CELEX: 31994R0823
Language: en
Date: 1994-04-14 00:00:00
Title: Commission Regulation (EC) No 823/94 of 13 April 1994 opening a standing invitation to tender for the export of 100 000 tonnes of durum wheat held by the Italian intervention agency

No L 95/2                                Official Journal of the European Communities                                  14. 4. 94
                                          COMMISSION REGULATION (EC) No 823/94
                                                          of 13 April 1994
                    opening a standing invitation to tender for the export of 100 000 tonnes of
                                     durum wheat held by the Italian intervention agency
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          2. The regions in which the 100 000 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) No
 tion (EEC) No 2193/93 (2), and in particular Article 5               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 1 20/94 (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 100 000 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 ;             20 April 1994 at 13 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
 force to ensure that the operation takes place smoothly             subsequent partial invitations to tender shall expire each
 and that the Commission is kept informed ;                          Wednesday at 13 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                 25 May 1994.
 taken in the presence of both parties ;
                                                                     4. The tenders shall be lodged with the Italian 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 Italian intervention agency shall notify the Commis­
HAS ADOPTED THIS REGULATION :                                        sion of the tenders received not later than two hours after
                                                                     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
standing invitation to tender for the export of 100 000                                        Article 6
tonnes of durum wheat held by it.
                                                                     1 . The successful tenderer shall notify the storer and
                              Article 2                              the Italian intervention agency in writing at least five days
                                                                     in advance of his intention to remove the merchandise.
 1.    The invitation to tender shall cover a maximum of
                                                                     2.     Before the lot awarded is removed, the Italian inter­
 1 00 000 tonnes of durum wheat to be exported to all third
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 .
O   OJ  No  L  196, 5. 8 . 1993, p. 22.
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 .                             h) OJ No L 74, 20. 3. 1992, p. 18.
 ---pagebreak---  14. 4. 94                            Official Journal of the European Communities                             No L 95/3
Where the final results of the analysis of the sample indi­     graph 2 above, the Italian intervention agency shall
cate a significant difference between the quality of the        supply him with another lot of intervention durum wheat
durum wheat to be removed and the quality as described          of the requisite quality, at no extra charge, within eight
in the notice of invitation to tender referred to in Article    days.
1 of this Regulation, the successful tenderer may refuse
the merchandise.
                                                                4. If removal of the durum wheat is delayed by more
A significant difference shall be a specific weight of less     than five days with relation to the date of acceptance of
than 76 kg/hi, a level of broken grains of more than 9 %        the lot to be removed by the successful tenderer for
and a discrepancy of one percentage point for the mois­         reasons imputable to the Italian intervention agency, Italy
ture content, 10 points for the Hagberg falling index, one      shall be responsible for the payment of compensation.
percentage point for the protein content, 10 percentage
points for the grains which have lost their vitreous aspect,    5.    All risks and storage costs shall be borne by the
half a percentage point for the impurities referred to          successful tenderer from the time of removal.
under B.2, B.3 and B.4 and half a percentage point for the
impurities referred to under B.5, the percentage admis­
sible for noxious grains, damaged grains and ergor,                                      Article 7
however, remaining as laid down in the Annex to Regula­
tion (EEC) No 689/92.
                                                                This Regulation shall enter into force on the day of its
3.    Where the successful tenderer refuses the merchan­        publication in the Official Journal of the European
dise, as provided for in the second subparagraph of para­       Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                 Done at Brussels, 13 April 1994.
                                                                         For the Commission
                                                                            Rene STEICHEN
                                                                     Member of the Commission
 ---pagebreak--- No L 95/4                             Official Journal of the European Communities                                        14. 4. 94
                                                              ANNEX I
                                                                                               (tonnes)
                                           Place of storage                         Quantity
                               Verona                                                  7 687
                               Parma                                                   5 864
                               Rovigo                                                 4 941
                               Ravenna                                                 1 289
                               Siena                                                  2 851
                               Latina                                                    992
                               Grosseto                                                1 105
                               Ancona                                               11 700
                               Napoli                                                  1 070
                               Potenza                                              12 000
                               Catanzaro                                            50 501
                                                             ANNEX II
          Standing invitation to tender for the export of 100 000 tonnes of durum wheat held by the
                                                   Italian intervention agency
                                                    (Regulation (EC) No 823/94)
                    1               2                3              4                5             6               7
                                                                             Price increases
                                                                                 ( + ) or    Commercial
                                                               Offer price     reductions
                Tender        Consignment       Quantity      (ECU/tonne)                        costs        Destination
                  No               No            (tonnes)                          (-)       (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 (Attention : Messrs Thibault and Brus)] :
          — telex :                22037 AGREC B
                                   22070 AGREC B (Greek characters)
          — telefax :              — 295 01 32
                                   — 296 10 97
                                   — 295 25 15 .