CELEX: 31994R2477
Language: en
Date: 1994-10-13 00:00:00
Title: COMMISSION REGULATION (EC) No 2477/94 of 13 October 1994 opening a standing invitation to tender for the export of 300 000 tonnes of barley held by the French intervention agency

14. 10 . 94                              Official Journal of the European Communities                            No L 264/ 11
                                        COMMISSION REGULATION (EC) No 2477/94
                                                       of 13 October 1994
                   opening a standing invitation to tender for the export of 300 000 tonnes of barley
                                           held by the French intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                                   Article 2
Having regard to the Treaty establishing the European               The regions in which the 300 000 tonnes of barley are
Community,                                                          stored are stated in Annex I to this Regulation.
Having regard to Council Regulation (EEC) No 1766/92                                          Article 3
of 30 June 1992 on the common organization of the
market in cereals ('), as last amended by Commission
Regulation (EC) No 1866/94 (2), and in particular Article 5         The export licences shall be valid from their date of issue,
thereof,                                                            within the meaning of Article 9 of Regulation (EEC)
                                                                    No 2131 /93, until the end of the third month following.
Whereas Commission Regulation (EEC) No 2131 /93 (3),                Tenders submitted in response to this invitation to tender
as amended by Regulation (EC) No 120/94 (4), lays down              may not be accompanied by applications for export certi­
the procedure and conditions for the disposal of cereals            ficates pursuant to Article 44 of Commission Regulation
held by intervention agencies ;                                     (EEC) No 3719/88 (*).
Whereas 300 000 tonnes of barley, held by the French
intervention agency, should be put up for sale for export ;                                   Article 4
Whereas special rules must be laid down to ensure that              1.    Notwithstanding Article 7 (1 ) of Regulation (EEC)
                                                                    No 2131 /93 the time limit for submission of tenders
the operations are properly carried out and monitored ;
                                                                    under the first partial invitation to tender shall expire on
                                                                    20 October 1994 at 9 a.m. (Brussels time).
Whereas to that end the Member States must provide for
all additional measures compatible with the provisions in           2.    The time limit for submission of tenders under the
force to ensure that the operation takes place smoothly             subsequent partial invitations to tender shall expire each
and that the Commission is kept informed ;                          Thursday at 9 a.m. (Brussels time).
Whereas the monitoring arrangements should accordingly              3.    The last partial invitation to tender shall expire on
be supplemented by the possibility of a sample being                22 December 1994 at 9 a.m. (Brussels time).
taken in the presence of both parties ;
                                                                    4.    The tenders shall be lodged with the French inter­
Whereas the measures provided for in this Regulation are            vention agency.
in accordance with the opinion of the Management
Committee for Cereals,
                                                                                              Article 5
                                                                    The French intervention agency shall notify the Commis­
                                                                    sion of the tenders received not later than two hours after
HAS ADOPTED THIS REGULATION :                                       expiry of the time limit for the submission thereof. Noti­
                                                                    fication shall be given as specified in the table in Annex
                                                                    II to this Regulation, to the telex or telefax numbers in
                                                                    Annex III.
                             Article 1
                                                                                              Article 6
The French intervention agency may, on the conditions
laid down in Regulation (EEC) No 2131 /93, open a                   1.    Before the lot awarded is removed, the intervention
standing invitation to tender for the export of 300 000
tonnes of barley held by it, to be exported to all third            agency and the successful tenderer shall take a reference
countries.                                                          sample in accordance with the method laid down in
                                                                    Commission Regulation (EEC) No 689/92 (*) and shall
                                                                    analyse that sample.
(') OJ No   L 181 , 1 . 7. 1992, p. 21 .
0   OJ No   L 197, 30. 7. 1994, p. 1 .
0   OJ No   L 191 , 31 . 7. 1993, p. 76.                            o OJ No L 331 , 2. 12. 1988, p. 1 .
(4) OJ No   L 21 , 26. 1 . 1994, p. 1 .                              6) OJ No L 74, 20. 3. 1992, p. 18 .
 ---pagebreak--- No L 264/ 12                          Official Journal of the European Communities                                   14. 10. 94
(a) Where the final results of the analysis of the sample                     Once these formalities have been completed,
    indicate a difference between the quality of the barley                   he shall be immediately released from all his
    to be removed and the quality as described in the                         obligations relating to the lot in question,
    notice of invitation to tender, which nevertheless                        including the securities.
    remains within a limit of up to :                                         The lot in question shall then be put up for
                                                                              sale again under a future invitation to tender at
    — 2 kg/hi for the specific weight, which must not                         the quality established.
         however be less than 60 kg/hi,
                                                                  (b) Where the final results of the analysis of the sample
    — one percentage point for the moisture content,                  indicate that the quality is below the limits laid down
    — half a pourcentage point for the impurities                     in (a) above :
         referred to in points B.2 and B.4 of the Annex to            — the intervention agency shall, that same day,
         Regulation (EEC) No 689/92,                                      inform the Commission thereof in accordance
    — half a percentage point for the impurities referred                 with Annex III, as well as the storer and the
         to in point B.5 of the Annex to Regulation (EEC)                 successful tenderer,
         No 689/92, the percentages admissible for noxious
         grains however remaining unchanged, the fol­                 — the successful tenderer shall give official notice,
         lowing provisions shall apply :                                  that same day, to the intervention agency of the
                                                                          impossibility of taking over the lot in question and
     (i) the intervention agency shall, that same day,                    shall inform the Commission thereof, that same
         inform the Commission thereof in accordance                      day, in accordance with Annex IV. Once these
         with Annex III, as well as the storer and the                    formalities have been completed, he shall be
         successful tenderer ;                                            immediately released from all his obligations re­
                                                                          lating to the lot in question, including the securi­
    (ii) the successful tenderer may :                                    ties.
        — either agree to take over the lot with its charac­      2.    All risks shall be borne by the successful tenderer
                                                                  from the time of removal .
            teristics as established,
        — or refuse to take over the lot in question. In                                    Article 7
            that case the successful tenderer shall, that
            same day, inform the intervention agency and          This Regulation shall enter into force on the day of its
            the Commission thereof in accordance with             publication in the Official Journal of the European
            Annex IV.                                             Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 13 October 1994.
                                                                            For the Commission
                                                                                Rene STEICHEN
                                                                       Member of the Commission
 ---pagebreak--- 14. 10 . 94                             Official Journal of the European Communities                                        No L 264/ 13
                                                               ANNEX I
                                                                                                 (tonnes)
                                            Place of storage                         Quantity
                                 Amiens                                               45 000
                                 Châlons-sur-Marne                                    61 000
                                 Dijon                                                12 000
                                 Lille                                                13 000
                                 Nancy                                                34 000
                                 Orleans                                              50 000
                                 Paris                                                22 000
                                 Poitiers                                              8 000
                                 Rouen                                                55 000
                                                              ANNEX II
            Standing invitation to tender for the export of 300 000 tonnes of barley held by the French
                                                         intervention agency
                                                    (Regulation (EC) No 2477/94)
                      1                2              3               4               5              6               7
                                                                               Price increases
                                                                Offer price        (+) or      Commercial
                  Tender        Consignment       Quantity                       reductions
                    No               No           (tonnes)     (ECU/tonne)           (-)
                                                                                                   costs        Destination
                                                                     C)         (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 264/ 14                      Official Journal of the European Communities                          14. 10 . 94
                                                      ANNEX IV
             Communication of refusal of lots under the standing invitation to tender for the export of
                        300 000 tonnes of barley held by the French intervention agency
                                        Article 6 of Regulation (EC) No 2477/94
             — 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 barley of unimpaired
                                                           quality
                                                       — Other