CELEX: 31995R2643
Language: en
Date: 1995-11-14 00:00:00
Title: COMMISSION REGULATION (EC) No 2643/95 of 14 November 1995 amending Regulation (EC) No 1072/95 opening a standing invitation to tender for the export of 1 000 000 tonnes of barely held by the German intervention agency

15. II . 95         PEN-!                 Official Journal of the European Communities                               No L 272/ 1
                                                                   I
                                                (Acts whose publication is obligatory)
                                         COMMISSION REGULATION (EC) No 2643/95
                                                       of 14 November 1995
                   amending Regulation (EC) No 1072/95 opening a standing invitation to tender
                   for the export of 1 000 000 tonnes of barely held by the German intervention
                                                                agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           Whereas the Management Committee for Cereals has not
                                                                      delivered an opinion within the time limit set by its
                                                                      chairman ,
 Having regard to the Treaty establishing the European
Community,
                                                                      HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No 1766/92                                            Article 1
of 30 June 1992 on the common organization of the
market in cereals ('), as last amended by Regulation (EC)             Regulation (EC) No 1072/95 is hereby amended as
No 1863/95 (2), and in particular Article 5 thereof,                  follows :
                                                                      1 . Article 1 is replaced by the following :
                                                                           'Article 1
Whereas Commission Regulation (EEC) No 2131 /93 (3),
as amended by Regulation (EC) No 120/94 (4), lays down                    Subject to the provisions of this Regulation the
the procedures and conditions for the disposal of cereals                 German intervention agency may, on the conditions
held by the intervention agencies ;                                       laid down in Regulation (EEC) No 2131 /93, open a
                                                                          standing invitation to tender for the export of
                                                                          1 000 000 tonnes of barely held by it.' ;
Whereas in the current        context of high prices on the
world market for cereals,     and for barely in particular, the       2. the following Article 2a is added after Article 2 :
provisions governing the      resale of intervention stocks of            'Article 2a
barely for export must be     adjusted ; whereas it is therefore
appropriate to amend the invitation to tender opened by                   1 . Notwithstanding the third paragraph of Article
Commission Regulation (EC) No 1072/95 (*) ; whereas                       16 of Regulation (EEC) No 2131 /93, the price to be
special procedures must be laid down to ensure that the                   paid for the export shall be that quoted in the tender.
operations and their monitoring are properly effected ;                   2. No export refund or monthly increase shall be
whereas, to that end, provision should be made for a secu­                granted on exports carried out pursuant to this Regula­
rity lodgement scheme which ensures that aims are met                     tion .
while avoiding excessive costs for the operators ; whereas
derogations should accordingly be made to certain rules,                  3. Article 8 (2) of Regulation (EEC) No 2131 /93
in particular those laid down in Regulation (EEC) No                      shall not apply.'
2131 /93 ;                                                            3 . the following Article 7a is added after Article 7 :
                                                                          A
                                                                          ' rticle 7a
Whereas, where removal of the barely is delayed by more                   1 . The security lodgement pursuant to Article 13 (4)
than five days or the release of one of the securities                    of Regulation (EEC) No 2131 /93 must be released
required is delayed for reasons imputable to the interven­                once the export licences have been issued to the
tion agency the Member State concerned must pay                           successful tenderers.
compensation ;
                                                                          2.     The obligation to export to the third countries
                                                                          shall be covered by a security amounting to ECU 50
(') OJ No   L 181 , 1 . 7. 1992, p. 21 .                                  per tonne of which ECU 30 per tonne shall be lodged
0   OJ No   L 179, 29. 7. 1995, p. 1 .                                    when the export licence is issued, with the balance of
(3) OJ  No  L 191 , 31 . 7. 1993, p. 76.
(<) OJ No   L 21 , 26. 1 . 1994, p. 1 .                                   ECU 20 per tonne being lodged before removal of the
V) OJ Not 108, 13. 5. 1995, p. 43.                                        cereals .
 ---pagebreak--- No L 272/2          EN             Official Journal of the European Communities                                  15. 11 . 95
  Article 15 (2) of Commission Regulation (EEC) No                any release of the securities provided for in this Article
  3002/92 0 notwithstanding :                                     after the time limits specified in this same Article shall
  — the amount of ECU 30 per tonne must be released               confer an entitlement to compensation from the
      within 20 working days of the date on which the             Member State amounting to ECU 0,015 per 10 tonnes
      successful tenderer supplies proof that the barely          for each day's delay.
      removed has left the customs territory of the              This compensation shall not be charged to the Euro­
      Community,                                                  pean Agricultural Guidance and Guarantee Fund
  — the amount of ECU 20 per tonne must be released              (EAGGF).
      within 15 working days of the date on which the
      successful tenderer supplies proof of entry for              0 OJ No L 301 , 17. 10 . 1992, p. 17.
      consumption into a third country. This proof shall         D OJ No L 351 , 14. 12. 1987, p. 1 .'
      be supplied in accordance with Articles 18 and 47
      of Commission Regulation (EEC) No 3665/87 (**).                                    Article 2
  3. Except in duly substantiated exceptional cases, in        This Regulation shall enter into force on 15 November
  particular the opening of an administrative enquiry,         1995.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 14 November 1995.
                                                                         For the Commission
                                                                           Franz FISCHLER
                                                                    Member of the Commission