CELEX: 31995R0488
Language: en
Date: 1995-03-01
Title: COMMISSION REGULATION (EC) No 488/95 of 1 March 1995 amending Regulations (EC) No 953/94, (EC) No 2162/94 and (EC) No 2477/94 relating to the opening of standing invitations to tender for the export of barley held by the German, United Kingdom and French intervention agencies respectively

No L 49/42          I en                Official Journal of the European Communities                                    4. 3 . 95
                                         COMMISSION REGULATION (EC) No 488/95
                                                         of 1 March 1995
                   amending Regulations (EC) No 953/94, (EC) No 2162/94 and (EC) No 2477/94
                   relating to the opening of standing invitations to tender for the export of barley
                   held by the German, United Kingdom and French intervention agencies
                                                            respectively
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas the measures laid down in Article 5 of Regula­
                                                                     tion (EC) No 953/94 and Article 6 of Regulations (EC)
 Having regard to the Treaty establishing the European               No 2162/94 and (EC) No 2477/94 were needed to ensure
 Community,                                                          deliveries of barley to Saudi Arabia in very short time
                                                                     before 31 December 1994 ; whereas these deliveries have
                                                                     now been completed ; whereas, however, other deliveries
 Having regard to Council Regulation (EEC) No 1766/92                to other destinations are still underway ; whereas it is
 of 30 June 1992 on the common organization of the                   therefore necessary to harmonize the methods for the
 market in cereals ('), as last amended by the Act of Acces­         analysis of reference samples under the different ten­
 sion of Austria, Finland and Sweden, and in particular              dering procedures ;
 Articles 5 and 13 thereof,
                                                                     Whereas the Management Committee for Cereals has not
 Whereas Commission Regulation (EEC) No 2131 /93 (2),                delivered an opinion within the time limit set by its
 as amended by Regulation (EC) No 1 20/94 (3), lays down             chairman,
 the procedure and conditions for the disposal of cereals
 held by the intervention agencies ;
 Whereas Commission Regulation (EC) No 953/94 (4), as                HAS ADOPTED THIS REGULATION :
 last amended by Regulation (EC) No 96/95 (*), opened a
 standing invitation to tender for the export of barley held
 by the German intervention agency ;                                                            Article 1
 Whereas Commission Regulation (EC) No 2162/94 (6), as               Article 5 of Regulation (EC) No 953/94 is hereby replaced
 last amended by Regulation (EC) No 3153/94 Q, opened a              by the following :
 standing invitation to tender for the export of barley held
 by the United Kingdom intervention agency ;                              A
                                                                          ' rticle 5
Whereas Commission (EC) No 2477/94 (8), as last                           1 . The intervention agency, the storer and the
 amended by Regulation (EC) No 2981 /94 (9), opened a                    successful tenderer, if he so wishes, shall, by common
standing invitation to tender for the export of barley held              agreement, either before or at the moment of removal
by the French intervention agency ;                                      from storage, as the successful tenderer chooses, take
                                                                         reference samples at the rate of at least one sample for
Whereas special rules must be laid down to ensure that                   every 500 tonnes, and shall analyse the samples. The
the operations are properly carried out and monitored ;                  intervention agency may be represented by a proxy,
                                                                         provided this is not the storer.
Whereas, to that end, the Member States must provide for                 The Commission must be informed of the findings of
all additional measures compatible with the provisions in                the analyses within three days.
force to ensure that the operation takes place smoothly
and that the Commission is kept informed ;
                                                                         Reference samples shall be taken and analysed within
                                                                         seven working days of the date of the successful
Whereas the monitoring arrangements should accordingly                   tenderer's request or within three working days if the
be supplemented by the possibility of taking reference                   samples were taken on removal from storage. If the
samples ;                                                                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
(2) OJ  No L  191 , 31 . 7. 1993, p. 76.                                      tion to tender, the successful tenderer must accept
(s) OJ  No L 21 , 26. 1 . 1994, p. 1 .                                        the lot as established ;
(4) OJ  No L  108, 29. 4. 1994, p. 4.
0   OJ  No L  16, 24. 1 . 1995, p. 1 .                                   (b) greater than the minimum characteristics required
(6) OJ  No L 230, 3. 9. 1994, p. 3.                                           for intervention but below the quality described in
0   OJ  No L 332, 22. 12. 1994, p. 36.
(8) OJ  No L 264, 14. 10. 1994, p. 11 .                                       the notice of invitation to tender, with the
0   OJ  No L 315, 8. 12. 1994, p. 4.                                          difference remaining within a limit of up to :
 ---pagebreak--- 4. 3 . 95             EN                Official Journal of the European Communities                               No L 49/43
        — 2 kg/hi for the specific weight, which must                      tenderer shall immediately inform the Commis­
             not, however, be less than 60 kg/hi,                          sion thereof in accordance with Annex IV.
        — one percentage point for the moisture content,              2.      However, if the barley is removed before the
                                                                      results of the analysis are known, all risks shall be
        — half a percentage point for the impurities                  borne by the successful tenderer from the time of
             referred to in B.2 and B.4 of the Annex to
                                                                      removal of the lot, without prejudice to the forms of
             Regulation (EEC) No 689/92,                              recourse the successful tenderer may have against the
                                                                      storer.
             and
        — half a percentage point for the impurities                  3. If, after successive replacements, the successful
             referred to in point B.5 of the Annex to Regu­           tenderer has not received a replacement lot of the
             lation (EEC) No 689/92, the percentages                  quality laid down within one month of the date of his
             admissible for noxious grains, however, re­              request for replacement, he shall be released from all
             maining unchanged,                                       his obligations, including the securities, once he has
                                                                      informed      the   Commission    and   the   intervention
                                                                      agency forthwith in accordance with Annex IV.'
        the successful tenderer must accept the lot as
        established :
                                                                                              Article 2
    (c) greater than the minimum characteristics required
        for intervention but below the quality described in       Article 6 of Regulation (EC) No 2162/94 is hereby
        the notice of invitation to tender with the differ­       replaced by the following :
        ence surpassing the limit referred to in point (b),
         the successful tenderer may :                                 'Article 6
                                                                       1 . The intervention agency, the storer and the
        — either accept the lot as established,                       successful tenderer, if he so wishes, shall, by common
                                                                      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 relating 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 Commission 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 barley of the quality laid down,
             and that without additional charges, the secu­            Reference samples shall be taken and analysed within
             rity shall not be released. The lot must be               seven working days of the date of the successful
             replaced within a maximum of three days from              tenderer's request or within three working days if the
             the date of the successful tenderer's request.            samples were taken on removal from storage. If the
             The successful tenderer shall immediately                 final result of the sample analyses indicates a quality :
             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 required
         remove the lot in question. He shall be released                   for intervention but below the quality described in
                                                                            the notice of invitation to tender, with the
         from all his obligations relating to the lot in ques­
         tion, including the securities, only once he has                   difference 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 60 kg/hi,
         to supply him with another lot of intervention                     — one percentage point for the moisture content,
         barley of the quality laid down, without additional
         charges. In this case, the security shall not be                   — half a percentage point for the impurities
                                                                                referred to in B.2 and B.4 of the Annex to
         released. The lot must be replaced within a
                                                                                Regulation (EEC) No 689/92,
         maximum of three days from the date of the
         successful tenderer's request. The successful                          and
 ---pagebreak--- No L 49/44           I EN I             Official Journal of the European Communities                                    4. 3 . 95
         — half a percentage point for the impurities                  quality laid down within one month of the date of his
              referred to in point B.5 of the Annex to Regu­           request for replacement, he shall be released from all
              lation (EEC) No 689/92, the percentages                  his obligations, including the securities, once he has
              admissible for noxious grains, however, re­              informed      the   Commission    and   the  intervention
              maining unchanged,                                       agency forthwith in accordance with Annex IV.'
         the successful tenderer must accept the lot as
         established ;                                                                         Article 3
    (c) greater than the minimum characteristics required         Article 6 of Regulation (EC) No 2477/94 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 6
         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 relating 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 Commission 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 barley of the quality laid down,
             and that without additional charges, the secu­           Reference samples shall be taken and analysed within
             rity shall not be released. The lot must be              seven working days of the date of the successful
             replaced within a maximum of three days from             tenderer's request or within three working days if the
             the date of the successful tenderer's request.           samples were taken on removal from storage. If the
             The successful tenderer shall immediately                final result of the sample analyses indicates a quality :
             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 required
        remove the lot in question. He shall be released                    for intervention but below the quality described in
        from all his obligations relating to the lot in ques­               the notice of invitation to tender, with the
        tion, including the securities, only once he has                   difference 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 60 kg/hi,
        to supply him with another lot of intervention                     — one percentage point for the moisture content,
        barley of the quality laid down, without additional
        charges. In this case, the security shall not be                   — half a percentage point for the impurities
                                                                                referred to in B.2 and B.4 of the Annex to
        released. The lot must be replaced within a
        maximum of three days from the date of the                              Regulation (EEC) No 689/92,
        successful    tenderer's request. The successful                        and
        tenderer shall immediately inform the Commis­
        sion thereof in accordance with Annex IV.                          — half a percentage point for the impurities
                                                                                referred to in point B.5 of the Annex to Regu­
                                                                                lation (EEC) No 689/92, the percentages
                                                                                admissible for noxious grains, however, re­
  2. However, if the barley is removed before the                               maining unchanged,
  results of the analysis are known, all risks shall be
  borne by the successful tenderer from the time of                        the successful tenderer must accept the lot as
  removal of the lot, without prejudice to the forms of                    established ;
  recourse the successful tenderer may have against the
  storer.
                                                                     (c) greater than the minimum characteristics required
                                                                           for intervention but below the quality described in
                                                                           the notice of invitation to tender with the differ­
  3 . If, after successive replacements, the successful                    ence surpassing the limit referred to in point (b),
  tenderer has not received a replacement lot of the                       the successful tenderer may :
 ---pagebreak--- 4. 3. 95            I EN I             Official Journal of the European Communities                             No L 49/45
        — either accept the lot as established,                          maximum of three days from the date of the
        — or refuse to take over the lot in question. The                successful tenderer's request. The successful
            successful tenderer shall be released from all               tenderer shall immediately inform the Commis­
                                                                         sion thereof in accordance with Annex IV.
            his obligations relating to the lot in question,
            including the securities, only once he has
            informed the Commission and the interven­                2. However, if the barley is removed before the
            tion agency forthwith, in accordance with                results of the analysis are known, all risks shall be
            Annex IV ; however, if he requests the inter­            borne by the successful tenderer from the time of
            vention agency to supply him with another lot            removal of the lot, without prejudice to the forms of
                                                                     recourse the successful tenderer may have against the
            of intervention barley of the quality laid down,         storer.
            and that without additional charges, the secu­
            rity shall not be released. The lot must be
            replaced within a maximum of three days from
                                                                     3. If, after successive replacements, the successful
                                                                     tenderer has not received a replacement lot of the
            the date of the successful tenderers request.
            The successful tenderer shall immediately                quality laid down within one month of the date of his
            inform the Commission thereof in accordance              request for replacement, he shall be released from all
            with Annex IV ;                                          his obligations, including the securities, once he has
                                                                     informed    the  Commission    and   the   intervention
    (d) below the minimum characteristics required for               agency forthwith in accordance with Annex IV.'
        intervention, the successful tenderer may not
        remove the lot in question. He shall be released
        from all his obligations relating to the lot in ques­                             Article 4
        tion, including the securities, only once he has
        informed the Commission and the intervention             This Regulation shall enter into force on the third day
        agency forthwith, in accordance with Annex IV ;          following its publication in the Official Journal of the
        however, he may request the intervention agency          European Communities.
        to supply him with another lot of intervention
        barley of the quality laid down, without additional      It shall apply to the quantities of barley not recorded
        charges. In this case, the security shall not be         under the invitations to tender opened by Regulations
        released. The lot must be replaced within a              (EC) No 953/94, (EC) No 2162/94 and (EC) No 2477/94.
                  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