Commission Regulation (EC) No 2045/2004 of 29 November 2004 amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of cereals held by intervention agencies
Date: 2004-11-29
Institutions: European Commission
Subjects: award of contract, cereals, intervention agency, market intervention

30.11.2004

EN

Official Journal of the European Union

L 354/17

COMMISSION REGULATION (EC) No 2045/2004

of 29 November 2004

amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of
cereals held by intervention agencies

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1784/2003 of 29
September 2003 on the common organisation of the market in
cereals (1), and in particular Article 6 thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EEC) No 2131/93 (2) lays down
the procedure and conditions for the sale of cereals held
by intervention agencies.

New modern means of communication should be used
to inform all interested parties all over the Community
about sales out of intervention. This permits to authorise
intervention bodies to sell by tender higher quantities
without prior decision of the Commission, to take into
account the market situation in their Member States. To
simplify the sales for export, the mention of the storage
localisation should not be required in the decision issuing
invitations to the tender.

In Member States which do not have sea ports, tenderers
for cereals put up for sale are penalized by higher
transport costs. As a result of
these additional costs,
cereals are more difficult to export from those Member
States, which results in particular in longer intervention
storage and additional costs to the Community budget.
Provision should accordingly be made for the possibility
in certain cases of financing the lowest transport costs
between the place of storage and the place of exit in
order to make tenders comparable. The Romanian port
of Constanta was a traditional port of exit
for the
countries of Central Europe before their accession to
to include
the Union.
Constanta
the
for
transport costs that can be reimbursed in the case of
export.

therefore necessary
the

is
a place

calculation of

as

It

(4)

(5)

(6)

In order to simplify the procedure for selling the cereals,
the security accompanying the tenders for sale for export
as well as on the Community market should be unified.

Regulation (EEC) No 2131/93 should therefore be
amended accordingly.

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

Regulation (EEC) No 2131/93 is amended as follows:

1.

in Article 2 (2), ‘2 000 tonnes’ is replaced by ‘5 000 tonnes’;

2.

in Article 3(1), the first sentence is replaced by the following
sentence:

‘The intervention agencies shall draw up notices of
invi-
tations to tender in accordance with Article 12 and shall
ensure an appropriate publicity of those notices, in particular
by displaying them at their head offices as well as on their
website or on the website of the competent Ministry.’;

3. Article 7 is amended as follows:

(a)

in paragraph 1, point (b) is deleted;

(b) in paragraph 2a, the following sentence is added:

‘For the purpose of this paragraph, the Romanian port of
Constanta may be regarded as a place of exit’;

4.

in Article 13 (4), the second subparagraph is replaced by the
following:

(1) OJ L 270, 21.10.2003, p. 78.
(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).

‘Tenders shall be valid only if they are accompanied by proof
that the tenderer has lodged a security of EUR 5 per tonne’.

L 354/18

EN

Official Journal of the European Union

30.11.2004

Article 2

This Regulation shall enter into force on the seventh 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 November 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission