CELEX: 31995R0486
Language: en
Date: 1995-03-01 00:00:00
Title: COMMISSION REGULATION (EC) No 486/95 of 1 March 1995 amending Regulation (EC) No 2458/94 relating to the opening of standing invitations to tender for the export of bread-making wheat held by the French and German intervention agencies to certain ACP States during the 1994/95 marketing year

4. 3. 95            I EN 1                Official Journal of the European Communities                              No L 49/37
                                         COMMISSION REGULATION (EC) No 486/95
                                                         of 1 March 1995
                  amending Regulation (EC) No 2458/94 relating to the opening of standing
                  invitations to tender for the export of bread-making wheat held by the French
                  and German intervention agencies to certain ACP States during the 1994/95
                                                          marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         the monitoring objectives but involve excessive delays
                                                                    that make the conduct of the export operations difficult ;
Having regard to the Treaty establishing the European               whereas the frequency of sampling should be adjusted
Community,
                                                                    and the time limit for the analyses should be fixed, while
                                                                    continuing to observe the monitoring objectives ;
Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organization of the                   Whereas the Management Committee for Cereals has not
market in cereals ('), as last amended by the Act of Acces­         delivered an opinion within the time limit set by its
                                                                    chairman,
sion of Austria, Finland and Sweden, and in particular
Article 5 thereof,
Whereas Commission Regulation (EEC) No 2131 /93 (2),
as amended by Regulation (EC) No 1 20/94 (3), lays down             HAS ADOPTED THIS REGULATION :
the procedure and conditions for the disposal of cereals
held by the intervention agencies ;
Whereas Commission Regulation (EC) No 2458/94 (4),                                             Article 1
opened standing invitations to tender for the export of
bread-making wheat held by the French and German
intervention agencies to certain ACP States during the              Article 6 of Regulation (EC) No 2458/94 is hereby
1994/95 marketing year ;                                            replaced by the following :
                                                                         'Article 6
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.
Whereas, while the method set out in Commission Regu­                   Reference samples shall be taken and analysed within
lation (EEC) No 689/92 (5), as last amended by Regulation               seven working days of the date of the successful
(EEC) No 2204/94 (6), can still be used when the cereals                tenderer's request or within three working days if the
are delivered into intervention, its use is inappropriate               samples were taken on removal from storage. If the
when they are being withdrawn from intervention, given                  final result of the sample analyses indicates a quality :
current sampling techniques ; whereas reference should
no longer be made to it ;                                               (a) greater than that specified in the notice of invita­
                                                                             tion to tender, the successful tenderer must accept
                                                                             the lot as established ;
Whereas the measures laid down in Article 6 of Regula­
tion (EC) No 2458/94 satisfy, in the light of experience,               (b) greater than the minimum characteristics required
                                                                             for intervention but below the quality described in
(') OJ No  L  181 , 1 . 7. 1992, p. 21 .                                     the notice of invitation to tender, with the diffe­
0   OJ No  L  191 , 31 . 7. 1993, p. 76.                                     rence remaining within a limit of up to :
O   OJ No  L  21 , 26. 1 . 1994, p. 1 .
(4) OJ No   L 262, 12. 10. 1994, p. 21
O   OJ No   L 74, 20. 3. 1992, p. 18 .                                       — 2 kg/hi for the specific weight, which must
(6) OJ  No  L 236, 10. 9. 1994, p. 13.                                           not, however, be less than 72 kg/hi,
 ---pagebreak--- No L 49/38           EN               Official Journal of the European Communities                                    4. 3. 95
      — one percentage point for the moisture current,               (d) below the minimum characteristics required for
      — 20 percentage points for the Hagberg falling                     intervention, the successful tenderer may not
           index,                                                        remove the lot in question. He shall be released
      — one percentage point for the protein content,                    from all his obligations relating to the lot in ques­
                                                                         tion, including the securities, only once he has
      — half a percentage point for the impurities                       informed the Commission and the intervention
           referred to in B.2 and B.4 of the Annex to
                                                                         agency forthwith, in accordance with Annex V ;
           Regulation (EEC) No 689/92,                                   however, he may request the intervention agency
          and                                                            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 percentages                        rity shall not be released. The lot must be replaced
          admissible for noxious grains and ergot,                       within a maximum of three days from the date of
          however, remaining unchanged,                                  the successful tenderer's request. The successful
      the successful tenderer must accept the lot as                     tenderer shall immediately inform the Commis­
                                                                         sion thereof in accordance with Annex V.
      established ;
  (c) greater than the minimum characteristics required              2. However, if the bread-making wheat is removed
      for intervention but below the quality described in            before the results of the analysis are known, all risks
      the notice of invitation to tender with the diffe­             shall be borne by the successful tenderer from the
      rence surpassing the limit referred to in point (b),           time of removal of the lot, without prejudice to the
      the successful tenderer may :                                  forms of recourse the successful tenderer may have
                                                                     against the storer.
      — either accept the lot as established,
                                                                     3. If, after successive replacements, the successful
      — or refuse to take over the lot in question. The              tenderer has not received a replacement lot of the
          successful tenderer shall be released from all
                                                                     quality laid down within one month of the date of his
          his obligations relating to the lot in question,           request for replacement, he shall be released from all
          including the securities, only once he has                 his obligations, including the securities once he has
          informed the Commission and the interven­                  informed    the   Commission     and   the  intervention
          tion agency forthwith, in accordance with                  agency forthwith in accordance with Annex V.'
          Annex V ; however, if he requests the interven­
          tion agency to supply him with another lot of
                                                                                           Article 2
          intervention bread-making wheat of the
          quality laid down, and that without additional        This Regulation shall enter into force on the third day
          charges, the security shall not be released. The      following its publication in the Official Journal of the
          lot must be replaced within a maximum of              European Communities.
          three days from the date of the successful
          tenderer's request. The successful tenderer           It shall apply to the quantities of bread-making wheat not
          shall immediately inform the Commission               removed under the invitations to tender opened by Regu­
          thereof in accordance with Annex V ;                  lation (EC) No 2458/94.
                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