Commission Regulation (EC) No 145/2004 of 28 January 2004 opening a standing invitation to tender for the resale on the Community market of wheat held by the German intervention agency
Date: 2004-01-28
Institutions: European Commission
Subjects: Germany, award of contract, common wheat, intervention agency, sale, single market

L 24/38

EN

Official Journal of the European Union

29.1.2004

COMMISSION REGULATION (EC) No 145/2004

of 28 January 2004

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Article 2

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), and in particular Article 5 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Commission Regulation (EEC) No 2131/93 of 28 July
1998 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 wheat.

Because of the difficult weather conditions in much of
the Community, cereals production has been signifi-
cantly reduced in the 2003/04 marketing year. This
situation has resulted in high prices locally, causing par-
ticular difficulties for livestock holdings and the feeding-
stuffs industry, which are finding it hard to obtain
supplies at competitive prices.

It is therefore appropriate to make stocks of wheat held
by the German intervention agency available on the
internal market.

To take account of the situation on the Community
market, provision should be made for the Commission
to manage this invitation to tender.

(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,

HAS ADOPTED THIS REGULATION:

Article 1

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 5 February 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, 20 May and 10
June 2004.

The closing date for the submission of tenders for the last
partial tendering procedure shall be 24 June 2004 at 09.00
(Brussels time).

Tenders must be lodged with the German intervention

2.
agency:

Bundesanstalt für Landwirtschaft und Ernährung
BLE
Adickesallee 40
D-60322 Frankfurt am Main
Telefax: (49-69) 156 49 62.

The German intervention agency shall open a standing invita-
tion to tender for the sale on the Community market of
89 000 tonnes of wheat held by it.

(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).

Article 5

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.

29.1.2004

EN

Official Journal of the European Union

L 24/39

Article 6

In accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92, the Commis-
sion shall set the minimum sale price or decide not to accept the tenders.

This Regulation shall enter into force on the third day following its publication in the Official Journal of the
European Union.

Article 7

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 January 2004.

For the Commission

Franz FISCHLER

Member of the Commission

Standing invitation to tender for the resale of 89 000 tonnes of wheat held by the German intervention agency

Regulation (EC) No 145/2004

ANNEX

Address for electronic transmission of information in accordance with Article 5:

AGRI-C1-REVENTE-MARCHE-UE@cec.eu.int