31994R1843
28 . 7. 94 Official Journal of the European Communities No L 192/5
COMMISSION REGULATION (EC) No 1843/94 of 27 July 1994 opening a standing invitation to tender for the export of 200 000 tonnes of durum wheat held by the Italian intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 2. The regions in which the 200 000 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) tion (EEC) No 2193/93 (2), and in particular Article 5 No 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 120/94 (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 200 000 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 ; 3 August 1994 at 12 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 12 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 28 September 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 Greek inter vention agency. Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman , Article 5
The Italian intervention agency shall notify the Commis sion of the tenders received not later than two hours after HAS ADOPTED THIS REGULATION : 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 Article 6 standing invitation to tender for the export of 200 000 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 Article 2 working days 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 Greek inter 200 000 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 . (2) OJ No L 196, 5. 8 . 1993, p. 22. (3) OJ No L 191 , 31 . 7. 1993, p. 76 . 0 OJ No L 331 , 2. 12. 1988 , p. 1 . (<) OJ No L 21 , 26 . 1 . 1994, p . 1 . (6) OJ No L 74, 20. 3. 1992, p. 18 .
No L 192/6 Official Journal of the European Communities 28 . 7. 94
Where the final results of the analysis of the sample indi same day, the intervention agency and the cate a significant difference between the quality of the Commission thereof in accordance with Annex IV. durum wheat to be removed and the quality as described Once these formalities have been fulfilled, he shall in the notice of invitation to tender referred to in Article be immediately released from all his obligations 1 of this Regulation, the successful tenderer may refuse relating to the lot in question, including the secu the merchandise . rities .
A significant difference shall be a specific weight of less The lot in question shall then be put up for sale again than 76 kg/hi, a level of broken grains of more than 9 % under a future invitation to tender at the quality esta and a discrepancy of one percentage point for the mois blished. ture content, 10 points for the Hagberg falling index, one 4. Where the analysis of the reference sample referred percentage point for the protein content, 10 percentage to in paragraph 2 indicates that the quality is lower than points for the grains which have lost their vitreous aspect, the limits laid down in paragraph 2 : half a percentage point for the impurities referred to under B.2, B.3 and B.4 and half a percentage point for the — the intervention agency shall inform, that same day, impurities referred to under B.5, the percentage admis the Commission departments thereof in accordance sible for noxious grains, damaged grains and ergor, with Annex III, as well as the storer and the successful however, remaining as laid down in the Annex to Regula tenderer, tion (EEC) No 689/92. — the successful tenderer shall give official notice, that 3. Where the analysis of the reference sample referred same day, to the intervention agency of the impossibi to in paragraph 2 indicates that the quality is different lity of taking over the lot in question and shall inform from the quality required under the invitation to tender, the Commission thereof, that same day, in accordance and where that quality is nevertheless within the limits with Annex IV. Once these formalities have been laid down in paragraph 2 : fulfilled, he shall be immediately released from all his obligations relating to the lot in question, including — the intervention agency shall inform, that same day, the securities . the Commission departments thereof in accordance with Annex III, as well as the storer and the successful tenderer, 5. All risks and storage costs shall be borne by the successful tenderer from the time of removal. — the successful tenderer may : Article 7 (a) either accept to take over the lot with its characte ristics as established ; This Regulation shall enter into force on the day of its (b) or refuse to take over the lot in question . In that publication in the Official Journal of the European case the successful tenderer shall inform, that 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
28 . 7. 94 Official Journal of the European Communities No L 192/7
ANNEX I (tonnes) Place of storage Quantity
Ravenna 6 809,509 Ferrara 3 770,000 Ancona 20 369,110 Macerata 2 874,778 La Spezia 732,580 Siena 1 280,000 Grosseto 4 080,61 5 Napoli 15 647,468 Potenza 3 241,323 Bari 17 007,260 Foggia 24 838,619 Catanzaro 69 3 1 4,0 1 9 Palermo 2 661,159 Siracusa 10 273,920 Catania 10 871,480 Caltanissetta 4 774,180 Agrigento 1 453,980
ANNEX II
Standing invitation to tender for the export of 200 000 tonnes of durum wheat held by the Italian intervention agency
1 I 2 J 3 J 4 J 5 6 I 7
Price increases Offer price ( + ) pr Commercial Tender Consignment Quantity reductions (ECU/tonne) costs Destination No No (tonnes) (-) (') (ECU/tonne) (ECU/tonne) p.m .
(') 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 192/8 28 . 7. 94 Official Journal of the European Communities
ANNEX IV
Communication of refusal of lots under the standing invitation to tender for die export of 200 000 tonnes of durum wheat held by the Italian intervention agency
Article6¶
— 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
— % 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
I