31994R2734

No L 289/6 Official Journal of the European Communities 10 . 11 . 94

COMMISSION REGULATION (EC) No 2734/94 of 9 November 1994 amending Regulations (EC) No 953/94, (EC) No 2162/94 and (EC) No 2477/94 opening standing invitations to tender for the export of barley held by the intervention agencies concerned

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, in view of current sampling techniques, the method in Commission Regulation (EEC) No 689/92 (10), as last amended by Regulation (EC) No 2204/94 ("), while Having regard to the Treaty establishing the European still usable at the point when the cereals are delivered to Community, intervention, is not appropriate at the point when they are removed ; whereas reference should therefore no longer be made to it ; Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the Whereas the measures provided for in this Regulation are market in cereals ('), as last amended by Commission in accordance with the opinion of the Management Regulation (EC) No 1866/94 (2), and in particular Article 5 Committee for Cereals, thereof,

Whereas Commission Regulation (EEC) No 2131 /93 (3), as amended by Regulation (EC) No 120/94 (4), lays down HAS ADOPTED THIS REGULATION : the procedure and conditions for the disposal of cereals held by intervention agencies ;

Whereas special rules must be laid down to ensure that Article 1 the operations are properly carried out and monitored ; The first subparagraph of Article 5 (1 ) of Regulation (EC) No 953/94 and of Article 6 (1 ) of Regulations (EC) No Whereas to that end the Member States must provide for 2162/94 and (EC) No 2477/94 is hereby replaced by the all additional measures compatible with the provisions in following : force to ensure that the operation takes place smoothly and that the Commission is kept informed ; ' 1 . Before the lot awarded is removed, the interven­ tion agency and the successful tenderer shall take samples in each other's presence and analyse them. At Whereas the monitoring arrangements should accordingly the request of the successful tenderer submitted to the be supplemented by the possibility of a sample being intervention agency, the sampling and analysis shall taken in the presence of both parties ; be performed within three working days.'

Whereas important export transactions have been concluded ; whereas the barley must be delivered within a Article 2 very short period ; whereas analyses must therefore be performed with the least possible delay while still obser­ ving the technical constraints ; whereas Article 5 of Article 1 of this Regulation shall also apply to lots Commission Regulation (EC) No 953/94 {% as last awarded previously under the invitations to tender opened amended by Regulation (EC) No 2583/94 (6), and Article 6 by Regulations (EC) No 953/94, (EC) No 2162/94 and of Commission Regulations (EC) No 2162/94 Q, as last (EC) No 2477/94. amended by Regulation (EC) No 2287/94 (8), and (EC) No 2477/94 (9) should therefore be supplemented accord­ ingly ; Article 3 (') OJ No L 181 , 1 . 7. 1992, p. 21 . (2) OJ No L 197, 30. 7. 1994, p. 1 . (3) OJ No L 191 , 31 . 7. 1993, p. 76. This Regulation shall enter into force on the day of its 0 OJ No L 21 , 26. 1 . 1994, p. 1 . publication in the Official Journal of the European 0 OJ No L 108 , 29 . 4. 1994, p. 4. Communities. (<) OJ No L 273 , 25. 10. 1994, p. 16. 0 OJ No L 230, 3 . 9 . 1994, p. 3 . (8) OJ No L 248 , 23 . 9 . 1994, p. 11 . H OJ No L 74, 20 . 3. 1992, p . 18 . (9) OJ No L 264, 14. 10 . 1994, p. 11 . (»') OJ No L 236, 10 . 9 . 1994, p. 13.

10 . 11 . 94 No L 289/7 Official Journal of the European Communities

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

Done at Brussels, 9 November 1994.

For the Commission Rene STEICHEN Member of the Commission