31994R2162
3 . 9 . 94 No L 230/3 Official Journal of the European Communities"
COMMISSION REGULATION (EC) No 2162/94 of 2 September 1994 opening a standing invitation to tender for the export of 300 000 tonnes of barley held by the United Kingdom intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES, Article 2
Having regard to the Treaty establishing the European The regions in which the 300 000 tonnes of barley are stored are stated in Annex I to this Regulation. Community,
Having regard to Council Regulation (EEC) No 1766/92 Article 3 of 30 June 1992 on the common organization of the market in cereals ('), as last amended by Commission The export licences shall be valid from their date of issue, Regulation (EC) No 1866/94 (2), and in particular Article 5 within the meaning of Article 9 of Regulation (EEC) thereof, No 2131 /93, until the end of the third month following.
Whereas Commission Regulation (EEC) No 2131 /93 (% Tenders submitted in response to this invitation to tender as amended by Regulation (EC) No 1 20/94 (4), lays down may not be accompanied by applications for export certi the procedure and conditions for the disposal of cereals ficates pursuant to Article 44 of Commission Regulation held by intervention agencies ; (EEC) No 3719/88 ft.
Whereas 300 000 tonnes of barley, held by the United Kingdom intervention agency, should be put up for sale Article 4 for export ; f. Notwithstanding Article 7 (1 ) of Regulation (EEC) Whereas special rules must be laid down to ensure that No 2131 /93 the time limit for submission of tenders the operations are properly carried out and monitored ; under the first partial invitation to tender shall expire on 8 September 1994 at 9 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 Thursday at 9 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 22 December 1994 at 9 a.m. (Brussels time). be supplemented by the possibility of a sample being taken in the presence of both parties ; 4. The tenders shall be lodged with the United Kingdom intervention agency. Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, Article 5
The United Kingdom intervention agency shall notify the Commission of the tenders received not later than two hours after expiry of the time limit for the submission HAS ADOPTED THIS REGULATION : thereof. Notification shall be given as specified in the table in Annex II to this Regulation, to the telex or telefax numbers in Annex III. Article 1
Article 6 The United Kingdom intervention agency may, on the conditions laid down in Regulation (EEC) No 2131 /93, 1 . Before the lot awarded is removed, the intervention open a standing invitation to tender for the export of agency and the successful tenderer shall take a reference 300 000 tonnes of barley held by it, to be exported to all third countries . sample in accordance with the method laid down in Commission Regulation (EEC) No 689/92 (*) and shall analyse that sample. (') OJ No L 181 , 1 . 7. 1992, p. 21 . O OJ No L 197, 30. 7. 1994, p. 1 . O 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.
No L 230/4 Official Journal of the European Communities 3 . 9 . 94
(a) Where the final results of the analysis of the sample obligations relating to the lot in question, indicate a difference between the quality of the barley including the securities. to be removed and the quality as described in the The lot in question shall then be put up for notice of invitation to tender, which nevertheless sale again under a future invitation to tender at remains within a limit of up to : the quality established. — 2 kg/hi for the specific weight, which must not however be less than 60 kg/hi, (b) Where the final results of the analysis of the sample indicate that the quality is below the limits laid down — one percentage point for the moisture content, in (a) above : — half a pourcentage point for trhe impurities referred to in points B.2 and B.4 of the Annex to — the intervention agency shall, that same day, Regulation (EEC) No 689/92, inform the Commission thereof in accordance — half a percentage point for the impurities referred with Annex III, as well as the storer and the to in point B.5 of the Annex to Regulation (EEC) successful tenderer, No 689/92, the percentages admissible for noxious grains however remaining unchanged, the fol — the successful tenderer shall give official notice, lowing provisions shall apply : that same day, to the intervention agency of the impossibility of taking over the lot in question and (i) The intervention agency shall, that same day, shall inform the Commission thereof, that same inform the Commision thereof in accordance with day, in accordance with Annex IV. Once these Annex III, as well as the storer and the successful formalities have been completed, he shall be tenderer ; immediately released from all his obligations rela (ii) The successful tenderer may : ting to the lot in question, including the securities. — either agree to take over the lot with its charac 2. All risks and storage costs shall be borne by the teristics as established, successful tenderer from the time of removal . — or refuse to take over the lot in question. In that case the successful tenderer shall, that same day, inform the intervention agency and Article 7 the Commission thereof in accordance with Annex IV. This Regulation shall enter into force on the third day Once these formalities have been completed, following its publication in the Official Journal of the he shall be immediately released from all his European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 September 1994.
For the Commission Karel VAN MIERT Member of the Commission
3 . 9 . 94 Official Journal of the European Communities No L 230/5
ANNEX I
(tonnes)
Place of storage Quantity
England 175 000 Scotland 1 25 000
ANNEX II
Standing invitation to tender for the export of 300 000 tonnes of barley held by the United Kingdom 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 ) : — telex : 22037 AGREC B 22070 AGREC B (Greek characters) — telefax : — 295 01 32 — 296 10 97 — 295 25 15 .
No L 230/6 3 . 9 . 94 Official Journal of the European Communities
ANNEX IV
Communication of refusal of lots under the standing invitation to tender for the export of 300 000 tonnes of barley held by the United Kingdom 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
— Specific weight (kg/hi) — % sprouted grains — % miscellaneous impurities (Schwarzbesatz) — % of matter which is not barley of unimpaired quality — Other