CELEX: 31995R0487
Language: en
Date: 1995-03-01 00:00:00
Title: COMMISSION REGULATION (EC) No 487/95 of 1 March 1995 amending Regulations (EC) No 1077/94 and (EC) No 1078/94 relating to the opening of standing invitations to tender for the export of bread-making wheat held by the French and German intervention agencies respectively

4. 3. 95             i EN 1               Official Journal of the European Communities                               No L 49/39
                                          COMMISSION REGULATION (EC) No 487/95
                                                          of 1 March 1995
                    amending Regulations (EC) No 1077/94 and (EC) No 1078/94 relating to the
                    opening of standing invitations to tender for the export of bread-making wheat
                            held by the French and German intervention agencies respectively
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         they are being withdrawn from intervention, given current
                                                                     sampling techniques ; whereas reference should no longer
                                                                     be made to it ;
 Having regard to the Treaty establishing the European
 Community,
                                                                     Whereas the measures provided for in Article 5 of Regu­
                                                                     lations (EC) No 1077/94 and (EC) No 1078/94 satisfy, in
 Having regard to Council Regulation (EEC) No 1766/92                the light of experience, the monitoring objectives but
 of 30 June 1992 on the common organization of the                   involve excessive delays that make the conduct of the
 market in cereals ('), as last amended by the Act of Acces­         export operations difficult ; whereas the frequency of
 sion of Austria, Finland and Sweden, and in particular              sampling should be adjusted and the time limit for the
 Articles 5 and 13 thereof,                                          analyses should be fixed, while continuing to observe the
                                                                     monitoring objectives ;
 Whereas Commission Regulation (EEC) No 2131 /93 (2),
 as last amended by Regulation (EC) No 1 20/94 (3), lays             Whereas the Management Committee for Cereals has not
 down the procedure and conditions for the disposal of               delivered an opinion within the time limit set by its
 cereals held by the intervention agencies ;                         chairman,
 Whereas Commission Regulation (EC) No 1 077/94 (4), as
 last amended by Regulation (EC) No 2981 /94 (*), opened a
 standing invitation to tender for the export of bread­              HAS ADOPTED THIS REGULATION :
 making wheat held by the French intervention agency ;
 Whereas Commission Regulation (EC) No 1078/94 (6), as                                           Article 1
 last amended by Regulation (EC) No 3013/94 Q, opened a
 standing invitation to tender for the export of bread­              Article 5 of Regulation (EC) No 1077/94 is hereby
 making wheat held by the German intervention agency ;               replaced by the following :
                                                                           'Article 5
 Whereas special rules must be laid down to ensure that
 the operations are properly carried out and monitored ;                  1 . The intervention agency, the storer and the
                                                                          successful tenderer, if he so wishes, shall, by common
 Whereas to that end, the Member States must provide for                  agreement, either before or at the moment of removal
 all additional measures compatible with the provisions in                from storage, as the successful tenderer chooses, take
 force to ensure that the operation takes place smoothly                  reference samples at the rate of at least one sample for
 and that the Commission is kept informed ;                               every 500 tonnes, and shall analyse the samples. The
                                                                          intervention agency may be represented by a proxy,
                                                                          provided this is not the storer.
 Whereas the monitoring arrangements should accordingly
 be supplemented by the possibility of taking reference                  The Commission must be informed of the findings of
 samples ;                                                                the analyses within three days.
                                                                          Reference samples shall be taken and analysed within
 Whereas, while the method set out in Commission Regu­                    seven working days of the date of the successful
 lation (EEC) No 689/92 (8), as last amended by Regulation                tenderer's request or within three working days if the
 (EC) No 2204/94 (9), can still be used when the cereals are              samples were taken on removal from storage. If the
 delivered into intervention, its use is inappropriate when               final result of the sample analyses indicates a quality :
 (') OJ No  L  181 , 1 . 7. 1992, p. 21 .                                 (a) greater than that specified in the notice of invita­
 0   OJ No  L  191 , 31 . 7. 1993, p. 76.                                      tion to tender, the successful tenderer must accept
 (3) OJ No  L  21 , 26. 1 . 1994, p. 1 .                                       the lot as established ;
 (4) OJ No  L  120, 11 . 5. 1994, p. 9.
 0   OJ No  L  315, 8 . 12. 1994, p. 4.                                  (b) greater than the minimum characteristics required
 (6) OJ No  L  120, 11 . 5. 1994, p. 12.                                       for intervention but below the quality described in
 O   OJ No  L  320, 13. 12. 1994, p. 10.
 (8) OJ No  L  74, 20. 3. 1992, p. 18.                                         the notice of invitation to 'tender, with the diffe­
~0   OJ No  L  236, 10. 9 . 1994, p. 13.                                       rence remaining within a limit of up to :
 ---pagebreak--- No L 49/40           EN I              Official Journal of the European Communities                                   4. 3 . 95
       — 2 kg/hi for the specific weight, which must                      within a maximum of three days from the date of
            not, however, be less than 72 kg/hi,                          the successful tenderer's request. The successful
                                                                          tenderer shall immediately inform the Commis­
       — one percentage point for the moisture content,                   sion thereof in accordance with Annex IV.
       — 20 percentage points for the Hagberg falling                 2. However, if the bread-making wheat is removed
            index,                                                    before the results of the analysis are known, all risks
                                                                      shall be borne by the successful tenderer from the
      — one percentage point for the protein content,                 time of removal of the lot, without prejudice to the
                                                                      forms of recourse the successful tenderer may have
      — half a percentage point for the impurities                    against the storer.
            referred to in B.2 and B.4 of the Annex to
           Regulation (EEC) No 689/92,                                3. If, after successive replacements, the successful
           and
                                                                     tenderer has not received a replacement lot of the
                                                                     quality laid down within one month of the date of his
                                                                      request for replacement, he shall be released from all
      — half a percentage point for the impurities                   his obligations, including the securities, once he has
           referred to in point B.5 of the Annex to Regu­            informed     the  Commission      and   the  intervention
           lation (EEC) No 689/92, the percentages                   agency forthwith in accordance with Annex IV.'
           admissible for noxious grains and ergot,
           however, remaining unchanged,
      the successful tenderer must accept the lot as esta­
      blished ;                                                                             Article 2
  (c) greater than the minimum characteristics required          Article 5 of Regulation (EC) No 1078/94 is hereby
      for intervention but below the quality described in        replaced by the following :
      the notice of invitation to tender with the diffe­
      rence surpassing the limit referred to in point (b),            'Article 5
      the successful tenderer may :
                                                                      1 . The intervention agency, the storer and the
                                                                     successful tenderer, if he so wishes, shall by common
      — either accept the lot as established,                        agreement, either before or at the moment of removal
                                                                     from storage, as the successful tenderer chooses, take
      — or refuse to take over the lot in question. The              reference samples at the rate of at least one sample for
           successful tenderer shall be released from all            every 500 tonnes, and shall analyse the samples. The
           his obligations relatiang to the lot in question,         intervention agency may be represented by a proxy,
           including the securities, only once he has                provided this is not the storer.
           informed the Commission and the interven­
           tion agency forthwith, in accordance with                 The Commisson must be informed of the findings of
           Annex IV ; however, if he requests the inter­             the analyses within three days.
          vention agency to supply him with another lot
           of intervention bread-making wheat of the                 Reference samples shall be taken and analysed within
           quality laid down, and that without additional            seven working days of the date of the successful
           charges, the security shall not be released. The          tenderer's request or within three working days if the
           lot must be replaced within a maximum of                  samples were taken on removal from storage. If the
           three days from the date of the successful                final result of the sample analyses indicates a quality :
           tenderer's request. The successful tenderer
          shall immediately inform the Commission
          thereof in accordance with Annex IV :                      (a) greater than that specified in the notice of invita­
                                                                          tion to tender, the successful tenderer must accept
                                                                          the lot as established ;
  (d) below the minimum characteristics required for
      intervention, the successful tenderer may not                  (b) greater than the minimum characteristics for
      remove the lot in question. He shall be released                    intervention but below the quality decribed in the
      from all his ogligations relating to the lot in ques­               notice of invitation to tender, with the difference
      tion, including the securities, only once he has                    remaining within a limit of up to :
      informed the Commission and the intervention
      agency forthwith, in accordance with Annex IV ;                     — 2 kg/hi for the specific weight, which must
      however, he may request the intervention agency                         not, however, be less than 72 kg/hi,
      to supply him with another lot of intervention                      — one percentage point for the moisture content,
      bread-making wheat of the quality laid down,
      without additional charges. In this case, the secu­                 — 20 percentage points for the Hagberg falling
      rity shall not be released. The lot must be replaced                    index,
 ---pagebreak--- 4. 3 . 95             EN               Official Journal of the European Communities                               No L 49/41
        — one percentage point for the protein content,                   from all his obligations relating to the lot in ques­
        — half a percentage point for the impurities                      tion, including the securities, only once he has
            referred to in B.2 and B.4 of the Annex to                    informed the Commission and the intervention
            Regulation (EEC) No 689/92,                                   agency forthwith, in accordance with Annex IV ;
            and                                                           however, he may request the intervention agency
                                                                          to supply him with another lot of intervention
        — half a percentage point for the impurities                      bread-making wheat of the quality laid down,
            referred to in point B.5 of the Annex to Regu­                without additional charges. In this case, the secu­
            lation (EEC) No 689/92, the percentage admis­                 rity shall not be released. The lot must be replaced
            sible for noxious grains and ergot, however,                  within a maximum of three days from the date of
            remaining uncharged,                                          the successful tenderer's request. The successful
        the successful tenderer must accept the lot as esta­              tenderer shall immediately inform the Commis­
        blished ;                                                         sion thereof in accordance with Annex IV.
    (c) greater than the minimum characteristics required
        for intervention but below the quality described in          2. However, if the bread-making wheat is removed
        the notice of invitation to tender with the diffe­           before the result of the analysis are known, all risks
        rence surpassing the limit referred to in point (b),         shall be borne by the successful tenderer from the
        the successful tenderer may :                                time of removal of the lot, without prejudice to the
                                                                     forms of recourse the successful tenderer may have
        — either accept the lot as established,                      against the storer.
        — or refuse to take over the lot in question. The
            successful tenderer shall be released from all            3. If, the successive replacements, the successful
            his obligations relating to the lot in question,          tenderer has not received a replacement lot of the
            including the securities, only once he has               quality laid down within one month of the date of his
            informed the Commission and the interven­                 request for replacement, he shall be released from all
            tion agency forthwith, in accordance with                 his obligations, including the securities, once he has
                                                                      informed     the  Commission     and    the  intervention
            Annex IV ; however, if he requests the inter­
            vention agency to supply him with another lot            agency forthwith in accordance with Annex IV.'
            of intervention bread-making wheat of the
            quality laid down, and that without additional
            charges, the security shall not be released. The                                Article 3
            lot must be replaced within a maximum of
            three days from the date of the successful           This Regulation shall enter into force on the third day
            tenderer's request. The successful tenderer          following its publication in the Official Journal of the
            shall immediately inform the Commission              European Communities.
            thereof in accordance with Annex IV ;
    (d) below the minimum characteristics required for           It shall apply to the quantities of bread-making wheat not
        intervention, the successful tenderer may not            removed under the invitations to tender opened by Regu­
        remove the lot in question. He shall be released         lations (EC) No 1077/94 and (EC) No 1078/94.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 1 March 1995.
                                                                            For the Commission
                                                                               Franz FISCHLER
                                                                       Member of the Commission