1993R2131 — EN — 01.07.1993 — 000.001 — 1
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►B COMMISSION REGULATION (EEC) No 2131/93
of 28 July 1993
laying down the procedure and conditions for the sale of cereals held by intervention agencies
(OJ L 191, 31.7.1993, p. 76)
Corrected by:
►C1Corrigendum, OJ L 14, 20.1.1995, p. 14 (2131/93)
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COMMISSION REGULATION (EEC) No 2131/93
of 28 July 1993
laying down the procedure and conditions for the sale of cereals
held by intervention 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 5thereof,
Whereas cereals may be bought in by intervention agencies either under
compulsory intervention measures as provided for in Article 4 of Regu-lation (EEC) No 1766/92 or under special intervention measures asreferred 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 invitations to tender permit that objective to be achieved; whereas,however, in certain cases it must be possible to use other methods ofsale;
Whereas, to ensure that all interested parties in the Community are
treated equally, notices of invitation to tender must be published in theOfficial Journal of the European Communities and a reasonable time
must elapse between the date of such publication and the first closingdate for the submission of tenders; whereas, however, such publicity isnecessary 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 is equal to the local market price, account being taken of thequality put up for sale by tender, without being below a given level inrelation to the intervention price; whereas in certain cases observingsuch 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 interventionstocks 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 supply ofthat market from intervention stocks; whereas, however, that possibilitymust 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 exports from the open market; whereas a minimum selling priceshould therefore be fixed by the Commission on the basis of tenderssubmitted;
Whereas the minimum selling price is to be established by the Commis-
sion in the light of all the relevant data available on the day on whichtenders are submitted; whereas, in order to prevent speculation andensure identical conditions for all concerned in the invitation to tender,tenders must be accompanied by an application for advance fixing ofthe export refund;
Whereas tenders for different lots are comparable one with another only
where they relate to cereals in identical situations; whereas cereals putup for tender are stored in different places; whereas comparability maybe better ensured by reimbursing to the successful tenderer the lowest
(1) OJ No L 181, 1. 7. 1992, p. 21.
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costs of transport from the place where the cereals in question are stored
and the place of exit; whereas, however, for budgetary reasons, suchreimbursement can only be made in respect of the place of exit whichcan be reached at the lowest cost; whereas that place must be deter-mined by reference to its facilities for exporting cereals;
Whereas invitations to tender can take place properly only if those
concerned submit genuine tenders; whereas that objective can beachieved by requiring that a security be paid, to be released on paymentof 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 theminimum price to be observed in the case of resale on the internalmarket; whereas provision should accordingly be made in such cases forthe lodging of a second security, which must be equal to the differencebetween the selling price and that minimum price; whereas, as a conse-quence, that security can be released only if the successful tendererintending to export the cereals provides the proof referred to in Article18 of Commission Regulation (EEC) No 3665/87 of 27 November 1987laying down common detailed rules for the application of the system ofexport refunds on agricultural products(
1), as last amended by Regula-
tion (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 certaintime limit should be laid down in respect of the rights and obligationsderiving 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), as last 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;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. Cereals bought in by the intervention agencies in accordance with
Article 4 of Regulation (EEC) No 1766/92 shall be put up for sale byinvitation 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 favourablebid in accordance with this Regulation.
TITLE I
Sale on the Community market
Article 2
1. Decisions issuing invitations to tender shall be taken in accordance
with the procedure laid down in Article 23 of Regulation (EEC) No1766/92. Such decisions shall lay down in particular:
(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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(a) the quantities to be put up for tender;
(b) the closing date for the submission of tenders in the case of specific
invitations to tender and the first and final closing dates for thesubmission 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
quantities of less than 2 000 tonnes.
Article 3
1. The intervention agencies shall draw up notices of invitations to
tender in accordance with Article 12 and shall publicize them, inparticular by displaying them at their head offices. In the case ofstanding invitations to tender, they shall specify therein the closingdates for the submission of tenders for each partial invitation to tender.
2. Notices of invitation to tender shall specify the minimum quant-
ities which tenders must cover.
Article 4
Invitations to tender as provided for in Article 2 may be restricted 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 theplace of storage or, failing that, on the nearest market, account beingtaken of transport costs. Bids may in no circumstances be lower than theintervention price applicable on the closing date for the submission oftenders.
2. For the purposes of paragraph 1, the intervention prices to be
taken into account during the 12th month of the marketing year shall bethose applicable for the 11th month, plus one monthly increase.
3. In the case of resale of maize and grain sorghum during the first
three months of 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 interven-tion price applicable for the 11th month of the preceding marketingyear, plus one monthly increase fixed for that year.
4. If, during a marketing year, the operation of the market organ-
ization is disturbed on account in particular of difficulty in sellingcereals at prices which comply with paragraph 1, special price condi-tions may be laid down in accordance with the procedure provided forin 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.
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TITLE II
Sale for export
Article 7
1. Decisions issuing invitations to tender shall be taken in accordance
with the procedure laid down in Article 23 of Regulation (EEC) No1766/92. Such decisions shall lay down in particular:
(a) the quantities to be put up for tender;
(b) the regions where the quantities are stored;
(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 thesubmission 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 notices of invitation to tender provided for in Article 12, the
intervention agencies shall specify for each lot the port or place of exitwhich may be reached at the lowest transport costs and which hasadequate technical facilities for exporting the cereals put 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 subparagraphshall be reimbursed to the successful tenderer by the interventionagency in respect of the quantities exported. In particular cases adecision may be taken in accordance with the procedure referred to inparagraph 1 for carriage to be undertaken by the intervention agencyunder the same conditions.
3. In the case of standing invitations to tender, the invervention
agency shall set the closing dates for the submission of tenders for eachpartial 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 ports or places of exist referred to in Article 7 (2).
2. Without prejudice to Article 13 (2), tenders shall be valid only if
they are accompanied by an application for an export licence togetherwith 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 be
considered, for the purposes of determining their term of validity, ashaving 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
(1) OJ No L 331, 2. 12. 1988, p. 1.
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(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 accord-ance with that Article.
TITLE III
General and final provisions
Article 12
At least eight days before the first closing date for the submission of
tenders, the intervention agencies shall publish a notice of invitation totender 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 checks conducted thereafter,
— the places of storage and the names and addresses of the storers.
The notice and any amendments thereto shall 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 the standard quality defined in Council Regu-lation (EEC) No 2731/75(
1).
Where the quality of the cereal differs from the standard quality, the
successful tender price shall be adjusted by applying the price increasesor reductions determined pursuant to Articles 4 and 5of Regulation(EEC) No 1766/92.
2. In the case of sales for export, tenders shall be drawn up by
reference 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.Tenders shall be valid only if they are accompanied by proof that the
tenderer has lodged a security of:
▼
C1
— ECU 5per tonne in the case of a sale for export,
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— ECU 5to 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.
(1) OJ No L 281, 1. 11. 1975, p. 22.
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Article 15
Intervention agencies shall immediately inform all tenderers of 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 15was forwarded. They shall bear all risks andstorage costs in respect of cereals not removed within the periodallowed for payment.
Cereals covered by contracts awarded and not removed within the
period allowed for payment shall be deemed to all effects to have beenremoved on expiry of that term. In that case, where sales on the internalmarket are concerned, the price tendered shall be adjusted by referenceto the quality characteristics described in the notice of invitation totender.
In the case of sales for export, the price to be paid shall be that quoted
in the tender, plus a monthly increase where removal takes place 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 cancelledby 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 covers quantities for which:
— no contract has been 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 theminimum 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 has been furnished that the goods have 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 provides proof that the cereals have left the customsterritory of the Community on a vessel of at least 2 500 tonnes grosstonnage and 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 and of the single administrative document or national docu-ment proving that the goods have left the customs territoroy of theCommunity: ‘Export of cereals by sea — Article … of Regulation(EEC) No …/…';
— the licence has not been issued in accordance with Article 44 of
Regulation (EEC) No 3719/88,
— the contract has been cancelled in accordance with the fourth para-
graph of Article 16.
(1) OJ No L 205, 3. 8. 1985, p. 5.
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4. The security provided for in Article 13 (4) shall be forfeited inrespect of quantities for which:
— the security referred to in the second subparagraph of Article 44 (6)
of Regulation (EEC) No 3719/88 has been forfeited,
— except in cases of force majeure , payment has not 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.
Article 18
Regulation (EEC) No 1836/82 is repealed.References to that Regulation shall be construed as references to this
Regulation.
Article 19
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.