31994R2229

No L 240/ 10 Official Journal of the European Communities 15 . 9 . 94

COMMISSION REGULATION (EC) No 2229/94 of 14 September 1994 amending Regulation (EC) No 1077/94 increasing to 1 400 000 tonnes the quantity of bread-making wheat held by the French intervention agency for which a standing invitation to tender for export has been opened

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, Having regard to the Treaty establishing the European Community,

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals ('), as last amended by Commission Article 1 Regulation (EC) No 1866/94 (2), and in particular Article 5 thereof, Article 1 of Regulation (EC) No 1 077/94 is replaced by the following : Whereas Commission Regulation (EEC) No 2131 /93 (3), 'Article 1 as amended by Regulation (EC) No 120/94 (4), lays down the procedure and conditions for the disposal of cereals The French intervention agency may, on the condi­ held by the intervention agencies ; tions laid down in Regulation (EEC) No 2131 /93, open a standing invitation to tender for the export of bread-making wheat held by it.' Whereas Commission Regulation (EC) No 1 077/94 0, as last amended by Regulation (EC) No 1689/94 (*), opened a standing invitation to tender for the export of 1 000 000 Article 2 tonnes of bread-making wheat held by the French inter­ vention agency ; whereas, in the communication of 8 Article 2 of Regulation (EC) No 1077/94 is replaced by September 1994, France informed the Commission of the the following : intention of its intervention agency to increase by 'Article 2 400 000 tonnes the quantity for which a standing invita­ tion to tender for export has been opened ; whereas the 1 . The invitation to tender shall cover a maximum total quantity of bread-making wheat held by the French of 1 400 000 tonnes of bread-making wheat to be intervention agency for which a standing invitation to exported to all third countries. tender for export has been opened should be increased to 1 400 000 tonnes ; 2. The regions in which the 1 400 000 tonnes of bread-making wheat are stored are stated in Annex I to this Regulation.' Whereas this increase in the quantity put out to tender makes it necessary to alter the list of regions and quanti­ ties in store ; whereas Annex I to Regulation (EC) No Article 3 1077/94 must therefore he amended ; The following Article 5 is inserted : Whereas special rules must be laid down to ensure that 'Article 5 the operations are properly carried out and monitored ; 1 . Before the lot awarded is removed, the interven­ tion agency and the successful tenderer shall take a Whereas to that end the Member States must provide for reference sample in accordance with the method laid all additional measures compatible with the provisions in down in Commission Regulation (EEC) No 689/92 (*) force to ensure that the operation takes place smoothly and shall analyse that sample. and that the Commission is kept informed ; (a) Where the final results of the analysis of the sample indicate a difference between the quality of Whereas the monitoring arrangements should accordingly the bread-making wheat to be removed and the be supplemented by the possibility of a sample being quality as described in the notice of invitation to taken in the presence of both parties ; tender, which nevertheless remains within a limit of up to : o OJ No L 181 , 1 . 7. 1992, p. 21 . — 2 kg/hi for the specific weight, which must not O OJ No L 197, 30. 7. 1994, p. 1 . (3) OJ No L 191 , 31 . 7. 1993, p. 76. however be less than 72 kg/hi, (4) OJ No L 21 , 26. 1 . 1994, p. 1 . — one percentage point for the moisture content, 0 OJ No L 120, 11 . 5. 1994, p. 9. (4 OJ No L 179, 13. 7. 1994, p. 2. — 10 points for the Hagberg falling index,

15 . 9 . 94 Official Journal of the European Communities No L 240/ 11

— one percentage point for the protein content, The lot in question shall then be put up for sale again under a future invitation to — half a percentage point for the impurities tender at the quality established. referred to in points B.2 and B.4 of the Annex to Regulation (EEC) No 689/92, (b) Where the final results of the analysis of the — half a percentage point for the impurities sample indicate that the quality is below the limits referred to in point B.5 of the Annex to Regu­ laid down in (a) : lation (EEC) No 689/92, the percentages — the intervention agency shall, that same day, admissible for noxious grains and ergot inform the Commission thereof in accordance however remaining unchanged, with Annex III, as well as the storer and the successful tenderer, the following provisions shall apply : — the successful tenderer shall give official notice, (i) the intervention agency shall, that same day, that same day, to the intervention agency of the inform the Commission thereof in accordance impossibility of taking over the lot in question and shall inform the Commission thereof, that with Annex III, as well as the storer and the successful tenderer ; same day, in accordance with Annex IV. Once these formalities have been completed, he shall be immediately released from all his obliga­ (ii) the successful tenderer may : tions relating to the lot in question, including the securities. — either agree to take over the lot with its characteristics as established, 2. All risks and storage costs shall be borne by the 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 0 OJ No L 74, 20. 3 . 1992, p. 18 .' and the Commission thereof in accordance with Annex IV. Once these formalities have been Article 4 completed, he shall be immediately released from all his obligations relating to Annex I to Regulation (EC) No 1077/94 is replaced by the lot in question, including the securities. the Annex hereto.

Article5¶

The following Annex IV is hereby added to Regulation (EC) No 1077/94 :

'ANNEX IV

Communication of refusal of lots under the standing invitation to tender for the export of 1 400 000 tonnes of bread-making wheat held by the French intervention agency

Article5¶

— 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'

No L 240/ 12 Official Journal of the European Communities 15 . 9 . 94

Article6¶

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

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

Done at Brussels, 14 September 1994.

For the Commission Rene STEICHEN Member of the Commission

ANNEX

ANNEX I

(tonnes)

Place of storage Quantity

Amiens 300 000 Bordeaux 3 000 Chalons-sur-Marne 75 000 Lille 320 000 Nancy 20 000 Nantes 57 000 Paris 1 5 000 Poitiers 34 000 Rennes 58 000 Rouen 395 000 Gand 103 000'