Commission Regulation (EC) No 1083/2005 of 8 July 2005 opening a standing invitation to tender for the resale on the Spanish market of barley held by the German intervention agency
Date: 2005-07-08
Institutions: European Commission
Subjects: Germany, Spain, award of contract, barley, intervention agency, minimum price, sale, supply

L 177/16

EN

Official Journal of the European Union

9.7.2005

COMMISSION REGULATION (EC) No 1083/2005

of 8 July 2005

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

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,

(8) With a view to modernising management,

the infor-
mation required by the Commission should be sent by
electronic mail.

(9)

In order to prevent disturbances on the Spanish market,
in particular during marketing of the new year’s maize
these cereals should be delivered before 30
harvest,
September 2005.

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)
provides in particular that cereals held by intervention
agencies are to be sold by tendering procedure at
prices preventing market disturbance.

Because of the difficult weather conditions in much of
Spain, cereals production has been significantly reduced
in the 2005/06 marketing year. This situation has already
led to high prices locally, causing supply difficulties at
competitive prices for growers and the livestock feed
industry alike.

Germany has significant intervention stocks of barley,
which should be used up.

The stocks of barley held by the German intervention
agency should therefore be made available on the
Spanish cereals market; given the need to supply
growers in the north of Spain, those stocks are parti-
cularly suited to the traders’ needs.

(10)

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

1.
The German intervention agency shall open a standing
invitation to tender for the sale on the Community market of
100 000 tonnes of barley held by it.

2.
These sales are intended to supply the Spanish market.
Entry into Spain shall be exclusively through the Spanish
ports of A Coruña, Santander or Bilbao.

Article 2

The sale provided for in Article 1 shall take place in accordance
with Regulation (EEC) No 2131/93.

However, notwithstanding that Regulation:

To ensure the best supply conditions for these regions,
the barley must be delivered to the ports of A Coruña,
Santander or Bilbao.

(a)

tenders shall be drawn up on the basis of the actual quality
of the lot to which they apply;

To take account of
the situation on the Community
market, provision should be made for the Commission
to manage this invitation to tender. In addition, provision
tenders
must be made for an award coefficient
offering the minimum selling price.

for

is also important
notification

It
agency’s
maintain the anonymity of the tenderers.

the German intervention
should
the Commission

that
to

(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 749/2005 (OJ L 126, 19.5.2005, p. 10).

(b) the minimum selling price shall be set at a level which does

not disturb the cereals market.

Article 3

1.
Notwithstanding Article 13(4) of Regulation (EEC)
No 2131/93 the tender security is set at EUR 10 per tonne.

2.
Tenders shall be valid only if they are accompanied by the
tenderer’s written commitment to lodge a security of EUR 60
per tonne within two working days of the day on which the
notice of award of contract is received.

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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Article 4

Article 7

The first partial invitation to tender shall expire at 15.00

1.
(Brussels time) on 13 July 2005.

The closing dates for the submission of tenders for subsequent
partial invitations to tender shall be each Wednesday at 15.00
(Brussels time), with the exception of 20 July, 3 August, 17
August and 31 August 2005,
i.e. weeks when no invitation
to tender shall be made.

The closing date for the submission of tenders for the last
partial
invitation to tender shall be 14 September 2005 at
15.00 (Brussels time).

Tenders must be lodged with the German intervention

2.
agency at the following address:

Bundesanstalt für Landwirtschaft und Ernährung (BLE),
Deichmannsaue 29
D-53179 Bonn
Fax 1: 00 49 228 6845 3985
Fax 2: 00 49 228 6845 3276.

Article 5

Within two hours of
for the
the expiry of
submission of tenders, the German intervention agency shall
notify the Commission of tenders received. This notification
shall be made by e-mail, using the form in the Annex hereto.

the time limit

In addition to the provisions of Article 16 of Regulation (EEC)
No 2131/93, the successful tenderer must remove the awarded
cereal stocks before 30 September 2005.

Article 8

The security referred to in Article 3(1) shall be released in

1.
full in respect of quantities for which:

(a) no award is made;

(b) payment of the selling price is made within the period set
and the security referred to in Article 3(2) has been lodged.

2.
The security referred to in Article 3(2) shall be released in
proportion to the quantities of cereals unloaded at one of the
ports referred to in Article 1(2). Proof of a particular destination
shall be supplied in accordance with Commission Regulation
(EEC) No 3002/92 (1). The T5 control copy must provide
proof of compliance with the conditions laid down in Article
1(2) of this Regulation.

Prior to unloading, the relevant party referred to in Article
3.
3(1)(d) of Regulation (EEC) No 3002/92 shall
inform the
Spanish authority responsible for checks at the final destination
of the following:

— the name of the port(s) where unloading will take place,

Article 6

— the name(s) of the means of transport that will be used,

Under the procedure laid down in Article 25(2) of Regulation
(EEC) No 1784/2003 the Commission shall set the minimum
selling price or decide not to award any quantities. In the event
that tenders are submitted for the same lot and for a quantity
larger than that available, the Commission may fix this price
separately for each lot.

Where tenders are offering the minimum selling price,
the
Commission may fix an award coefficient for the quantities
offered at the same time as it fixes the minimum selling price.

— the quantities that will be unloaded from each means of

transport,

— the expected unloading date(s).

Article 9

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 8 July 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 301, 17.10.1992, p. 17.

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ANNEX

Standing invitation to tender for the resale on the Spanish market of 100 000 tonnes of barley held by the
Slovak intervention agency

Form (*)

(Regulation (EC) No 1083/2005)

1

2

Serial numbers of tenderers

Lot No

3

Quantity
(t)

4

Tender price
(EUR/t)

1

2

3

etc.

(*) To be sent to DG AGRI, Unit D.2.