Commission Regulation (EC) No 1510/2003 of 27 August 2003 opening a standing invitation to tender for the resale on the Community market of 730000 tonnes of rye held by the German intervention agency
Date: 2003-08-27
Institutions: European Commission
Subjects: Germany, award of contract, intervention agency, rye, sale, single market

29.8.2003

EN

Official Journal of the European Union

L 217/11

COMMISSION REGULATION (EC) No 1510/2003

of 27 August 2003

opening a standing invitation to tender for the resale on the Community market of 730 000 tonnes
of rye held by the German intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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,

(8) When the German intervention agency notifies the

Commission, the tenderers should remain anonymous.

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

(10)

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

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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.

Germany still has intervention stocks of rye.

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 rye held by
the German intervention agency available on the internal
market, which had earlier been destined for export under
Commission Regulation (EC) No 864/2003 (5), with a
view to its use on the internal market in animal feed,
and to repeal that Regulation.

In order to ensure that the rye really is processed, the
specially monitored and the
procedure
successful
to be
released on conditions to be laid down.

should be
tenderer should provide a security,

Commission Regulation (EEC) No 3002/92 (6), as last
amended by Regulation (EC) No 770/96 (7), lays down
common detailed rules for verifying the use of products
from intervention.

In order to ensure sound management of the quantities
awarded, provision should be made for an award coeffi-
cient for tenders offering the minimum sale price.

(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 124, 20.5.2003, p. 12.
(6) OJ L 301, 17.10.1992, p. 17.
(7) OJ L 104, 27.4.1996, p. 13.

HAS ADOPTED THIS REGULATION:

Article 1

1.
The German intervention agency shall open a standing
invitation to tender for the resale on the Community market of
730 000 tonnes of rye held by it, with a view to processing
into animal feed.

The regions in which the rye is stored are listed in Annex

2.
I hereto.

Article 2

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

However, notwithstanding the above Regulation:

(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

Tenders shall be valid only if they are accompanied by:

(a) proof that the tenderer has lodged a tender security which,
notwithstanding Article 13(4) of Regulation (EEC) No
2131/93, shall be set at EUR 10 per tonne;

(b) a written undertaking from the tenderer to use the cereals
to feed animals or to incorporate it into animal feed before
30 April 2004 and to lodge a security of EUR 30 per
tonne no later than two working days after the day on
which the declaration of award of the tender is received;

(c) a commitment to keep stock accounts enabling verification
that the rye has indeed been incorporated into animal feed.

L 217/12

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Official Journal of the European Union

29.8.2003

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).

3.
The closing date for the submission of tenders for the last
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).

The security referred to in Article 3(b) shall be released in
feed in the

2.
proportion to the quantities used in animal
Community by 30 April 2004.

3.
Proof that the rye has been incorporated into animal feed
as referred to in this Regulation shall be provided in accordance
with Regulation (EEC) No 3002/92.

Article 8

In addition to the particulars provided for in Regulation (EEC)
No 3002/92, box 104 of the control copy T5 shall refer, where
appropriate, to the undertaking provided for in Article 3(b) and
bear one or more of the following entries:

— Destinados a la transformación prevista en el Reglamento

(CE) no 1510/2003

— Til forarbejdning som fastsat i forordning (EF) nr. 1510/

2003

— Zur Verarbeitung gemäß der Verordnung (EG) Nr. 1510/

Article 5

2003 bestimmt

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.

Article 6

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.

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.

— Προορίζονται για µεταποίηση του κανονισµού (ΕΚ) αριθ. 1510/

2003

— For processing provided for in Regulation (EC) No 1510/

2003

— Destinés à la transformation prévue au règlement (CE) no

1510/2003

— Destinati alla trasformazione prevista dal regolamento (CE)

n. 1510/2003

— Bestemd om te worden verwerkt overeenkomstig Veror-

dening (EG) nr. 1510/2003

— Para a transformação prevista no Regulamento (CE) n.o

1510/2003

— Tarkoitettu asetuksen (EY) N:o 1510/2003 liitteessä …

säädettyyn jalostukseen

— För bearbetning enligt förordning (EG) nr 1510/2003.

Article 9

Article 7

Regulation (EC) No 864/2003 is hereby repealed.

1.

The security referred to in Article 3(1)(a) shall be released:

Article 10

(a) if no award is made;

(b) if the selling price is paid within the period set and the
security referred to in Article 3(1)(b) has been lodged.

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

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Official Journal of the European Union

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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

Quantities
(tonnes)

317 040

22 311

390 649

ANNEX II