31994R0823
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 subsequent partial invitations to tender shall expire each force to ensure that the operation takes place smoothly Wednesday at 13 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 25 May 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 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 the Italian intervention agency in writing at least five days Article 2 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.
14. 4. 94 No L 95/3 Official Journal of the European Communities
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 than five days with relation to the date of acceptance of A significant difference shall be a specific weight of less the lot to be removed by the successful tenderer for than 76 kg/hi, a level of broken grains of more than 9 % reasons imputable to the Italian intervention agency, Italy and a discrepancy of one percentage point for the mois shall be responsible for the payment of compensation. ture content, 10 points for the Hagberg falling index, one 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 successful tenderer from the time of removal. half a percentage point for the impurities referred to 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
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
1 2 3 4 5 6 7
Price increases ( + ) or Commercial Tender Offer price reductions Consignment Quantity costs Destination No No (ECU/tonne) (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 .