Commission Regulation (EC) No 1194/2004 of 28 June 2004 laying down transitional measures for the sale of a maximum quantity of 300 000 tonnes of wheat from the national security stocks held by Poland
Date: 2004-06-28
Institutions: European Commission
Subjects: Poland, award of contract, minimum stock, sale, wheat

L 228/14

EN

Official Journal of the European Union

29.6.2004

COMMISSION REGULATION (EC) No 1194/2004

of 28 June 2004

laying down transitional measures for the sale of a maximum quantity of 300 000 tonnes of wheat
from the national security stocks held by Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Having regard to the Treaty of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia,

Article 1

This Regulation lays down transitional rules for the sale of a
maximum quantity of 300 000 tonnes of wheat
from the
national security stocks held by the Polish authorities on
1 May 2004 and any subsequent restocking operations.

Article 2

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia, and in particular the first subparagraph
of Article 41 thereof,

The agency responsible for managing the Polish security stocks,
details of which are set out in the Annex hereto, shall sell the
quantity of wheat referred to in Article 1 on the Community
market by standing invitation to tender until 31 August 2004.

Whereas:

(1)

(2)

(3)

(4)

Under Article 6 of Commission Regulation (EC) No
1972/2003 of 10 November 2003 on transitional
measures to be adopted in respect of trade in agricultural
the Czech
products on account of
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia (1), the Polish autho-
rities have informed the Commission that they intend to
sell a maximum quantity of 300 000 tonnes of wheat
from national security stocks as part of a rotation
procedure.

the accession of

should therefore be

The sale of such a large quantity of wheat is liable to
disturb the Community market in cereals. Transitional
measures
taken to lay down
conditions for sale similar to those provided for in
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) to
ensure that operators are treated equally and market
conditions respected.

Since any restocking operation could also disturb the
Community market, a procedure should be introduced
allowing the Commission to approve the restocking
arrangements.

For the purposes of this Regulation, selling by tender means
offering for sale by inviting tenders, the contract being awarded
to the person tendering the best price and observing the
requirements of this Regulation.

Article 3

The agency referred to in the first paragraph of Article 2 shall
publish a notice of invitation to tender at least three days before
the closing date of the first period for submission of tenders.

The invitation shall indicate in particular:

a)

the tendering periods for each partial tendering procedure
and the address for submission of tenders;

b) the minimum quantities which tenders may cover;

c)

the securities to be lodged and the terms of their release;

d) the main physical and technical characteristics of the various

lots;

e)

the places of storage and the name and address of the storer;

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

f)

the payment terms.

(1) OJ L 293, 11.11.2003, p. 3. Regulation as last amended by Regu-

lation (EC) No 735/2004 (OJ L 114, 21.4.2004, p. 13).

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

lation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

The closing date for submission of tenders for the first partial
tendering procedure shall be the fifth working day after the
the
this Regulation in the Official
publication of
European Union.

Journal of

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EN

Official Journal of the European Union

L 228/15

Article 4

Successful tenders must quote a price at least equal to the price
recorded for an equivalent quality and for a representative
quantity on the market at the place of storage or, failing that,
on the nearest market, account being taken of transport costs. It
may not be less than EUR 108,76 per tonne.

Article 5

The agency referred to in the first paragraph of Article 2 shall
take all measures necessary to enable interested parties to assess
the quality of cereals put up for sale before submitting their
tenders.

Article 6

The agency referred to in the first paragraph of Article 2 shall
immediately inform all tenderers of the outcome of their parti-
cipation in the
forward
tenderers
statements of award of contract

tendering procedure. They shall
to the successful

within three working days of the said notification, by registered
letter or written telecommunication.

Article 7

The agency referred to in the first paragraph of Article 2 shall
notify the Commission of the quantity and average prices of the
various lots sold no later than Tuesday of the week following
the closing date for the submission of tenders.

Article 8

The arrangements for restocking the wheat stock referred to in
this Regulation shall be approved by the Commission before
they are implemented, to ensure that the Community market in
cereals is not disturbed.

Article 9

This Regulation shall enter into force on the day following that
of 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, 28 June 2004.

For the Commission

Franz FISCHLER
Member of the Commission

Agency responsible for managing the Polish security stocks as referred to in Article 2:

ANNEX

AGENCY FOR MATERIAL RESERVE
00-400 Warszawa ul. Nowy Świat 6/12

Tel. +48 (22) 826 15 43

Fax +48 (22) 583 83 59