CELEX: 31994R2463
Language: en
Date: 1994-10-13 00:00:00
Title: Commission Regulation (EC) No 2463/94 of 12 October 1994 amending Regulation (EC) No 953/94 increasing to 1 400 000 tonnes the quantity of barley held by the German intervention agency for which a standing invitation to tender for export has been opened

13 . 10 . 94                            Official Journal of the European Communities                              No L 263/5
                                      COMMISSION REGULATION (EC) No 2463/94
                                                      of 12 October 1994
                  amending Regulation (EC) No 953/94 increasing to 1 400 000 tonnes the quantity
                  of barley held by the German intervention agency for which a standing
                                      invitation to tender for export has been opened
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        HAS ADOPTED THIS REGULATION :
 Having regard to the Treaty establishing the European
Community,                                                                                     Article 1
Having regard to Council Regulation (EEC) No 1766/92               Article 1 of Regulation (EC) No 953/94 is replaced by the
of 30 June 1992 on the common organization of the                  following :
market in cereals (*), as last amended by Commission
Regulation (EC) No 1866/94 (2), and in particular Article 5             Article 1
thereof,
                                                                       The German intervention agency may, on the condi­
Having regard to Commission Regulation (EEC) No                        tions laid down in Regulation (EEC) No 2131 /93,
2131 /93 of 28 July 1993 laying down the procedure and                 open a standing invitation to tender for the export of
conditions for the disposal of cereals held by the interven­           1 400 000 tonnes of barley held by it.'
tion agencies (3), as amended by Commission Regulation
(EC) No 120/94 (4),
                                                                                               Article 2
Whereas Commission Regulation (EC) No 953/94 0, as
last amended by Regulation (EC) No 1821 /94 (®), opened a          Article 2 of Regulation (EC) No 953/94 is replaced by the
standing invitation to tender for the export of 1 400 000          following :
tonnes of barley held by the German intervention
                                                                        Article 2
agency ; whereas, in a communication of 6 October 1994,
Germany informed the Commission of the intention of                    1.     The invitation to tender shall cover a maximum
its intervention agency to increase by 300 000 tonnes the              of 1 400 000 tonnes of barley to be exported to all
quantity for which a standing invitation to tender for                 third countries .
export has been opened ; whereas the total quantity of
barley held by the German intervention agency for which                2. The regions in which the 1 400 000 tonnes of
a standing invitation to tender for export has been opened             barley are stored are stated in Annex I to this Regula­
should be increased to 1 400 000 tonnes ;                              tion.'
Whereas this increase in the quantity put out to tender
makes it necessary to alter the list of regions and quant­                                     Article 3
ities in store ; whereas Annex I to Regulation (EC) No
953/94 must therefore be amended ;
                                                                   The following Article 5 is inserted :
Whereas special rules must be laid down to ensure that                  Article 5
the operations are properly carried out and monitored ;
                                                                       1.     Before the lot awarded is removed, the interven­
Whereas to that end the Member States must provide for                 tion agency and the successful tenderer shall take a
all additional measures compatible with the provisions in              reference sample in accordance with the method laid
force to ensure that the operation takes place smoothly                down in Commission Regulation (EEC) No 689/92 (*)
and that the Commission is kept informed ;                             and shall analyse that sample.
Whereas the monitoring arrangements should accordingly                 (a) Where the final results of the analysis of the
be supplemented by the possibility of a sample being                       sample indicate a difference between the quality of
taken in the presence of both parties ;                                    the barley to be removed and the quality as
                                                                           described in the notice of invitation to tender,
Whereas the measures provided for in this Regulation are                   which nevertheless remains within a limit of up
in accordance with the opinion of the Management                           to :
Committee for Cereals,
                                                                           — 2 kg/hi for the specific weight, which must not
                                                                                however be less than 60 kg/hi,
(») OJ No L 181 , 1 . 7. 1992, p. 21 .
(2) OJ No L 197, 30. 7. 1994, p. 1 .                                       — one percentage point for the moisture content,
¥) OJ No L 191 , 31 . 7. 1993, p. 76.                                      — half a percentage point for the impurities
(4) OJ No L 21 , 26. 1 . 1994, p. 1 .
0 OJ No L 108, 29. 4. 1994, p. 4.                                               referred to in points B.2 and B.4 of the Annex
¥) OJ No L 190, 26. 7. 1994, p. 10.                                             to Regulation (EEC) No 689/92,
 ---pagebreak--- No L 263/6                              Official Journal of the European Communities                                      13 . 10 . 94
      — half a percentage point for the impurities                                   the intervention agency shall, that same day,
           referred to in point B.5 of the Annex to Regu­                            inform the Commission thereof in accordance
           lation (EEC) No 689/92, the percentages admis­                            with Annex III, as well as the storer and the
           sible for noxious grains however remaining                                successful tenderer,
           unchanged, the following provisions shall
           apply :                                                                   the successful tenderer shall give official
                                                                                     notice, that same day, to the intervention
       (i) The intervention agency shall, that same day,                             agency of the impossibility of taking over the
           inform the Commission thereof in accordance
                                                                                     lot in question and shall inform the Commis­
           with Annex III, as well as the storer and the
                                                                                     sion thereof, that same day, in accordance with
           successful tenderer ;                                                     Annex IV. Once these formalities have been
      (ii) The successful tenderer may :                                             completed, he shall be immediately released
           — either agree to take over the lot with its                              from all his obligations relating to the lot in
               characteristics as established,                                       question, including the securities.
           — or refuse to take over the lot in question. In
               that case the successful tenderer shall, that
               same day, inform the intervention agency                      2.    All risks shall be borne by the successful
                                                                             tenderer from the time of removal.
               and the Commission thereof in accordance
               with Annex IV.
               Once     these     formalities    have        been            0 OJ No L 74, 20. 3. 1992, p. 18 .'
               completed, he shall be immediately released
               from all his obligations relating to the lot in
               question, including the securities,
               The lot in question shall then be put up for
               sale again under a future invitation to                                                 Article 4
               tender at the quality established.
  (b) Where the final results of the analysis of the
       sample indicate that the quality is below the limits             Annex I to Regulation (EC) No 953/94 is replaced by the
       laid down in (a) above :                                         Annex hereto.
                                                                Article 5
                 The following Annex IV is hereby added to Regulation (EC) No 953/94 :
                     ANNEX IV
                    Communication of refusal of lots under the standing invitation to tender for the export
                             of 1 400 000 tonnes of barley held by the German intervention agency
                                               (Article 5 of Regulation (EC) No 953/94)
                    — 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'
                                                               Article 6
                 This Regulation shall enter into force on the day of its publication in the Official Journal
                 of the European Communities.
 ---pagebreak--- 13 . 10 . 94                    Official Journal of the European Communities                        No L 263 /7
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 12 October 1994.
                                                                    For the Commission
                                                                      Rene STEICHEN
                                                                Member of the Commission
                                                        ANNEX
                                                       ANNEX I
                                                                                  (tonnes)
                                         Place of storage                Quantity
                            Schleswig-Holstein/Hamburg/
                            Niedersachsen/Bremen/
                            Nordrhein-Westfalen                          664 946
                            Hessen/Rheinland-Pfalz/
                            Baden-Württemberg/Saarland/Bayern             63 876
                            Berlin/Brandenburg/
                            Mecklenburg-Vorpommern                       295 112
                            Sachsen/Sachsen-Anhalt/Thüringen             268 267
                            Belgium                                       44 862
                            Netherlands                                   62 938'