CELEX: 31994R1843
Language: en
Date: 1994-07-28 00:00:00
Title: Commission Regulation (EC) No 1843/94 of 27 July 1994 opening a standing invitation to tender for the export of 200 000 tonnes of durum wheat held by the Italian intervention agency

28 . 7. 94                                  Official Journal of the European Communities                             No L 192/5
                                           COMMISSION REGULATION (EC) No 1843/94
                                                             of 27 July 1994
                    opening a standing invitation to tender for the export of 200 000 tonnes of
                                       durum wheat held by the Italian intervention agency
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            2. The regions in which the 200 000 tonnes of durum
                                                                       wheat are stored are stated in Annex I to this Regulation.
 Having regard to the Treaty establishing the European
 Community,
                                                                                                 Article 3
 Having regard to Council Regulation (EEC) No 1766/92
 of 30 June 1992 on the common organization of the                     The export licences shall be valid from their date of issue,
 market in cereals ('), as amended by Commission Regula­               within the meaning of Article 9 of Regulation (EEC)
 tion (EEC) No 2193/93 (2), and in particular Article 5                No 2131 /93, until the end of the third month following.
 thereof,
                                                                       Tenders submitted in response to this invitation to tender
 Whereas Commission Regulation (EEC) No 2131 /93 (3),                  may not be accompanied by applications for export certi­
 as amended by Regulation (EC) No 120/94 (4), lays down                ficates pursuant to Article 44 of Commission Regulation
 the procedure and conditions for the disposal of cereals              (EEC) No 3719/88 0­
 held by intervention agencies ;
Whereas 200 000 tonnes of durum wheat, held by the                                               Article 4
 Italian intervention agency, should be put up for sale for
 export ;                                                               1.   Notwithstanding Article 7 ( 1 ) of Regulation (EEC)
                                                                       No 2131 /93 the time limit for submission of tenders
Whereas special rules must be laid down to ensure that                 under the first partial invitation to tender shall expire on
 the operations are properly carried out and monitored ;               3 August 1994 at 12 a.m. (Brussels time).
Whereas to that end the Member States must provide for                 2.    The time limit for submission of tenders under the
 all additional measures compatible with the provisions in             subsequent partial invitations to tender shall expire each
 force to ensure that the operation takes place smoothly               Wednesday at 12 a.m. (Brussels time).
and that the Commission is kept informed ;
                                                                       3 . The last partial invitation to tender shall expire on
Whereas the monitoring arrangements should accordingly                 28 September 1994.
be supplemented by the possibility of a sample being
taken in the presence of both parties ;                                4. The tenders shall be lodged with the Greek inter­
                                                                       vention agency.
Whereas the Management Committee for Cereals has not
delivered an opinion within the time limit set by its
chairman,                                                                                        Article 5
                                                                       The Italian 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 made as specified in the table in Annex
                               Article 1                               II to this Regulation, to the telex or telefax numbers in
                                                                       Annex III.
The Italian intervention agency may, on the conditions
laid down in Regulation (EEC) No 2131 /93, open a                                                Article 6
standing invitation to tender for the export of 200 000
tonnes of durum wheat held by it.                                      1 . The successful tenderer shall notify the storer and
                                                                       the Italian intervention agency in writing at least five
                              Article 2                                working days in advance of his intention to remove the
                                                                       merchandise .
1.     The invitation to tender shall cover a maximum of
200 000 tonnes of durum wheat to be exported to all third              2.    Before the lot awarded is removed, the Greek inter­
countries .                                                            vention agency and the successful tenderer shall take a
                                                                       reference sample in accordance with the method laid
                                                                       down in Commission Regulation (EEC) No 689/92 (6).
(■) OJ  No  L  181 , 1 . 7. 1992, p. 21 .
(2) OJ  No  L  196, 5. 8 . 1993, p. 22.
(3) OJ  No  L  191 , 31 . 7. 1993, p. 76 .                             0 OJ No L 331 , 2. 12. 1988 , p. 1 .
(<) OJ  No  L  21 , 26 . 1 . 1994, p . 1 .                             (6) OJ No L 74, 20. 3. 1992, p. 18 .
 ---pagebreak--- No L 192/6                             Official Journal of the European Communities                                  28 . 7. 94
Where the final results of the analysis of the sample indi­               same day, the intervention agency and the
cate a significant difference between the quality of the                  Commission thereof in accordance with Annex IV.
durum wheat to be removed and the quality as described                    Once these formalities have been fulfilled, he shall
in the notice of invitation to tender referred to in Article              be immediately released from all his obligations
 1 of this Regulation, the successful tenderer may refuse                 relating to the lot in question, including the secu­
the merchandise .                                                         rities.
A significant difference shall be a specific weight of less          The lot in question shall then be put up for sale again
than 76 kg/hi, a level of broken grains of more than 9 %             under a future invitation to tender at the quality esta­
and a discrepancy of one percentage point for the mois­              blished.
ture content, 10 points for the Hagberg falling index, one
percentage point for the protein content, 10 percentage          4. Where the analysis of the reference sample referred
points for the grains which have lost their vitreous aspect,     to in paragraph 2 indicates that the quality is lower than
half a percentage point for the impurities referred to           the limits laid down in paragraph 2 :
under B.2, B.3 and B.4 and half a percentage point for the       — the intervention agency shall inform, that same day,
impurities referred to under B.5, the percentage admis­              the Commission departments thereof in accordance
sible for noxious grains, damaged grains and ergor,                  with Annex III, as well as the storer and the successful
however, remaining as laid down in the Annex to Regula­              tenderer,
tion (EEC) No 689/92.
                                                                 — the successful tenderer shall give official notice, that
3. Where the analysis of the reference sample referred               same day, to the intervention agency of the impossibi­
to in paragraph 2 indicates that the quality is different            lity of taking over the lot in question and shall inform
from the quality required under the invitation to tender,            the Commission thereof, that same day, in accordance
and where that quality is nevertheless within the limits             with Annex IV. Once these formalities have been
laid down in paragraph 2 :                                           fulfilled, he shall be immediately released from all his
— the intervention agency shall inform, that same day,               obligations relating to the lot in question, including
                                                                     the securities .
    the Commission departments thereof in accordance
    with Annex III, as well as the storer and the successful
    tenderer,                                                    5.    All risks and storage costs shall be borne by the
                                                                 successful tenderer from the time of removal.
— the successful tenderer may :
                                                                                            Article 7
    (a) either accept to take over the lot with its characte­
        ristics as established ;                                 This Regulation shall enter into force on the day of its
    (b) or refuse to take over the lot in question . In that     publication in the Official Journal of the European
        case the successful tenderer shall inform, that          Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 27 July 1994.
                                                                            For the Commission
                                                                               Rene STEICHEN
                                                                       Member of the Commission
 ---pagebreak--- 28 . 7. 94                             Official Journal of the European Communities                                         No L 192/7
                                                               ANNEX I
                                                                                                    (tonnes)
                                            Place of storage                          Quantity
                                 Ravenna                                             6 809,509
                                 Ferrara                                             3 770,000
                                 Ancona                                            20 369,110
                                 Macerata                                            2 874,778
                                 La Spezia                                              732,580
                                 Siena                                               1 280,000
                                 Grosseto                                            4 080,61 5
                                 Napoli                                             15 647,468
                                 Potenza                                             3 241,323
                                 Bari                                               17 007,260
                                 Foggia                                            24 838,619
                                 Catanzaro                                         69 3 1 4,0 1 9
                                 Palermo                                             2 661,159
                                 Siracusa                                          10 273,920
                                 Catania                                           10 871,480
                                 Caltanissetta                                       4 774,180
                                 Agrigento                                           1 453,980
                                                               ANNEX II
            Standing invitation to tender for the export of 200 000 tonnes of durum wheat held by the
                                                    Italian intervention agency
                                                    (Regulation (EC) No 1843/94)
                    1         I       2      J        3      J        4      J         5                6     I      7
                                                                               Price increases
                                                                 Offer price       ( + ) pr       Commercial
                 Tender         Consignment      Quantity                        reductions
                   No                No           (tonnes)      (ECU/tonne)          (-)
                                                                                                      costs     Destination
                                                                     (')                          (ECU/tonne)
                                                                                (ECU/tonne)
                                                                                     p.m .
           (') 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 192/8                      Official Journal of the European Communities                              28 . 7. 94
                                                      ANNEX IV
           Communication of refusal of lots under the standing invitation to tender for die export of
                  200 000 tonnes of durum wheat held by the Italian intervention agency
                                 Article 6 (3) or (4) of Regulation (EC) No 1843/94
           — 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
                                                       — % mitadine grains
                                                       — Specific weight (kg/hi)
                                                       — Hagberg
                                                       — % proteins (in dry matter)
                                                       — % miscellaneous impurities (Schwarzbesatz)
                                                       — % grains affected with fusariosis and/or mottled
                                                          grains
                                                       — % broken grains
                                                       — % of matter which is not durum wheat of unim­
                                                          paired quality
                                                       — Other
                                                                          I