Commission Regulation (EC) No 1572/2005 of 28 September 2005 opening a standing invitation to tender for the resale on the Spanish market of rye held by the German intervention agency
Date: 2005-09-28
Institutions: European Commission
Subjects: Germany, Spain, award of contract, intervention agency, rye, sale

29.9.2005

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1572/2005

of 28 September 2005

opening a standing invitation to tender for the resale on the Spanish market of rye 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,

Whereas:

(7) With a view to modernising management,

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

(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

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.

The German intervention agency shall open a standing
1.
invitation to tender for the sale on the internal Community
market of 500 000 tonnes of rye held by it.

2.

These sales are intended to supply the Spanish market.

Because of the difficult weather conditions in much of
Spain, cereals production will be significantly reduced in
the 2005/06 marketing year. This situation has already
resulted in high local prices, causing supply difficulties at
competitive prices.

Article 2

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

significant

Germany has
rye,
outlets for which are hard to find and which should
therefore be disposed of.

intervention stocks of

The stocks of rye held by the German intervention
agency should therefore be made available on the
Spanish cereals market as they are particularly suited to
the traders’ needs.

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
must be made for an award coefficient
tenders
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. Regulation as

(EC) No 1154/2005 (OJ

amended by
L 187,

Commission Regulation
19.7.2005, p. 11).

(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).

However, notwithstanding that Regulation:

(a)

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

(b) the minimum selling price shall be fixed at a level that does

not disturb the cereals markets.

Article 3

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

Tenders shall be valid only if they are accompanied by the
2.
tenderer’s written commitment to lodge a security of EUR 80
per tonne within two working days of the day on which the
notice of award of contract is received.

Article 4

The first partial invitation to tender shall expire at 15.00

1.
(Brussels time) on 5 October 2005.

(1)

(2)

(3)

(4)

(5)

(6)

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29.9.2005

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 2 November 2005,
28 December 2005, 12 April 2006, 24 May 2006 and 14
June 2006, there being no invitation to tender in the weeks
concerned.

The closing date for the submission of tenders for the last
partial
invitation to tender shall be 28 June 2006 at 15.00
(Brussels time).

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.

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

Article 7

Tenders must be lodged with the German intervention

2.
agency:

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

1.
full in respect of quantities for which:

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

Article 5

The German intervention agency shall send the Commission the
tenders received, no later than two hours after expiry of the
time-limit
for submitting tenders. This notification shall be
made by e-mail, using the form in the Annex hereto.

Article 6

(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 delivered to Spain. 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.

Under the procedure laid down in Article 25(2) of Regulation
(EC) No 1784/2003 the Commission shall set the minimum
In the
selling price or decide not

to award any quantities.

This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.

Article 8

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

Done at Brussels, 28 September 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 301, 17.10.1992, p. 17. Regulation as last amended by Regu-

lation (EC) No 770/96 (OJ L 104, 27.4.1996, p. 13).

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Standing invitation to tender for the resale on the Spanish market of 500 000 tonnes of rye held by the German
intervention agency

ANNEX

Form (*)

(Regulation (EC) No 1572/2005)

1

2

Serial numbers of tenderers

Lot No

3

Quantity
(tonnes)

4

Tender price
EUR/tonne

1
2

3

etc.

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