Commission Regulation (EC) No 1509/2003 of 27 August 2003 opening a standing invitation to tender for the resale on the Community market of 82500 tonnes of barley held by the German intervention agency
Date: 2003-08-27
Institutions: European Commission
Subjects: Germany, award of contract, barley, intervention agency, sale, single market

L 217/8

EN

Official Journal of the European Union

29.8.2003

COMMISSION REGULATION (EC) No 1509/2003

of 27 August 2003

opening a standing invitation to tender for the resale on the Community market of 82 500 tonnes
of barley held by the German intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Germany still has intervention stocks of barley.

However, notwithstanding the above Regulation:

(1)

(2)

(3)

(4)

(5)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in
cereals (1), as last amended by Commission Regulation (EC) No
1104/2003 (2), and in particular Article 5(b) thereof,

Whereas:

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 (3), as last
amended by Regulation (EC) No 1630/2003 (4), provides
in particular that cereals held by intervention agencies
are to be sold by tendering procedure at prices
preventing market disturbance.

Because of the difficult weather conditions in much of
the Community, cereals production has been signifi-
cantly reduced in the 2003/2004 marketing year. This
situation has resulted in high prices locally, causing
particular difficulties for
livestock holdings and the
feedingstuffs industry, which are finding it hard to
obtain supplies at competitive prices.

It is therefore appropriate to make stocks of barley held
by the German intervention agency available on the
internal market, which had earlier been destined for
export under Commission Regulation (EC) No 668/
2001 (5), as last amended by Regulation (EC) No 1093/
2003 (6), and to repeal that Regulation.

To take account of the situation on the Community
market, provision should be made for the Commission
to manage this invitation to tender; in addition, provi-
sion must be made for an award coefficient for tenders
offering the minimum selling price.

(6) When the German intervention agency notifies the

Commission, the tenderers should remain anonymous.

(7) With a view to modernising management, the informa-
tion required by the Commission should be sent by elec-
tronic mail.

(8)

The Management Committee for Cereals has not issued
an opinion by the time limit laid down by its Chairman,

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 158, 27.6.2003, p. 1.
(3) OJ L 191, 31.7.1993, p. 76.
(4) OJ L 187, 26.7.2000, p. 24.
(5) OJ L 93, 3.4.2001, p. 20.
(6) OJ L 157, 26.6.2003, p. 16.

Article 1

The German intervention agency shall open a standing
1.
invitation to tender for the resale on the Community market of
82 500 tonnes of barley held by it.

The regions in which the barley is stored are listed in

2.
Annex I hereto.

Article 2

The sale provided for in Article 1 shall take place in accordance
with Regulation (EEC) No 2131/93.

(a) tenders shall be drawn up on the basis of the actual quality

of the lot to which they apply;

(b) the minimum selling price shall be set at a level which does

not disturb the cereals market.

Article 3

Notwithstanding Article 13(4) of Regulation (EEC) No 2131/93
the tender security shall be set at EUR 10 per tonne.

Article 4

1.
The closing date for the submission of tenders for the first
partial tendering procedure shall be 18 September 2003 at
09.00 (Brussels time).

The closing dates for the submission of tenders for subse-
2.
quent partial tendering procedures shall be each Thursday at
09.00 (Brussels time).

The closing date for the submission of tenders for the last
3.
partial tendering procedure shall be 18 December 2003 at
09.00 (Brussels time).

Tenders must be lodged with the German intervention agency:

Bundesanstalt für Landwirtschaft und Ernährung
(BLE)
Adickesallee 40
D-60322 Frankfurt am Main
(Telex: 4-11475, 4-16044).

29.8.2003

EN

Official Journal of the European Union

L 217/9

Article 5

The German intervention agency shall send the Commission
the proposals received, no later than two hours after the expiry
of the time limit for submitting tenders. They must be sent in
accordance with the model and to the electronic address
contained in Annex II hereto.

Where tenders are made at the minimum selling price, the
Commission may fix an award coefficient for the quantities
offered at the same time as it fixes the minimum selling price.

The Commission shall decide in accordance with the procedure
laid down in Article 23 of Regulation (EC) No 1766/92.

Article 7

Article 6

Regulation (EC) No 668/2001 is hereby repealed.

The Commission shall set the minimum selling price or decide
not to award any quantities.
In the event that tenders are
submitted for the same lot and for a quantity larger than that
available, the Commission may fix this price separately for each
lot.

Article 8

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 August 2003.

For the Commission

Franz FISCHLER

Member of the Commission

L 217/10

EN

Official Journal of the European Union

29.8.2003

ANNEX I

Place of storage

Schleswig-Holstein/Hamburg/Niedersachsen/
Bremen/Mecklenburg-Vorpommern

Nordrhein-Westfalen/Hessen/Rheinland-Pfalz/Saar-
land/Baden-Württemberg/Bayern

Berlin/Brandenburg/Sachsen-Anhalt/Sachsen/
Thüringen

Quantity
(tonnes)

47 000

17 500

18 000

ANNEX II