31994R2477
14. 10 . 94 No L 264/ 11 Official Journal of the European Communities
COMMISSION REGULATION (EC) No 2477/94 of 13 October 1994 opening a standing invitation to tender for the export of 300 000 tonnes of barley held by the French 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 Community, stored are stated in Annex I to this Regulation.
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 (3), Tenders submitted in response to this invitation to tender as amended by Regulation (EC) No 120/94 (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 (*).
Whereas 300 000 tonnes of barley, held by the French Article 4 intervention agency, should be put up for sale for export ;
1 . 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 20 October 1994 at 9 a.m. (Brussels time). Whereas to that end the Member States must provide for all additional measures compatible with the provisions in 2. The time limit for submission of tenders under the force to ensure that the operation takes place smoothly subsequent partial invitations to tender shall expire each and that the Commission is kept informed ; Thursday at 9 a.m. (Brussels time).
Whereas the monitoring arrangements should accordingly 3. The last partial invitation to tender shall expire on be supplemented by the possibility of a sample being 22 December 1994 at 9 a.m. (Brussels time). taken in the presence of both parties ; 4. The tenders shall be lodged with the French inter vention agency. Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, Article 5
The French 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 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 French intervention agency may, on the conditions laid down in Regulation (EEC) No 2131 /93, open a 1 . Before the lot awarded is removed, the intervention standing invitation to tender for the export of 300 000 agency and the successful tenderer shall take a reference 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 . 0 OJ No L 197, 30. 7. 1994, p. 1 . 0 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 . 6) OJ No L 74, 20. 3. 1992, p. 18 .
No L 264/ 12 14. 10 . 94 Official Journal of the European Communities
(a) Where the final results of the analysis of the sample Once these formalities have been completed, indicate a difference between the quality of the barley he shall be immediately released from all his to be removed and the quality as described in the obligations relating to the lot in question, notice of invitation to tender, which nevertheless including the securities. remains within a limit of up to : The lot in question shall then be put up for sale again under a future invitation to tender at — 2 kg/hi for the specific weight, which must not the quality established. however be less than 60 kg/hi, (b) Where the final results of the analysis of the sample — one percentage point for the moisture content, indicate that the quality is below the limits laid down — half a pourcentage point for the impurities in (a) above : 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 — the successful tenderer shall give official notice, grains however remaining unchanged, the fol that same day, to the intervention agency of the lowing provisions shall apply : impossibility of taking over the lot in question and shall inform the Commission thereof, that same (i) the intervention agency shall, that same day, inform the Commission thereof in accordance day, in accordance with Annex IV. Once these with Annex III, as well as the storer and the formalities have been completed, he shall be successful tenderer ; immediately released from all his obligations re lating to the lot in question, including the securi ties. (ii) the successful tenderer may : 2. All risks shall be borne by the successful tenderer — either agree to take over the lot with its charac from the time of removal . teristics as established, — or refuse to take over the lot in question. In Article 7 that case the successful tenderer shall, that same day, inform the intervention agency and This Regulation shall enter into force on the day of its the Commission thereof in accordance with publication in the Official Journal of the European Annex IV. Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 October 1994.
For the Commission Rene STEICHEN Member of the Commission
14 . 10 . 94 No L 264/ 13 Official Journal of the European Communities
ANNEX I
(tonnes)
Place of storage Quantity
Amiens 45 000 Châlons-sur-Marne 61 000 Dijon 12 000 Lille 13 000 Nancy 34 000 Orleans 50 000 Paris 22 000 Poitiers 8 000 Rouen 55 000
ANNEX II
Standing invitation to tender for the export of 300 000 tonnes of barley held by the French 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) (-) C) (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 264/ 14 14 . 10 . 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 French intervention agency
Article 6 of Regulation (EC) No 2477/94
— 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