31994R1019

No L 112/ 10 3 . 5 . 94 Official Journal of the European Communities

COMMISSION REGULATION (EC) No 1019/94 of 2 May 1994 on the opening of a standing invitation to tender for the resale on the internal market of 90 000 tonnes of durum wheat held by the Greek intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 2. The deadline for the submission of tenders for the final partial invitation to tender shall be 14 June 1994. Having regard to the Treaty establishing the European Community, 3. The tenders shall be deposited with the Greek inter­ vention agency : Having regard to Council Regulation (EEC) No 1766/92 DYDAGEP . of 30 June 1992 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) 241 , Acharnon St, GR- 10446 Athens No 2193/93 (2), and in particular Article 5 thereof, (Telex : 22 17 36 ITAG GR ; fax : 862 93 73)

Whereas Commission Regulation (EEC) No 2131 /93 (3), as amended by Regulation (EC) No 120/94 (4), lays down the procedures and conditions governing the offer for sale Article 3 of cereals held by intervention agencies ;

1 . The successful tenderer shall notify the storer and Whereas, in the present situation, a standing invitation to the Greek intervention agency in writing at least five days tender should be opened for the resale on the internal in advance of his intention to remove the merchandise. market of 90 000 tonnes of durum wheat held by the Greek intervention agency ; 2. Before the lot awarded is removed, the Greek inter­ Whereas, given the lengthy storage period for certain lots vention agency and the successful tenderer shall take a reoffered for sale on the market, potential buyers, should reference sample in accordance with the method laid down in Commission Regulation (EEC) No 689/92 (*). be afforded a degree of security as regards quality ;

Whereas the measures provided for in this Regulation are Where the final results of the analysis of the sample indi­ in accordance with the opinion of the Management cate a significant difference between the quality of the Committee for Cereals, durum wheat to be removed and the quality as described in the notice of invitation to tender referred to in Article 1 of this Regulation, the successful tenderer may refuse the merchandise .

HAS ADOPTED THIS REGULATION : A significant difference shall be a specific weight of less than 76 kg/hi, a level of broken grains of more than 9 % and a discrepancy of one percentage point for the mois­ ture content, 10 points for the Hagberg falling index, one Article 1 percentage point for the protein content, to percentage points for the grains which have lost their vitreous aspect, a half a percentage point for the impurities referred to The Greek intervention agency shall, under the terms under B.2, B.3 and B.4 and a half a percentage point for specified in Regulation (EEC) No 2131 /93, initiate a stan­ the impurities referred to under B.5, the percentage ding invitation to tender for the resale on the internal admissible for noxious grains, damaged grains and ergor, market of 90 000 tonnes of durum wheat held by it. however, remaining as laid down in the Annex to Regula­ tion (EEC) No 689/92.

Article 2 3. In the event of dispute, the intervention agency shall submit the sample in question for inscription and the 1 . The deadline for the submission of tenders for the costs incurred shall be borne by the losing party. first partial invitation to tender shall be 10 May 1994. 4. If removal of the durum wheat is delayed by more (') OJ No L 181 , 1 . 7. 1992, p. 21 . than five days with relation to the date of acceptance of (2) OJ No L 196, 5. 8 . 1993, p. 22. (3) OJ No L 191 , 31 . 7. 1993, p. 76. (4 OJ No L 21 , 26. 1 . 1994, p. 1 . 0 OJ No L 74, 20. 3. 1992, p. 18 .

3 . 5 . 94 Official Journal of the European Communities No L 112/ 11

the lot to be removed by the successful tenderer for the expiry of the deadline for the submission of tenders, reasons imputable to the Greek intervention agency, of the quantity and the average prices of the different lots Greece shall be responsible for the payment of compensa­ sold . tion . Article 5 Article 4 This Regulation shall enter into force on the third day The Greek intervention agency shall notify the Commis­ following its publication in the Official Journal of the sion, by no later than the Tuesday of the week following European Communities.

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

Done at Brussels, 2 May 1994.

For the Commission Rene STEICHEN Member of the Commission