample being                         quality as described in the notice of invitation to
taken in the presence of both parties ;                                      tender, which nevertheless remains within a limit
                                                                             of up to :
(') OJ  No L  181 , 1 . 7. 1992, p. 21 .
(2) OJ  No L  197, 30. 7. 1994, p. 1 .                                       — 2 kg/hi for the specific weight, which must not
O   OJ  No L  191 , 31 . 7. 1993, p. 76.                                          however be less than 72 kg/hi,
(4) OJ  No L  21 , 26. 1 . 1994, p. 1 .                                      — one percentage point for the moisture content,
0   OJ  No L  120, 11 . 5. 1994, p. 12.
(j OJ No L 315, 8. 12. 1994, p. 4.                                           — 10 points for the Hagberg falling index,
 ---pagebreak--- 13. 12. 94                             Official Journal of the European Communities                                    No L 320/ 11
      — one percentage point for the protein content,                                   The lot in question shall then be put up for
                                                                                        sale again under a future invitation to
      — half a percentage point for the impurities                                      tender at the quality established.
           referred to in points B.2 and B.4 of the Annex
           to Regulation (EEC) No 689/92,
                                                                           (b) Where the final results of the analysis of the
      — half a percentage point for the impurities                              sample indicate that the quality is below the limits
           referred to in point B.5 of the Annex to Regu­                       laid down in (a) :
           lation (EEC) No 689/92, the percentages
           admissible for noxious grains and ergot                              — the intervention agency shall, that same day,
                                                                                    inform the Commission thereof in accordance
           however remaining unchanged,
                                                                                    with Annex III, as well as the storer and the
                                                                                    successful tenderer,
      the following provisions shall apply :
                                                                                — the successful tenderer shall give official notice,
       (i) the intervention agency shall, that same day,                            that same day, to the intervention agency of the
            inform the Commission thereof in accordance                             impossibility of taking over the lot in question
            with Annex III, as well as the storer and the                           and shall inform the Commission thereof, that
            successful tenderer ;                                                   same day, in accordance with Annex IV. Once
                                                                                    these formalities have been completed, he shall
                                                                                    be immediately released from all his obliga­
      (ii) the successful tenderer may :                                            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 1078/94 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 1078/94 :
                     ANNEX IV
                     Communication of refusal of lots uhder the standing invitation to tender for the export
                       of 1 500 000 tonnes of bread-making wheat held by the German intervention agency
                                              Article 5 (1 ) of Regulation (EC) No 1078/94
                     — 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--- No L 320/ 12                      Official Journal of the European Communities                            13 . 12. 94
                                                          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, 12 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                            733 522
                             Hessen/Rheinland-Pfalz/
                             Baden-Württemberg/Saarland/Bayern              219 638
                             Berlin/Brandenburg/
                             Mecklenburg-Vorpommern                         1 84 234
                             Sachsen/Sachsen-Anhalt/Thüringen               362 446'