31994R1842
28 . 7 . 94 Official Journal of the European Communities No L 192/ 1
I
(Acts whose publication is obligatory)
COMMISSION REGULATION (EC) No 1842/94 of 27 July 1994 opening a standing invitation to tender for the export of 100 000 tonnes of durum wheat held by the Greek intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES, Article 2
Having regard to the Treaty establishing the European 1 . The invitation to tender shall cover a maximum of Community, 1 00 000 tonnes of durum wheat to be exported to all third countries . Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the 2. The regions in which the 1 00 000 tonnes of durum market in cereals ('), as amended by Commission Regula wheat are stored are stated in Annex I to this Regulation. tion (EEC) No 2193/93 (2), and in particular Article 5 thereof, Article 3 Whereas Commission Regulation (EEC) No 2131 /93 (3), as amended by Regulation (EC) No 1 20/94 (4), lays down The export licences shall be valid from their date of issue, the procedure and conditions for the disposal of cereals within the meaning of Article 9 of Regulation (EEC) No held by intervention agencies ; 2131 /93, until the end of the third month following.
Whereas 100 000 tonnes of durum wheat, held by the Tenders submitted in response to this invitation to tender Greek intervention agency, should be put up for sale for may not be accompanied by applications for export certi export ; ficates pursuant to Article 44 of Commission Regulation (EEC) No 3719/88 0. Whereas special rules must be laid down to ensure that the operations are properly carried out and monitored ; Article 4 Whereas to that end the Member States must provide for all additional measures compatible with the provisions in 1 . Notwithstanding Article 7 ( 1 ) of Regulation (EEC) force to ensure that the operation takes place smoothly No 2131 /93 the time limit for submission of tenders and that the Commission is kept informed ; under the first partial invitation to tender shall expire on 3 August 1 994 at 12 a. m. (Brussels time). Whereas the monitoring arrangements should accordingly be supplemented by the possibility of a sample being 2 . The time limit for submission of tenders under the taken in the presence of both parties ; subsequent partial invitations to tender shall expire each Wednesday at 12 a.m . (Brussels time). Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its 3. The last partial invitation to tender shall expire on chairman , 28 September 1994.
4. The tenders shall be lodged with the Greek inter HAS ADOPTED THIS REGULATION : vention agency.
Article 1 Article 5 The Greek intervention agency may, on the conditions The Greek intervention agency shall notify the Commis laid down in Regulation (EEC) No 2131 /93, open a sion of the tenders received not later than two hours after standing invitation to tender for the export of 100 000 expiry of the time limit for the submission thereof. Noti tonnes of durum wheat held by it. fication shall be made as specified in the table in Annex II to this Regulation, to the telex or telefax numbers in (') OJ No L 181 , 1 . 7. 1992, p. 21 . Annex III . (2) OJ No L 196, 5. 8 . 1993, p. 22. 0 OJ No L 191 , 31 . 7. 1993, p. 76. (4) OJ No L 21 , 26. 1 . 1994, p. 1 . 0 OJ No L 331 , 2. 12. 1988, p. 1 .
No L 192/2 Official Journal of the European Communities 28 . 7 . 94
Article6¶
1 . The successful tenderer shall notify the storer and (a) either accept to take over the lot with its characte ristics as established ; the Greek intervention agency in writing at least five working days in advance of his intention to remove the (b) or refuse to take over the lot in question. In that merchandise. case the successful tenderer shall inform, that same day, the intervention agency and the 2. Before the lot awarded is removed, the Greek inter Commission thereof in accordance with Annex IV. vention agency and the successful tenderer shall take a Once these formalities have been fulfilled, he shall reference sample in accordance with the method laid be immediately released from all his obligations down in Commission Regulation (EEC) No 689/92 (!). relating to the lot in question, including the secu rities . Where the final results of the analysis of the sample indi cate a significant difference between the quality of the The lot in question shall then be put up for sale again durum wheat to be removed and the quality as described under a future invitation to tender at the quality esta in the notice of invitation to tender referred to in Article blished. 1 of this Regulation, the successful tenderer may refuse the merchandise . 4. Where the analysis of the reference sample referred to in paragraph 2 indicates that the quality is lower than the limits laid down in paragraph 2 : A significant difference shall be a specific weight of less than 76 kg/hi, a level of broken grains of more than 9 % — the intervention agency shall inform, that same day, and a discrepancy of one percentage point for the mois the Commission departments thereof in accordance ture content, 10 points for the Hagberg falling index, one with Annex III, as well as the storer and the successful percentage point for the protein content, 10 percentage tenderer, points for the grains which have lost their vitreous aspect, half a percentage point for the impurities referred to — the successful tenderer shall give official notice, that under B.2, B.3 and B.4 and half a percentage point for the same day, to the intervention agency of the impossibi impurities referred to under B.5, the percentage admis lity of taking over the lot in question and shall inform sible for noxious grains, damaged grains and ergor, the Commission thereof, that same day, in accordance with Annex IV. Once these formalities have been however, remaining as laid down in the Annex to Regula tion (EEC) No 689/92. fulfilled, he shall be immediately released from all his obligations relating to the lot in question, including 3. Where the analysis of the reference sample referred the securities. to in paragraph 2 indicates that the quality is different from the quality required under the invitation to tender, 5. All risks and storage costs shall be borne by the and where that quality is nevertheless within the limits successful tenderer from the time of removal. laid down in paragraph 2 : Article 7 — the intervention agency shall inform, that same day, the Commission departments thereof in accordance This Regulation shall enter into force on the day of its with Annex III, as well as the storer and the successful publication in the Official Journal of the European tenderer, Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 July 1994.
For the Commission Rene STEICHEN Member of the Commission
0) OJ No L 74, 20. 3. 1992, p. 18 .
28 . 7 . 94 Official Journal of the European Communities No L 192/3
ANNEX I (tonnes) Place of storage Quantity
Kastorias 6 896,336 Kozanis 2 917,350 Evrou 5 572,219 Kilkis 2 079,000 Halkidikis 7 742,027 Thessalonikis 11 761,600 Imathias 546,780 Pierias 2 679,047 Xanthis 67,090 Trikalon 1 585,150 Florinas 2 890,000 Kavalas 5 798,613 Rodopis 583,280 Serron 2 501,000 Magnissias 1 2 245,000 Attikis 1 900,000 Voiotias 1 000,000 Fthiotidos 3 066,000 Larisas 28 000,000
ANNEX II
Standing invitation to tender for the export of 100 000 tonnes of durum wheat held by the Greek intervention agency
1 I 2 3 4 5 6 I 7 Price increases ( + ) or Commercial Tender Offer price reductions Consignment Quantity costs No No (ECU/tonne) Destination (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.
No L 192/4 Official Journal of the European Communities 28 . 7 . 94
ANNEX IV
Communication of refusal of lots under the standing invitation to tender for the export of 100 000 tonnes of durum wheat held by the Greek intervention agency
Article6¶
— Name of successful tenderer : — Date of award of contract : — Date of refusal of lot by successful tenderer :
Lot Quantity Address in tonnes Reason for refusal to take over No of silo
— % mitadine grains — Specific weight (kg/hi) — Hagberg — % proteins (in dry matter) — % miscellaneous impurities (Schwarzbesatz) — % grains affected with fusariosis and/or mottled grains — % broken grains — % of matter which is not durum wheat of unim paired quality — Other