Commission Regulation (EC) No 2313/2003 of 29 December 2003 opening a standing invitation to tender for the resale on the Community market of barley held by the German intervention agency
Date: 2003-12-29
Institutions: European Commission
Subjects: Germany, award of contract, barley, intervention agency, sale, single market

L 342/30

EN

Official Journal of the European Union

30.12.2003

COMMISSION REGULATION (EC) No 2313/2003

of 29 December 2003

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in
cereals (1), and in particular Article 5 thereof,

The German intervention agency shall open a standing invita-
tion to tender for the sale on the Community market of
23 683 tonnes of barley held by it.

Whereas:

(1)

(2)

(3)

(4)

(5)

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 (2) 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 barley.

Because of the difficult weather conditions in much of
the Community, cereal production has been significantly
reduced in the 2003/04 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. The period of presentation of the offers
for the last partial invitation to tender under Regulation
(EC) No 1509/2003 (3) having expired on 18 December
2003, it is advisable to open a new standing invitation
to tender.

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

Article 2

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

However, notwithstanding that 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

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

Article 4

1.
The closing date for the submission of tenders for the first
partial invitation to tender shall be 8 January 2004 at 09.00
(Brussels time).

The closing dates for the submission of tenders for subsequent
partial invitations to tender shall be each Thursday at 09.00
(Brussels time), with the exception of 8 April and 20 May
2004.

The closing date for the submission of tenders for the last
partial tendering procedure shall be 27 May 2004 at 09.00
(Brussels time).

Tenders shall be lodged with the German intervention

2.
agency:

Bundesanstalt für Landwirtschaft und Ernährung BLE
Adickesallee 40
D-60322 Frankfurt am Main
Fax (49-691) 564 96 2

Article 5

(1) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regu-

lation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

(2) OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regu-

lation (EC) No 1630/2000 (OJ L 187, 26.7.2000, p. 24).

(3) OJ L 217, 29.8.2003, p. 8. Regulation as last amended by Regu-

lation (EC) No 2045/2003 (OJ L 303, 21.11.2003, p. 10).

Within two hours of the expiry of the time limit for the
submission of tenders, the German intervention agency shall
notify the Commission of tenders received. They must be sent
by electronic mail in accordance with the form set out in the
Annex.

30.12.2003

EN

Official Journal of the European Union

L 342/31

Article 6

In accordance with the procedure laid down in Article 23 of
Regulation (EEC) No 1766/92, the Commission shall set the
minimum sale price or decide not to accept the tenders. If
tenders are submitted for the same lot and for a total quantity
larger than that available, a separate price may be fixed for each
lot.

Where tenders offer the minimum selling price, the Commis-
sion may fix an award coefficient for the quantities offered at
the same time as it sets the minimum selling price.

Article 7

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, 29 December 2003.

For the Commission

Franz FISCHLER

Member of the Commission

Standing invitation to tender for the resale of 23 683 tonnes of barley held by the German intervention agency

Regulation (EC) No 2313/2003

ANNEX