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            COMMISSION REGULATION (EC) No 1364/2004

of 22 July 2004         

laying down transitional measures for the sale of a maximum quantity of 54 000 tonnes of wheat and 40 000 tonnes of maize from the national security stocks held by Hungary

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular the first subparagraph of Article 41 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down transitional rules for the sale of a maximum quantity of 54 000 tonnes of wheat and 40 000 tonnes of maize from the national security stocks held by the Hungarian authorities on 1 May 2004 and any subsequent restocking operations.

Article 2

The agency responsible for managing the Hungarian security stocks, details of which are set out in the Annex hereto, shall sell the quantity referred to in Article 1 on the Community market by standing invitation to tender until 30 October 2004.

For the purposes of this Regulation, selling by tender means offering for sale by inviting tenders, the contract being awarded to the person tendering the best price and observing the requirements of this Regulation.

Article 3

The agency referred to in the first paragraph of Article 2 shall publish a notice of invitation to tender at least three days before the closing date of the first period for submission of tenders.

The invitation shall indicate in particular:

The closing date for submission of tenders for the first partial tendering procedure shall be the fifth working day after the publication of this Regulation in the Official Journal of the European Union.

Article 4

Successful tenders must quote a price at least equal to the price recorded for an equivalent quality and for a representative quantity on the market at the place of storage or, failing that, on the nearest market, account being taken of transport costs. It may not be less than EUR 108,76 per tonne.

Article 5

The agency referred to in the first paragraph of Article 2 shall take all measures necessary to enable interested parties to assess the quality of cereals put up for sale before submitting their tenders.

Article 6

The agency referred to in the first paragraph of Article 2 shall immediately inform all tenderers of the outcome of their participation in the tendering procedure. They shall forward statements of award of contract to the successful tenderers within three working days of the said notification, by registered letter or written telecommunication.

Article 7

The agency referred to in the first paragraph of Article 2 shall notify the Commission of the quantity and average prices of the various lots sold no later than Tuesday of the week following the closing date for the submission of tenders.

Article 8

The arrangements for restocking the wheat and maize stock referred to in this Regulation shall be approved by the Commission before they are implemented, to ensure that the Community market in cereals is not disturbed.

Article 9

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

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

Done at Brussels, 22 July 2004.

For the Commission

Franz FISCHLER            

Member of the Commission

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(1)OJ L 293, 11.11.2003, p. 3. Regulation as last amended by Regulation (EC) No 735/2004 (OJ L 114, 21.4.2004, p. 13).

(2)OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

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ANNEX

Agency responsible for managing the Hungarian security stocks as referred to in Article 2:

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