CELEX: 31994R2162
Language: en
Date: 1994-09-02 00:00:00
Title: COMMISSION REGULATION (EC) No 2162/94 of 2 September 1994 opening a standing invitation to tender for the export of 300 000 tonnes of barley held by the United Kingdom intervention agency

3. 9 . 94                                 Official Journal of the European Communities"                             No L 230/3
                                        COMMISSION REGULATION (EC) No 2162/94
                                                       of 2 September 1994
                   opening a standing invitation to tender for the export of 300 000 tonnes of barley
                                     held by the United Kingdom 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 (%                   Tenders submitted in response to this invitation to tender
as amended by Regulation (EC) No 1 20/94 (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 ft.
Whereas 300 000 tonnes of barley, held by the United
 Kingdom intervention agency, should be put up for sale                                        Article 4
 for export ;
                                                                     f.     Notwithstanding Article 7 (1 ) of Regulation (EEC)
Whereas special rules must be laid down to ensure that               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
                                                                     8 September 1994 at 9 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 ;                          Thursday at 9 a. m. (Brussels time).
                                                                     3. The last partial invitation to tender shall expire on
 Whereas the monitoring arrangements should accordingly              22 December 1994 at 9 a.m. (Brussels time).
 be supplemented by the possibility of a sample being
 taken in the presence of both parties ;                             4. The tenders shall be lodged with the United
                                                                      Kingdom intervention agency.
 Whereas the measures provided for in this Regulation are
 in accordance with the opinion of the Management
 Committee for Cereals,                                                                        Article 5
                                                                      The United Kingdom intervention agency shall notify the
                                                                      Commission of the tenders received not later than two
 HAS ADOPTED THIS REGULATION :
                                                                      hours after expiry of the time limit for the submission
                                                                      thereof. Notification 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 United Kingdom intervention agency may, on the
 conditions laid down in Regulation (EEC) No 2131 /93,
                                                                      1.    Before the lot awarded is removed, the intervention
 open a standing invitation to tender for the export of
  300 000 tonnes of barley held by it, to be exported to all          agency and the successful tenderer shall take a reference
  third 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 .
 O    OJ No  L 197, 30. 7. 1994, p. 1 .
  O   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--- No L 230/4                             Official Journal of the European Communities                                    3 . 9 . 94
(a) Where the final results of the analysis of the sample                    obligations relating to the lot in question,
    indicate a difference between the quality of the barley                  including the securities.
    to be removed and the quality as described in the                        The lot in question shall then be put up for
    notice of invitation to tender, which nevertheless                       sale again under a future invitation to tender at
    remains within a limit of up to :                                        the quality established.
    — 2 kg/hi for the specific weight, which must not
         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
                                                                      in (a) above :
    — half a pourcentage point for trhe impurities
         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 Commision thereof in accordance with
                                                                          day, in accordance with Annex IV. Once these
         Annex III, as well as the storer and the successful
                                                                          formalities have been completed, he shall be
         tenderer ;
                                                                          immediately released from all his obligations rela­
    (ii) The successful tenderer may :                                    ting to the lot in question, including the securities.
        — either agree to take over the lot with its charac­
            teristics as established,                             2.    All risks and storage costs shall be borne by the
                                                                  successful tenderer from the time of removal .
        — or refuse to take over the lot in question. In
            that case the successful tenderer shall, that
            same day, inform the intervention agency and                                     Article 7
            the Commission thereof in accordance with
            Annex IV.                                             This Regulation shall enter into force on the third day
            Once these formalities have been completed,           following its publication in the Official Journal of the
            he shall be immediately released from all his         European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 2 September 1994.
                                                                            For the Commission
                                                                             Karel VAN MIERT
                                                                       Member of the Commission
 ---pagebreak--- 3 . 9 . 94                           Official Journal of the European Communities                                          No L 230/5
                                                             ANNEX I
                                                                                                (tonnes)
                                           Place of storage                         Quantity
                                England                                             175 000
                                Scotland                                            1 25 000
                                                             ANNEX II
           Standing invitation to tender for the export of 300 000 tonnes of barley held by the United
                                                 Kingdom intervention agency
                                                   (Regulation (EC) No 2162/94)
                    1                2               3              4                 5             6               7
                                                                              Price increases
                                                               Offer price        ( + ) or    Commercial
                 Tender        Consignment       Quantity     (ECU/tonne)
                                                                                reductions
                                                                                                  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 ) :
           — telex :                22037 AGREC B
                                    22070 AGREC B (Greek characters)
           — telefax :              — 295 01 32
                                    — 296 10 97
                                    — 295 25 15 .
 ---pagebreak--- No L 230/6                      Official Journal of the European Communities                           3 . 9 . 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 United Kingdom intervention agency
                                    Article 6 (1 ) of Regulation (EC) No 2162/94
           — 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