31994R3030

14. 12 . 94 Official Journal of the European Communities No L 321 / 19

COMMISSION REGULATION (EC) No 3030/94 of 13 December 1994 amending Regulation (EC) No 1080/94 increasing to 8 000 000 tonnes the quantity of rye held by the German 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 1080/94 is replaced by the following : Whereas Commission Regulation (EEC) No 2131 /93 (3), as amended by Regulation (EC) No 1 20/94 (4), lays down 'Article 1 the procedure and conditions for the disposal of cereals The German 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 Whereas Commission Regulation (EC) No 1080/94 (*), as rye held by it.' last amended by Regulation (EC) No 2981 /94 (6), opened a standing invitation to tender for the export of 500 000 tonnes of rye held by the German intervention agency ; Article 2 whereas, in the communication of 8 December 1994, Germany informed the Commission of the intention of Article 2 of Regulation (EC) No 1080/94 is replaced by its intervention agency to increase by 300 000 tonnes the the following : quantity for which a standing invitation to tender for Article 2 export has been opened ; whereas the total quantity of rye held by the German intervention agency for which a 1 . The invitation to tender shall cover a maximum standing invitation to tender for export has been opened of 800 000 tonnes of rye to be exported to all third should be increased to 800 000 tonnes ; countries .

Whereas this increase in the quantity put out to tender 2. The regions in which the 800 000 tonnes of rye makes it necessary to alter the list of regions and quant­ are stored are stated in Annex I to this Regulation.' ities in store ; whereas Annex I to Regulation (EC) No 1080/94 must therefore be amended ; Article 3 Whereas special rules must be laid down to ensure that The following Article 5 is inserted : the operations are properly carried out and monitored ; Article 5 Whereas to that end the Member States must provide for 1 . Before the lot awarded is removed, the interven­ all additional measures compatible with the provisions in tion agency and the successful tenderer shall take a force to ensure that the operation takes place smoothly reference sample in accordance with the method laid and that the Commission is kept informed ; down in Commission Regulation (EEC) No 689/92 (*) 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 rye to be removed and the quality as described in the notice of invitation to tender, which never­ (') OJ No L 181 , 1 . 7. 1992, p. 21 . theless remains within a limit of up to : O OJ No L 197, 30 . 7. 1994, p . 1 . (3) OJ No L 191 , 31 . 7. 1993 , p. 76. — 2 kg/hi for the specific weight, which must not (4) OJ No L 21 , 26. 1 . 1994, p. 1 . however be less than 68 kg/hi, 0 OJ No L 120, 11 . 5. 1994, p. 18 . (6) OJ No L 315, 8 . 12. 1994, p. 4. — one percentage point for the moisture content,

No L 321 /20 Official Journal of the European Communities 14. 12. 94

— half a percentage point for the impurities The lot in question shall then be put up for referred to in points B.2 and B.4 of the Annex sale again under a future invitation to to Regulation (EEC) No 689/92, tender at the quality established.

— half a percentage point for the impurities (b) Where the final results of the analysis of the referred to in point B.5 of the Annex to Regu­ sample indicate that the quality is below the limits lation (EEC) No 689/92, the percentages laid down in (a) : admissible for noxious grains and ergot however remaining unchanged, — the intervention agency shall, that same day, inform the Commission thereof in accordance with Annex III, as well as the storer and the the following provisions shall apply : successful tenderer,

— the successful tenderer shall give official notice, (i) the intervention agency shall, that same day, inform the Commission thereof in accordance that same day, to the intervention agency of the with Annex III, as well as the storer and the impossibility of taking over the lot in question and shall inform the Commission thereof, that successful tenderer ; same day, in accordance with Annex IV. Once these formalities have been completed, he shall (ii) the successful tenderer may : be immediately released from all his obliga­ 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 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. Article 4 Once these formalities have been completed, he shall be immediately released from all his obligations relating to Annex I to Regulation (EC) No 1080/94 is replaced by the lot in question, including the securities. the Annex hereto.

Article 5 The following Annex IV is hereby added to Regulation (EC) No 1080/94 :

!ANNEX IV

Communication of refusal of lots under the standing invitation to tender for the export of 800 000 tonnes of rye held by the German 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 basic cereal of unim­ paired quality — Other'

14 . 12 . 94 Official Journal of the European Communities No L 321 /21

Article 6 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, 13 December 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 596 743 Hessen/Rheinland-Pfalz/ Baden-Wurttemberg/Saarland/Bayern 35 612 Berlin/Brandenburg/ Mecklenburg-Vorpommern 149 022 Sachsen/Sachsen-Anhalt/Thuringen 1 8 598'