CELEX: 31994R1842
Language: en
Date: 1994-07-28 00:00:00
Title: Commission Regulation (EC) No 1842/94 of 27 July 1994 opening a standing invitation to tender for the export of 100 000 tonnes of durum wheat held by the Greek intervention agency

28 . 7. 94                                 Official Journal of the European Communities                               No L 192/ 1
                                                                   I
                                                 (Acts whose publication is obligatory)
                                          COMMISSION REGULATION (EC) No 1842/94
                                                            of 27 July 1994
                    opening a standing invitation to tender for the export of 100 000 tonnes of
                                     durum wheat held by the Greek intervention agency
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                                     Article 2
 Having regard to the Treaty establishing the European                 1.    The invitation to tender shall cover a maximum of
 Community,                                                            1 00 000 tonnes of durum wheat to be exported to all third
                                                                       countries.
 Having regard to Council Regulation (EEC) No 1766/92
 of 30 June 1992 on the common organization of the                     2. The regions in which the 1 00 000 tonnes of durum
 market in cereals ('), as amended by Commission Regula­              wheat are stored are stated in Annex I to this Regulation.
 tion (EEC) No 2193/93 (2), and in particular Article 5
 thereof,
                                                                                                 Article 3
Whereas Commission Regulation (EEC) No 2131 /93 (3),
 as amended by Regulation (EC) No 1 20/94 (4), lays down               The export licences shall be valid from their date of issue,
 the procedure and conditions for the disposal of cereals             within the meaning of Article 9 of Regulation (EEC) No
 held by intervention agencies ;                                       2131 /93, until the end of the third month following.
Whereas 100 000 tonnes of durum wheat, held by the                    Tenders submitted in response to this invitation to tender
 Greek intervention agency, should be put up for sale for              may not be accompanied by applications for export certi­
 export ;                                                              ficates pursuant to Article 44 of Commission Regulation
                                                                       (EEC) No 3719/88 0.
Whereas special rules must be laid down to ensure that
the operations are properly carried out and monitored ;
                                                                                                 Article 4
Whereas to that end the Member States must provide for
 all additional measures compatible with the provisions in             1.    Notwithstanding Article 7 ( 1 ) of Regulation (EEC)
 force to ensure that the operation takes place smoothly               No 2131 /93 the time limit for submission of tenders
 and that the Commission is kept informed ;                            under the first partial invitation to tender shall expire on
                                                                       3 August 1 994 at 12 a. m. (Brussels time).
Whereas the monitoring arrangements should accordingly
be supplemented by the possibility of a sample being                   2.    The time limit for submission of tenders under the
taken in the presence of both parties ;                                subsequent partial invitations to tender shall expire each
Whereas the Management Committee for Cereals has not                  Wednesday at 12 a.m . (Brussels time).
delivered an opinion within the time limit set by its                 3. The last partial invitation to tender shall expire on
chairman,                                                              28 September 1994.
                                                                      4. The tenders shall be lodged with the Greek inter­
HAS ADOPTED THIS REGULATION :                                         vention agency.
                              Article 1                                                          Article 5
The Greek intervention agency may, on the conditions                  The Greek intervention agency shall notify the Commis­
laid down in Regulation (EEC) No 2131 /93, open a                     sion of the tenders received not later than two hours after
standing invitation to tender for the export of 100 000               expiry of the time limit for the submission thereof. Noti­
tonnes of durum wheat held by it.                                      fication shall be made as specified in the table in Annex
                                                                       II to this Regulation, to the telex or telefax numbers in
(') OJ  No  L  181 , 1 . 7. 1992, p. 21 .                             Annex III.
(2) OJ  No  L  196, 5. 8 . 1993, p. 22.
0   OJ  No  L  191 , 31 . 7. 1993, p. 76.
(4) OJ  No  L 21 , 26. 1 . 1994, p. 1 .                               0 OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak--- No L 192/2                            Official Journal of the European Communities                                   28 . 7. 94
                          Article 6                             — the successful tenderer may :
1 . The successful tenderer shall notify the storer and             (a) either accept to take over the lot with its characte­
                                                                         ristics as established ;
the Greek intervention agency in writing at least five
working days in advance of his intention to remove the              (b) or refuse to take over the lot in question. In that
merchandise.
                                                                         case the successful tenderer shall inform, that
                                                                         same day, the intervention agency and the
2.    Before the lot awarded is removed, the Greek inter­                Commission thereof in accordance with Annex IV.
vention agency and the successful tenderer shall take a                  Once these formalities have been fulfilled, he shall
reference sample in accordance with the method laid                      be immediately released from all his obligations
down in Commission Regulation (EEC) No 689/92 (!).                        relating to the lot in question, including the secu­
                                                                          rities.
Where the final results of the analysis of the sample indi­
cate a significant difference between the quality of the            The lot in question shall then be put up for sale again
durum wheat to be removed and the quality as described              under a future invitation to tender at the quality esta­
in the notice of invitation to tender referred to in Article        blished.
1 of this Regulation, the successful tenderer may refuse
the merchandise .                                               4. Where the analysis of the reference sample referred
                                                                to in paragraph 2 indicates that the quality is lower than
A significant difference shall be a specific weight of less     the limits laid down in paragraph 2 :
than 76 kg/hi, a level of broken grains of more than 9 %        — the intervention agency shall inform, that same day,
and a discrepancy of one percentage point for the mois­             the Commission departments thereof in accordance
ture content, 10 points for the Hagberg falling index, one          with Annex III, as well as the storer and the successful
percentage point for the protein content, 10 percentage             tenderer,
points for the grains which have lost their vitreous aspect,
half a percentage point for the impurities referred to          — the successful tenderer shall give official notice, that
under B.2, B.3 and B.4 and half a percentage point for the          same day, to the intervention agency of the impossibi­
impurities referred to under B.5, the percentage admis­              lity of taking over the lot in question and shall inform
sible for noxious grains, damaged grains and ergor,                 the Commission thereof, that same day, in accordance
however, remaining as laid down in the Annex to Regula­             with Annex IV. Once these formalities have been
tion (EEC) No 689/92.                                               fulfilled, he shall be immediately released from all his
                                                                    obligations relating to the lot in question, including
3. Where the analysis of the reference sample referred              the securities.
to in paragraph 2 indicates that the quality is different
from the quality required under the invitation to tender,       5.     All risks and storage costs shall be borne by the
and where that quality is nevertheless within the limits        successful tenderer from the time of removal.
laid down in paragraph 2 :
                                                                                            Article 7
— the intervention agency shall inform, that same day,
    the Commission departments thereof in accordance            This Regulation shall enter into force on the day of its
    with Annex III, as well as the storer and the successful    publication in the Official Journal of the European
    tenderer,                                                    Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 27 July 1994.
                                                                             For the Commission
                                                                               Rene STEICHEN
                                                                       Member of the Commission
0) OJ No L 74, 20. 3. 1992, p. 18.
 ---pagebreak--- 28 . 7. 94                             Official Journal of the European Communities                                         No L 192/3
                                                              ANNEX I
                                                                                                 (tonnes)
                                            Place of storage                         Quantity
                                 Kastorias                                          6 896,336
                                 Kozanis                                            2 917,350
                                 Evrou                                              5 572,219
                                 Kilkis                                             2 079,000
                                 Halkidikis                                         7 742,027
                                 Thessalonikis                                     11 761,600
                                 Imathias                                              546,780
                                 Pierias                                            2 679,047
                                 Xanthis                                                67,090
                                 Trikalon                                           1 585,150
                                 Florinas                                           2 890,000
                                 Kavalas                                            5 798,613
                                 Rodopis                                               583,280
                                 Serron                                             2 501,000
                                 Magnissias                                       1 2 245,000
                                 Attikis                                            1 900,000
                                 Voiotias                                           1 000,000
                                 Fthiotidos                                         3 066,000
                                 Larisas                                          28 000,000
                                                              ANNEX II
            Standing invitation to tender for the export of 100 000 tonnes of durum wheat held by the
                                                     Greek intervention agency
                                                    (Regulation (EC) No 1842/94)
                     1        I       2               3              4                5              6      I        7
                                                                              Price increases
                                                                Offer price       ( + ) or     Commercial
                 Tender         Consignment      Quantity                       reductions
                    No               No           (tonnes)     (ECU/tonne)                         costs        Destination
                                                                    (')             (-)
                                                                               (ECU/tonne)     (ECU/tonne)
                                                                                    p.m.
                     1
                    2
                    3
                   etc .
           (') This price includes the increases or reductions relating to the lot to which the tender refers .
                                                             ANNEX III
           The only numbers to use to call Brussels are (DG VI-C-1 ) :
           — telex :                22037 AGREC B
                                    22070 AGREC B (Greek characters)
           — telefax :              — 295 01 32
                                    — 296 10 97
                                    — 295 25 15.
 ---pagebreak--- No L 192/4                      Official Journal of the European Communities                              28 . 7. 94
                                                      ANNEX IV
           Communication of refusal of lots under the standing invitation to tender for the export of
                  100 000 tonnes of durum wheat held by the Greek intervention agency
                                 Article 6 (3) or (4) of Regulation (EC) No 1842/94
           — 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
                                                       — % mitadine grains
                                                       — Specific weight (kg/hi)
                                                       — Hagberg
                                                       — % proteins (in dry matter)
                                                       — % miscellaneous impurities (Schwarzbesatz)
                                                       — % grains affected with fusariosis and/or mottled
                                                          grains
                                                       — % broken grains
                                                       — % of matter which is not durum wheat of unim­
                                                          paired quality
                                                       — Other