31994R2463

13 . 10 . 94 Official Journal of the European Communities No L 263/5

COMMISSION REGULATION (EC) No 2463/94 of 12 October 1994 amending Regulation (EC) No 953/94 increasing to 1 400 000 tonnes the quantity of barley held by the German intervention agency for which a standing invitation to tender for export has been opened

THE COMMISSION OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the European Community, Article 1

Having regard to Council Regulation (EEC) No 1766/92 Article 1 of Regulation (EC) No 953/94 is replaced by the of 30 June 1992 on the common organization of the following : market in cereals (*), as last amended by Commission Regulation (EC) No 1866/94 (2), and in particular Article 5 Article 1 thereof, The German intervention agency may, on the condi­ tions laid down in Regulation (EEC) No 2131 /93, Having regard to Commission Regulation (EEC) No open a standing invitation to tender for the export of 2131 /93 of 28 July 1993 laying down the procedure and 1 400 000 tonnes of barley held by it.' conditions for the disposal of cereals held by the interven­ tion agencies (3), as amended by Commission Regulation (EC) No 120/94 (4), Article 2 Whereas Commission Regulation (EC) No 953/94 0, as last amended by Regulation (EC) No 1821 /94 (®), opened a Article 2 of Regulation (EC) No 953/94 is replaced by the standing invitation to tender for the export of 1 400 000 following : tonnes of barley held by the German intervention Article 2 agency ; whereas, in a communication of 6 October 1994, Germany informed the Commission of the intention of 1 . The invitation to tender shall cover a maximum its intervention agency to increase by 300 000 tonnes the of 1 400 000 tonnes of barley to be exported to all quantity for which a standing invitation to tender for third countries . export has been opened ; whereas the total quantity of barley held by the German intervention agency for which 2. The regions in which the 1 400 000 tonnes of a standing invitation to tender for export has been opened barley are stored are stated in Annex I to this Regula­ should be increased to 1 400 000 tonnes ; tion.'

Whereas this increase in the quantity put out to tender makes it necessary to alter the list of regions and quant­ Article 3 ities in store ; whereas Annex I to Regulation (EC) No 953/94 must therefore be 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 Whereas to that end the Member States must provide for tion agency and the successful tenderer shall take a all additional measures compatible with the provisions in reference sample in accordance with the method laid force to ensure that the operation takes place smoothly down in Commission Regulation (EEC) No 689/92 (*) and that the Commission is kept informed ; and shall analyse that sample.

Whereas the monitoring arrangements should accordingly (a) Where the final results of the analysis of the be supplemented by the possibility of a sample being sample indicate a difference between the quality of taken in the presence of both parties ; the barley to be removed and the quality as described in the notice of invitation to tender, Whereas the measures provided for in this Regulation are which nevertheless remains within a limit of up to : in accordance with the opinion of the Management Committee for Cereals, — 2 kg/hi for the specific weight, which must not however be less than 60 kg/hi, (») OJ No L 181 , 1 . 7. 1992, p. 21 . (2) OJ No L 197, 30. 7. 1994, p. 1 . — one percentage point for the moisture content, ¥) OJ No L 191 , 31 . 7. 1993, p. 76. — half a percentage point for the impurities (4) OJ No L 21 , 26. 1 . 1994, p. 1 . 0 OJ No L 108, 29. 4. 1994, p. 4. referred to in points B.2 and B.4 of the Annex ¥) OJ No L 190, 26. 7. 1994, p. 10. to Regulation (EEC) No 689/92,

No L 263/6 Official Journal of the European Communities 13 . 10 . 94

— half a percentage point for the impurities the intervention agency shall, that same day, referred to in point B.5 of the Annex to Regu­ inform the Commission thereof in accordance lation (EEC) No 689/92, the percentages admis­ with Annex III, as well as the storer and the sible for noxious grains however remaining successful tenderer, unchanged, the following provisions shall apply : the successful tenderer shall give official notice, that same day, to the intervention (i) The intervention agency shall, that same day, agency of the impossibility of taking over the inform the Commission thereof in accordance lot in question and shall inform the Commis­ with Annex III, as well as the storer and the sion thereof, that same day, in accordance with successful tenderer ; Annex IV. Once these formalities have been (ii) The successful tenderer may : completed, he shall be immediately released from all his obligations relating to the lot in — either agree to take over the lot with its characteristics as established, question, including the securities.

— or refuse to take over the lot in question. In that case the successful tenderer shall, that 2. All risks shall be borne by the successful same day, inform the intervention agency tenderer from the time of removal. and the Commission thereof in accordance with Annex IV. Once these formalities have been 0 OJ No L 74, 20. 3. 1992, p. 18 .' completed, he shall be immediately released from all his obligations relating to the lot in question, including the securities, The lot in question shall then be put up for sale again under a future invitation to Article 4 tender at the quality established. (b) Where the final results of the analysis of the sample indicate that the quality is below the limits Annex I to Regulation (EC) No 953/94 is replaced by the laid down in (a) above : Annex hereto .

Article 5 The following Annex IV is hereby added to Regulation (EC) No 953/94 :

ANNEX IV

Communication of refusal of lots under the standing invitation to tender for the export of 1 400 000 tonnes of barley held by the German intervention agency

(Article 5 of Regulation (EC) No 953/94)

— 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'

Article 6 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

13 . 10 . 94 Official Journal of the European Communities No L 263 /7

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

Done at Brussels, 12 October 1994.

For the Commission Rene STEICHEN Member of the Commission

ANNEX

ANNEX I

(tonnes)

Place of storage Quantity

Schleswig-Holstein/Hamburg/ Niedersachsen/ Bremen/ Nordrhein-Westfalen 664 946 Hessen/Rheinland-Pfalz/ Baden-Württemberg/Saarland/Bayern 63 876 Berlin/Brandenburg/ Mecklenburg-Vorpommern 295 112 Sachsen/Sachsen-Anhalt/Thüringen 268 267 Belgium 44 862 Netherlands 62 938'