31994R0743

No L 87/76 31 . 3 . 94 Official Journal of the European Communities

COMMISSION REGULATION (EC) No 743/94 of 30 March 1994 amending Regulation (EC) No 646/94 opening a standing invitation to tender for the export of durum wheat held by the Greek intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 'Article 5a

1 . The successful tenderer shall notify the storer Having regard to the Treaty establishing the European and the Greek intervention agency in writing at least Community, five days in advance of his intention to remove the merchandise . Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the 2. Before the lot awarded is removed, the Greek market in cereals ('), as amended by Commission Regula­ intervention agency and the successful tenderer shall tion (EEC) No 2193/93 (2), and in particular Article 5 take a reference sample in accordance with the thereof, method laid down in Commission Regulation (EEC) No 689/92 0­ Whereas Commission Regulation (EEC) No 2131 /93 (3), Where the final results of the analysis of the sample as amended by Regulation (EC) No 120/94 (4), lays down indicate a significant difference between the quality of the procedure and conditions for the disposal of cereals the durum wheat to be removed and the quality as held by intervention agencies ; described in the notice of invitation to tender referred to in Article 1 of this Regulation, the successful Whereas Commission Regulation (EC) No 646/94 (^ tenderer may refuse the merchandise. opens a standing invitation to tender for the export to Algeria of 100 000 tonnes of durum wheat held by the A significant difference shall be a specific weight of Greek intervention agency ; less than 76 kg/hi, a level of broken grains of more than 9 % and a discrepancy of one percentage point for the moisture content, ten points for the Hagberg Whereas special rules must be laid down to ensure that falling index, one percentage point for the protein the operations are properly carried out and monitored ; content, ten percentage points for the impurities referred to under B.2, B.3 and B.4 and a half a percen­ Whereas to that end the Member States must provide for tage point for the impurities referred to under B.5, the all additional measures compatible with the provisions in percentage admissible for noxious grains, damaged force to ensure that the operation takes place smoothly grains and ergor, however, remaining as laid down in and that the Commission is kept informed ; the Annex to Regulation (EEC) No 689/92.

3 . Where the successful tenderer refuses the Whereas the monitoring arrangements should accordingly merchandise, as provided for in the second subpara­ be supplemented by the possibility of a sample being graph of paragraph 2 above, the Greek intervention taken in the presence of both parties ; agency shall supply him with another lot of interven­ tion durum wheat of the requisite quality, at no extra Whereas the measures provided for in this Regulation are charge, within eight days. in accordance with the opinion of the Management Committee for Cereals, 4. If removal of the durum wheat is delayed by more than five days with relation to the date of accep­ tance of the lot to be removed by the successful tenderer for reasons imputable to the Greek interven­ tion agency, Greece shall be responsible for the HAS ADOPTED THIS REGULATION : payment of compensation.

5. All risks and storage costs shall be borne by the successful tenderer from the time of removal . Article 1 0 OJ No L 74, 20. 3. 1992, p. 18.' In Regulation (EC) No 646/94 the following Article shall be inserted : Article 2 (>) OJ No L 181 , 1 . 7. 1992, p. 21 . (2) OJ No L 196, 5. 8 . 1993, p. 22. This Regulation shall enter into force on the day (3) OJ No L 191 , 31 . 7. 1993, p. 76. (4) OJ No L 21 , 26. 1 . 1994, p. 1 . following its publication in the Official Journal of the (Ó OJ No L 80, 24. 3. 1994, p. 14. European Communities.

31 . 3 . 94 Official Journal of the European Communities No L 87/77

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 30 March 1994.

For the Commission Rene STEICHEN Member of the Commission