1993R2131 — EN — 01.05.2004 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No2131/93
of28July1993
layingdowntheprocedureandconditionsforthesaleofcereals heldbyinterventionagencies
(OJ L 191, 31.7.1993, p. 76)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 120/94 of 25 January 1994 L 21 1 26.1.1994
►M2Commission Regulation (EC) No 2193/96 of 15 November 1996 L 293 1 16.11.1996
►M3Commission Regulation (EC) No 39/1999 of 8 January 1999 L 5 64 9.1.1999
►M4Commission Regulation (EC) No 1630/2000 of 25 July 2000 L 187 24 26.7.2000
►M5Commission Regulation (EC) No 777/2004 of 26 April 2004 L 123 50 27.4.2004
Corrected by:
►C1Corrigendum, OJ L 14, 20.1.1995, p. 14 (2131/93)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EEC)No2131/93
of28July1993
laying down the procedure and conditions for the sale of cereals
heldbyintervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June
1992 on the common organization of the market in cereals(
1), and in
particular Article 5 thereof,
Whereascerealsmay be bought in by intervention agencieseither
under compulsory intervention measures as provided for in Article 4
of Regulation (EEC) No 1766/92 or under special intervention
measures as referred to in Article 6 of that Regulation;
Whereas cereals held by the intervention agencies must be sold without
any discrimination between Community purchasers; whereas in prin-ciple invitationsto tender permit that objective to be achieved;whereas, however, in certain cases it must be possible to use other
methodsof s ale;
Whereas, to ensure that all interested parties in the Community are
treated equally, notices of invitation to tender must be published intheOfficial Journal of the European Communities and a reasonable
time must elapse between the date of such publication and the first
closing date for the submission of tenders; whereas, however, such
publicity is necessary for quantities of less than 2 000 tonnes;
Whereas sale on the internal market must take place at prices which do
not disturb the market; whereas that aim can be achieved if the sellingprice isequal to the local market price, account being taken of thequality put up for sale by tender, without being below a given level in
relation to the intervention price; whereas in certain cases observing
such a price level may not be in the interests of sound management ofthe market or of the intervention arrangements and may result in distur-bance in the way the market organization functions; whereas provisionshould therefore be made for the possibility of disposing of interven-
tion stocks and special prices in such cases;
Whereas, in addition, the purchase on the market of cereals particularly
suited to certain uses may be especially difficult; whereas provisionshould therefore be made for the possibility of facilitating the supplyof that market from intervention stocks; whereas, however, that possi-bility must be restricted to exceptional cases;
Whereas the sale of cereals for export must take place at prices to be
determined in each case in the light of market trends and requirements;whereas such sales must not however, lead to distortions to the detri-ment of exportsfrom the open market; whereasa minimum s ellingprice should therefore be fixed by the Commission on the basis oftenderss ubmitted;
Whereas the minimum selling price is to be established by the
Commission in the light of all the relevant data available on the dayon which tenders are submitted; whereas, in order to prevent specula-tion and ensure identical conditions for all concerned in the invitationto tender, tendersmus t be accompanied by an application for advance
fixing of the export refund;
Whereastendersfor different lotsare comparable one with another
only where they relate to cereals in identical situations; whereas cerealsput up for tender are stored in different places; whereas comparabilitymay be better ensured by reimbursing to the successful tenderer thelowest costs of transport from the place where the cereals in question1993R2131 — EN — 01.05.2004 — 005.001 — 2
(1) OJ No L 181, 1. 7. 1992, p. 21.
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are stored and the place of exit; whereas, however, for budgetary
reasons, such reimbursement can only be made in respect of the placeof exit which can be reached at the lowest cost; whereas that place
must be determined by reference to its facilities for exporting cereals;
Whereasinvitationsto tender can take place properly only if thos e
concerned submit genuine tenders; whereas that objective can beachieved by requiring that a security be paid, to be released onpayment of the selling price within the time limit laid down;
Whereas, in the case of invitations to tender for export, steps must be
taken to ensure that the cereals are not put back on the Communitymarket; whereas that risk exists if the selling price is less than the
minimum price to be observed in the case of resale on the internal
market; whereas provision should accordingly be made in such casesfor the lodging of a second security, which must be equal to the differ-ence between the selling price and that minimum price; whereas, as aconsequence, that security can be released only if the successful
tenderer intending to export the cerealsprovidesthe proof referred to
in Article 18 of Commission Regulation (EEC) No 3665/87 of 27November 1987 laying down common detailed rulesfor the applicationof the system of export refunds on agricultural products (
1), aslas t
amended by Regulation (EEC) No 1708/93 (2);
Whereas, in order to ensure that intervention stocks are disposed of
rapidly and as far as possible in line with commercial practice, a
certain time limit should be laid down in respect of the rights and obli-
gationsderiving from the award;
Whereas Commission Regulation (EEC) No 1836/82 of 7 July 1982
laying down the procedure and conditions for the disposal of cerealsheld by intervention agencies(
3), aslas t amended by Regulation
(EEC) No 966/93 (4), has been amended on numerous occasions;
whereas, for the sake of clarity, it should be replaced;
Whereas it is necessary for all sales effected during the 1993/94
marketing year to be treated in the same manner;
Whereasthe meas uresprovided for in thisRegulation are in accor-
dance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. Cerealsbought in by the intervention agenciesin accordance with
Article 4 of Regulation (EEC) No 1766/92 shall be put up for sale by
invitation to tender or, in the case of resale on the Community market,by public auction.
2. For the purposes of this Regulation, ‘invitation to tender’ means
competition between interested parties in response to a call for tenders,the contract being awarded to the person submitting the most favour-
able bid in accordance with thisRegulation.
TITLE I
SaleontheCommunitymarket
Article 2
1. Decisions issuing invitations to tender shall be taken in accor-
dance with the procedure laid down in Article 23 of Regulation (EEC)No 1766/92. Such decisions shall lay down in particular:
(a) the quantitiesto be put up for tender;1993R2131 — EN — 01.05.2004 — 005.001 — 3
(1) OJ No L 351, 14. 12. 1987, p. 1.
(2) OJ No L 159, 1. 7. 1993, p. 77.
(3) OJ No L 202, 9. 7. 1982, p. 23.
(4) OJ No L 98, 24. 4. 1993, p. 25.
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(b) the closing date for the submission of tenders in the case of
specific invitations to tender and the first and final closing datesfor the submission of tenders in the case of standing invitations to
tender.
The decisions referred to in the first subparagraph shall be brought to
the notice of all interested parties by their publication in the Official
Journal of the European Communities .
A period of at least eight days must elapse between the date of such
publication and the first closing date for the submission of tenders.
2. Paragraph 1 shall not apply to invitations to tender covering quan-
tities of less than 2 000 tonnes.
Article 3
1. The intervention agenciess hall draw up noticesof invitationsto
tender in accordance with Article 12 and shall publicize them, in parti-
cular by displaying them at their head offices. In the case of standing
invitations to tender, they shall specify therein the closing dates for thesubmission of tenders for each partial invitation to tender.
2. Notices of invitation to tender shall specify the minimum quanti-
tieswhich tendersmus t cover.
Article 4
Invitationsto tender asprovided for in Article 2 may be res tricted to
specified uses and/or destinations.
Article 5
1. For resale other than as referred to in paragraph 3, successful
tenders must quote a price at least equal to the price recorded for anequivalent 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. Bids may in no circumstances be lowerthan the intervention price applicable on the closing date for thesubmission of tenders.
2. For the purposes of paragraph 1, the intervention prices to be
taken into account during the 12th month of the marketing year shall
be those applicable for the 11th month, plus one monthly increase.
3. In the case of resale of maize and grain sorghum during the first
three monthsof the marketing year and of common wheat, durumwheat, rye and barley during the first two months on the marketingyear, successful tenders must quote a price at least equal to the inter-
vention price applicable for the 11th month of the preceding marketing
year, plusone monthly increas e fixed for that year.
4. If, during a marketing year, the operation of the market organiza-
tion is disturbed on account in particular of difficulty in selling cerealsat priceswhich comply with paragraph 1, s pecial price conditionsmaybe laid down in accordance with the procedure provided for in Article
23 of Regulation (EEC) No 1766/92.
Article 6
In the second month following that of the closure of the invitation to
tender, the Member States concerned shall inform the Commission ofthe outcome of the tendering procedure, indicating in particular theaverage selling prices of the various lots and the quantities sold.1993R2131 — EN — 01.05.2004 — 005.001 — 4
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TITLE II
Saleforexport
Article 7
1. Decisions issuing invitations to tender shall be taken in accor-
dance with the procedure laid down in Article 23 of Regulation (EEC)No 1766/92. Such decisions shall lay down in particular:
(a) the quantitiesto be put up for tender;
(b) the regionswhere the quantitiesare s tored;
(c) the closing date for the submission of tenders in the case of
specific invitations to tender and the first and final closing date
for the submission of tenders in the case of standing invitations to
tender.
The decisions referred to in the first subparagraph shall be brought to
the notice of all interested parties by their republication in the Official
Journal of the European Communities .
A period of at least eight days must elapse between the date of such
publication and the first closing date for the submission of tenders.
2. In the noticesof invitation to tender provided for in Article 12,
the intervention agencies shall specify for each lot the port or place ofexit which may be reached at the lowest transport costs and which hasadequate technical facilitiesfor exporting the cerealsput up for tender.
The lowest transport costs between the place of storage and the place
of loading at the port or place of exit referred to in the first subpara-
graph shall be reimbursed to the successful tenderer by the interventionagency in respect of the quantities exported. In particular cases a deci-sion may be taken in accordance with the procedure referred to inparagraph 1 for carriage to be undertaken by the intervention agency
under the same conditions.
2a. However, where Member States have no sea ports, provision
may be made to derogate from the preceding paragraph and to provide,in the case of export from a sea port, for the financing of the lowest
transport costs between the place of storage and the actual place of
exit, within the maximum amountsindicated in the call for tenders .►
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3. In the case of standing invitations to tender, the invervention
agency shall set the closing dates for the submission of tenders for
each partial invitation to tender.
Article 8
1. Tenders:
(a) may be rejected if they relate to lots of less than 500 tonnes;
(b) may stipulate that they are valid only for specified quantities;
(c) shall be considered as relating to a cereal delivered to, but not
unloaded at, the portsor placesof exis t referred to in Article 7 (2).
2. Without prejudice to Article 13 (2), tenderss hall be valid only if
they are accompanied by an application for an export licence together
with an application for advance fixing of the export refund or levy forthe relevant destination. All countries for which the same rate of exportrefund or levy applies shall be considered as one destination.
Article 9
Notwithstanding Article 21 (1) of Commission Regulation (EEC) No
3719/88 (
1), export licences issued pursuant to this Regulation shall be1993R2131 — EN — 01.05.2004 — 005.001 — 5
(1) OJ No L 331, 2. 12. 1988, p. 1.▼M3
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considered, for the purposes of determining their term of validity, as
having been issued on the closing date for the submission of tenders.
Article 10
When each period for the submission of tenders has expired, the
Member State concerned shall forward to the Commission a list of thetenders, without names, in each case showing in particular the quantity,the price and the price increases and reductions applying thereto. Inaccordance with the procedure laid down in Article 23 of Regulation(EEC) No 1766/92, the Commission shall fix the minimum selling
price or shall decide to take no action in respect of the tenders
received.
The minimum price shall be fixed at a level which does not prejudice
other export operations.
Article 11
Where the export licence application submitted by the successful
tenderer pursuant to Article 8 (2) is based on Article 44 of Regulation(EEC) No 3719/88, the intervention agency shall cancel the contract inrespect of the quantities for which the licence is not issued in accor-
dance with that Article.
TITLE III
General andfinalprovisions
Article 12
At least eight days before the first closing date for the submission of
tenders, the intervention agencies shall publish a notice of invitationto tender setting out:
— supplementary terms and conditions of sale compatible with this
Regulation,
— the main physical and technical characteristics of the various lots
ascertained at the time of buying in by the intervention agency orduring checksconducted thereafter,
— the places of storage and the names and addresses of the storers.
The notice and any amendmentsthereto s hall be forwarded to the
Commission before the first closing date for the submission of tenders.
Article 13
1. In the case of sales on the Community market, tenders shall be
drawn up by reference to a cereal quality which doesnot give ris e toany price adjustment in the case of a tender for intervention.
Where the quality of the cereal differsfrom the quality referred to in
the first subparagraph, the successful tender price shall be adjusted byapplying the price increases or reductions determined pursuant to Arti-cles4 and 5 of Regulation (EEC) No 1766/92.
2. In the case of sales for export, tenders shall be drawn up by refer-
ence to the actual quality of the lot to which the tender relates.
3. In the case of sales for export, provision may be made for tenders
submitted pursuant to Article 44 of Regulation (EEC) No 3719/88 notto be admissible.
4. Once submitted, tenders may not be amended or withdrawn.
Tenderss hall be valid only if they are accompanied by proof that the
tenderer haslodged a s ecurity of:
— ECU 5 per tonne in the case of a sale for export,1993R2131 — EN — 01.05.2004 — 005.001 — 6
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— ECU 5 to 10 per tonne, to be fixed by Member State concerned, in
the case of a sale on the Community market.
Article 14
Intervention agencies shall take all measures necessary to enable inter-
ested parties to assess the quality of cereals put up for sale beforesubmitting their tenders.
Article 15
Intervention agenciess hall immediately inform all tenderersof the
outcome of their tender. They shall forward statements of award ofcontract to the successful tenderers within three working days of thesaid notification, by registered letter or written telecommunication.
Article 16
Successful tenderers shall pay for the cereals before they are removed
and at the latest within one month of the date on which the statementreferred to in Article 15 was forwarded. They shall bear all risks andstorage costs in respect of cereals not removed within the periodallowed for payment.
Cerealscovered by contractsawarded and not removed within the
period allowed for payment shall be deemed to all effects to have
been removed on expiry of that term. In that case, where sales on theinternal market are concerned, the price tendered shall be adjusted byreference to the quality characteristics described in the notice of invita-tion to tender.
In the case of sales for export, the price to be paid shall be that quoted
in the tender, plusa monthly increas e where removal takesplace in themonth following that of award of the contract.
Where the successful tenderer has not paid for the cereals within the
period laid down in the first paragraph, the contract shall be cancelled
by the intervention agency in respect of the quantities not paid for.
Article 17
1. The securities referred to in this Regulation shall be lodged in
accordance with Title II of Commission Regulation (EEC) No 2220/85 (
1).
2. The security provided for in Article 13 (4) shall be released
where it coversquantitiesfor which:
— no contract hasbeen awarded,
— the selling price has been paid within the period laid down, and in
the case of sales for export and where the price paid is less than the
minimum price for resale on the Community market, in accordancewith Article 5 (1), (2) and (3), a security covering the differencebetween those two prices has been lodged.
3. The security provided for in the second indent of paragraph 2
shall be released where it covers quantities in respect of which:
— proof hasbeen furnis hed that the goodshave become unfit for
human or animal consumption,
— the proof referred to in Article 18 of Regulation (EEC) No 3665/87
has been provided. However, the security shall be released wherethe operator providesproof that a quantity of at leas t 1 500 tonnes
of cerealsproductshasleft the cus tomsterritory of the Community
on a vessel suitable for sea transport. Such proof shall be providedby the following indication, certified by the competent authority, onthe control copy referred to in Article 6 of Regulation (EEC) No3665/87, on the single administrative document or on the national1993R2131 — EN — 01.05.2004 — 005.001 — 7
(1) OJ No L 205, 3. 8. 1985, p. 5.▼M1
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document proving that the goodshave left the cus tomsterritory of
the Community:
— Exportación de cerealespor vía marítima; artículo 17 del Regla-
mento (CEE) no2131/93
— Vývoz obilovin po mo ři—čl. 17 na řízení (EHS) č. 2131/93
— Eksport af korn ad søvejen — Artikel 17 i forordning (EØF) nr.
2131/93
— Getreideausfuhr auf dem Seeweg — Verordnung (EWG) Nr.
2131/93 Artikel 17
— Teravilja eksport meritsi — määruse (EMÜ) nr 2131/93 artikkel
17
—Εξαγωγή σιτηρών διά θαλάσσης —Άρθρο 17 του κανο-
νισµού (ΕΟΚ) αριθ.2131 /93
— Export of cerealsby s ea — Article 17 of Regulation (EEC) No
2131/93
— Exportation de céréalespar voie maritime — Règlement (CEE)
no2131/93, article 17
— Gabonafélék exportja tengeri úton – 2131/93/EGK rendelet 17.
cikk
— Esportazione di cereali per via marittima — articolo 17 del
regolamento (CEE) n. 2131/93
—G r ūdųeksportas j ūra — reglamento (EEB) Nr. 2131/93 17
straipsnis
— Graudu izvešana pa j ūrasce ļiem — regulas(EEK) Nr. 2131/93
17. pants
— Esportazzjoni ta' ċereali bil-ba ħar — Artikolu 17 tar-Regola-
ment (KEE) Nru 2131/93
— Uitvoer van graan over zee — Artikel 17 van Verordening
(EEG) nr. 2131/93
— Wywóz zbó żdrogąmorsk ą— Art. 17 rozporz ądzenia (EWG) nr
2131/93
— Exportação de cereaispor via marítima — artigo 17.odo Regu-
lamento (CEE) n.o2131/93
— Vývoz obilnín po mori — článok 17 nariadenia (EHS) č. 2131/
93
— Izvoz žit spomors kim prometom - člen 17 Uredbe (EGS) št.
2131/93
— Viljan vienti meriteitse — Asetus (ETY) N:o 2131/93 17 artikla— Export av spannmål genom sjötransport – Artikel 17 i
förordning (EEG) nr 2131/93,
— the licence has not been issued in accordance with Article 44 of
Regulation (EEC) No 3719/88,
— the contract hasbeen cancelled in accordance with the fourth para-
graph of Article 16.
4. The security provided for in Article 13 (4) shall be forfeited in
respect of quantities for which:
— the security referred to in the second subparagraph of Article 44 (6)
of Regulation (EEC) No 3719/88 hasbeen forfeited,
— except in cases of force majeure , payment hasnot been made
within the period laid down in Article 16.
5. Except in cases of force majeure , the security provided for in the
second indent of paragraph 2 shall be forfeited in respect of quantitiesfor which the proof referred to in the second indent of paragraph 3 hasbeen provided within the period laid down in Article 47 of Regulation(EEC) No 3665/87.1993R2131 — EN — 01.05.2004 — 005.001 — 8
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Article 17a
Notwithstanding Article 18 of Regulation (EEC) No 3665/87 and
where:
— the refund applicable on the day of submission of tenders for Swit-
zerland or Liechtenstein is different from that for other third
countries,
— the successful tenderer has fixed in advance the lowest standard
refund other than that applying to Switzerland or Liechtenstein;
proof of completion of customs formalities for release for consumption
shall not be required for payment of the refund provided the operatorfurnishes proof that at least 1 500 tonnes of cereal products has leftthe customs territory of the Community on a sea-going vessel.
Such proof shall be furnished by the following endorsement, certified
by the competent authority, on the control copy referred to in Article
6 of Regulation (EEC) No 3665/87, the single administrative documentor the national document proving that the goodshave left the cus tomsterritory of the Community:
— Exportación de cerealespor vía marítima; artículo 17 bisdel Regla-
mento (CEE) n
o2131/93
— Vývoz obilovin po mo ři—čl. 17a na řízení (EHS) č. 2131/93
— Eksport af korn ad søvejen — Artikel 17a i forordning (EØF) nr.
2131/93
— Ausfuhr von Getreide auf dem Seeweg — Verordnung (EWG) Nr.
2131/93 Artikel 17a
— Teravilja eksport meritsi — määruse (EMÜ) nr 2131/93 artikkel
17a
—Η εξαγωγή των σιτηρών διά θαλασσίας oδoύ—Κανoνισµός
(ΕΟΚ) αριθ.2131 /93άρθρo1 7 α
— Export of cerealsby s ea — Article 17a of Regulation (EEC) No
2131/93
— Exportation de céréalespar voie maritime — Règlement (CEE) no
2131/93, article 17 bis
— Gabonafélék exportja tengeri úton – 2131/93/EGK rendelet 17a.
cikk
— Esportazione di cereali per via marittima — Regolamento (CEE) n.
2131/93, articolo 17 bis
—G r ūdųeksportas j ūra — reglamento (EEB) Nr. 2131/93 17a
straipsnis
— Graudu izvešana pa j ūrasce ļiem — regulas(EEK) Nr. 2131/93 17.a
pants
— Esportazzjoni ta' ċereali bil-ba ħar — Artikolu 17a tar-Regolament
(KEE) Nru 2131/93
— Uitvoer van graan over zee — Verordening (EEG) nr. 2131/93,
artikel 17 bis
— Wywóz zbó żdrogąmorsk ą— Art. 17a rozporz ądzenia (EWG) nr
2131/93
— Exportação de cereaispor via marítima — Artigo 17.oA, Regula-
mento (CEE) n.o2131/93
— Vývoz obilnín po mori — článok 17a nariadenia (EHS) č. 2131/93
— Izvoz žit spomors kim prometom - člen 17a Uredbe (EGS) št. 2131/
93
— Viljan vienti meriteitse — Asetus (ETY) N:o 2131/93 17a artikla— Export av spanmål sjövägen – Artikel 17a i förordning (EEG) nr
2131/93.
Article 18
Regulation (EEC) No 1836/82 isrepealed.
References to that Regulation shall be construed as references to this
Regulation.1993R2131 — EN — 01.05.2004 — 005.001 — 9
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Article 19
ThisRegulation s hall enter into force on the day of itspublication in
theOfficial Journal of the European Communities .
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1993R2131 — EN — 01.05.2004 — 005.001 — 10