Commission Regulation (EC) No 1364/2004 of 22 July 2004 laying down transitional measures for the sale of a maximum quantity of 54000 tonnes of wheat and 40000 tonnes of maize from the national security stocks held by Hungary
Date: 2004-07-22
Institutions: European Commission
Subjects: Hungary, award of contract, maize, sale, wheat

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Official Journal of the European Union

29.7.2004

COMMISSION REGULATION (EC) No 1364/2004

of 22 July 2004

laying down transitional measures for the sale of a maximum quantity of 54 000 tonnes of wheat
and 40 000 tonnes of maize from the national security stocks held by Hungary

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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

Having regard to the Treaty
Community,

establishing the European

HAS ADOPTED THIS REGULATION:

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:

(1)

(2)

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
products on account of
the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia (1), the Hungarian
authorities have informed the Commission that
they
intend to sell a maximum quantity of 54 000 tonnes
of wheat and 40 000 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.

(3)

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

(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).

Article 1

This Regulation lays down transitional rules for the sale of a
maximum quantity of 54 000 tonnes of wheat and 40 000
tonnes of maize from the national security stocks held by the
Hungarian authorities on 1 May 2004 and any subsequent
restocking operations.

Article 2

The agency responsible for managing the Hungarian 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 30 October 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;

(f)

the payment terms.

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Official Journal of the European Union

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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

forward
cipation in the
statements of award of contract
tenderers
within three working days of the said notification, by registered
letter or written telecommunication.

tendering procedure. They shall
to the successful

Article 4

Article 7

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
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 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.

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 6

Article 9

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

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, 22 July 2004.

For the Commission

Franz FISCHLER
Member of the Commission

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Official Journal of the European Union

29.7.2004

ANNEX

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

TIG Reserve Managing Non Profit Co Agricultural Department
(TIG Kht Mezőgazdasági Osztály)

Budapest, Vámház krt. 2.
1053–Hungary

Tel. (+ 36) 1 266 91 91 or (+ 36) 1 266 91 92 or (+ 36) 1 318 28 99

Fax (+ 36) 1 318 60 25 or (+ 36) 1 318 23 26

Website: www.tig.hu