Commission Regulation (EC) No 357/2003 of 27 February 2003 amending Regulations (EC) No 1938/2001, (EC) No 1939/2001 and (EC) No 1940/2001 on the opening of standing invitations to tender for the resale on the Community internal market of rice held by the Spanish, Greek and Italian intervention agencies for use in animal feed
Date: 2003-02-27
Institutions: European Commission
Subjects: Greece, Israel, Spain, animal nutrition, award of contract, intervention agency, rice, sale

L 53/6

EN

Official Journal of the European Union

28.2.2003

COMMISSION REGULATION (EC) No 357/2003

of 27 February 2003

amending Regulations (EC) No 1938/2001, (EC) No 1939/2001 and (EC) No 1940/2001 on the
opening of standing invitations to tender for the resale on the Community internal market of rice
held by the Spanish, Greek and Italian intervention agencies for use in animal feed

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

1. Article 2(2) is replaced by the following:

Having regard to the Treaty establishing the European
Community,

‘2.

Tenderers shall give an undertaking:

(a) where they are feed manufacturers:

Having regard to Council Regulation (EC) No 3072/95 of 22
December 1995 on the common organisation of the market in
rice (1), as last amended by Commission Regulation (EC) No
411/2002 (2), and in particular Article 8(b) thereof,

Whereas:

Commission Regulations (EC) No 1938/2001 (3) and
(EC) No 1939/2001 (4), as last amended by Regulation
(EC) No 2089/2002 (5), and (EC) No 1940/2001 (6), as
last amended by Regulation (EC) No 207/2003 (7), allow
rice mills to take part
in the tendering procedure
provided they comply with the rules laid down by those
Regulations and in particular
those concerning the
processing of paddy rice into wholly milled rice and
marking using certain colourants.

The efficiency of the measure, particularly as regards the
processing time and the cost of verification, can be
improved by laying down that manufacturers of
compound feedingstuffs may take part in the tendering
procedure by making the same undertakings as are
currently imposed on rice mills.

— to use in animal feed, within three months of the
date of the award of the contract, rice for which they
are declared the successful tenderer, save in cases of
force majeure,

— to carry out immediately, under the supervision of
the competent authorities at a place determined by
agreement with them, the treatments described in
Annexes II or III, designed to ensure verification of
the use made of the rice and the traceability of the
products;

(b) where they are rice mills:

— to carry out, within two months of the date of the
award of the contract, the treatments described in
Annex III of rice for which they are declared the
successful tenderer,

— to see to it that this product is incorporated in feed
within four months of the date of the award of the
contract, save in cases of force majeure;

(c) to bear the costs of the processing and treatment of the

products;

Regulations (EC) No 1938/2001,
and (EC) No 1940/2001 should therefore be amended.

(EC) No 1939/2001

(d) to keep stock records so that checks may be made that

they have respected their undertakings.’

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Cereals,

2. The title of Annex III is replaced by the following:

‘Treatments provided for in the second indent of point (a)
and the first indent of point (b) of Article 2(2).’

(1)

(2)

(3)

(4)

HAS ADOPTED THIS REGULATION:

Article 2

Article 1

Regulation (EC) No 1939/2001 is hereby amended as follows:

Regulation (EC) No 1938/2001 is hereby amended as follows:

(1) OJ L 329, 30.12.1995, p. 18.
(2) OJ L 62, 5.3.2002, p. 27.
(3) OJ L 263, 3.10.2001, p. 11.
(4) OJ L 263, 3.10.2001, p. 15.
(5) OJ L 322, 27.11.2002, p. 3.
(6) OJ L 263, 3.10.2001, p. 19.
(7) OJ L 28, 4.2.2003, p. 24.

1. Article 2(2) is replaced by the following:

‘2.

Tenderers shall give an undertaking:

(a) where they are feed manufacturers:

— to use in animal feed, within three months of the
date of the award of the contract, rice for which they
are declared the successful tenderer, save in cases of
force majeure,

28.2.2003

EN

Official Journal of the European Union

L 53/7

— to carry out immediately, under the supervision of
the competent authorities at a place determined by
agreement with them, the treatments described in
Annexes II or III, designed to ensure verification of
the use made of the rice and the traceability of the
products;

(b) where they are rice mills:

— to carry out, within two months of the date of the
award of the contract, the treatments described in
Annex III of rice for which they are declared the
successful tenderer,

— to see to it that this product is incorporated in feed
within four months of the date of the award of the
contract, save in cases of force majeure;

(c) to bear the costs of the processing and treatment of the

products;

(d) to keep stock records so that checks may be made that

they have respected their undertakings.’

— to carry out immediately, under the supervision of
the competent authorities at a place determined by
agreement with them, the treatments described in
Annexes II or III, designed to ensure verification of
the use made of the rice and the traceability of the
products;

(b) where they are rice mills:

— to carry out, within two months of the date of the
award of the contract, the treatments described in
Annex III of rice for which they are declared the
successful tenderer,

— to see to it that this product is incorporated in feed
within four months of the date of the award of the
contract, save in cases of force majeure;

(c) to bear the costs of the processing and treatment of the

products;

2. The title of Annex III is replaced by the following:

(d) to keep stock records so that checks may be made that

‘Treatments provided for in the second indent of point (a)
and the first indent of point (b) of Article 2(2).’

Article 3

Regulation (EC) No 1940/2001 is hereby amended as follows:

1. Article 2(2) is replaced by the following:

Tenderers shall give an undertaking:

‘2.
(a) where they are feed manufacturers:

— to use in animal feed, within three months of the
date of the award of the contract, rice for which they
are declared the successful tenderer, save in cases of
force majeure,

they have respected their undertakings.’

2. The title of Annex III is replaced by the following:

‘Treatments provided for in the second indent of point (a)
and the first indent of point (b) of Article 2(2).’

Article 4

This Regulation shall enter
into force on the third day
following 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, 27 February 2003.

For the Commission

Franz FISCHLER

Member of the Commission