Commission Regulation (EC) No 1274/2004 of 12 July 2004 laying down transitional measures for the sale of a maximum quantity of 25000 tonnes of wheat and 10000 tonnes of maize from the national security stocks held by Slovakia
Date: 2004-07-12
Institutions: European Commission
Subjects: Slovakia, award of contract, intervention agency, maize, sale, wheat

13.7.2004

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1274/2004

of 12 July 2004

laying down transitional measures for the sale of a maximum quantity of 25 000 tonnes of wheat
and 10 000 tonnes of maize from the national security stocks held by Slovakia

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,

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,

Whereas:

Pursuant to 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 Slovak
authorities have informed the Commission that
they
intend to sell a maximum quantity of 25 000 tonnes
of wheat and 10 000 tonnes of maize from national
security stocks as part of a rotation procedure.

the accession of

The sale of such a large quantity of wheat and maize is
liable to disturb the Community market in cereals. Tran-
sitional measures should therefore be 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.

(1)

(2)

(3)

(4)

Article 1

This Regulation lays down transitional rules for the sale of a
maximum quantity of 25 000 tonnes of wheat and 10 000
tonnes of maize from the national security stocks held by the
Slovak authorities on 1 May 2004 and any subsequent
restocking operations.

Article 2

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

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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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-
forward
cipation in the
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 and maize 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, 12 July 2004.

For the Commission

Franz FISCHLER
Member of the Commission

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ANNEX

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

Administration of the State Material Reserves of the Slovak Republic

Prazska 29, 81263 Bratislava

Tel. (421) 2 57 278 287

Fax (421) 2 57 278 306.