Commission Regulation (EC) No 1581/2005 of 29 September 2005 opening a standing invitation to tender for the resale on the Spanish market of common wheat held by the Hungarian intervention agency
Date: 2005-09-29
Institutions: European Commission
Subjects: Hungary, Spain, award of contract, common wheat, intervention agency, sale

L 254/10

EN

Official Journal of the European Union

30.9.2005

COMMISSION REGULATION (EC) No 1581/2005

of 29 September 2005

opening a standing invitation to tender for the resale on the Spanish market of common wheat held
by the Hungarian intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(7)

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)

(4)

(5)

(6)

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
resulted in high local prices, causing supply difficulties at
competitive prices.

Hungary has significant intervention stocks of common
wheat, outlets for which are hard to find and which
should therefore be disposed of.

for

common wheat held by

Commission Regulation (EC) No 1080/2005 (3) opened a
the resale on the
standing invitation to tender
Spanish market of
the
Hungarian intervention agency, which expired on 14
September 2005 even though the quantities made
available under that Regulation had not been fully used
up, in particular as a result of difficulties linked to the
entry of the cereals into the Spanish ports.

In view of
the continuing market situation and the
projected applications by operators, stocks of common
wheat held by the Hungarian intervention agency should
continue to be made available on the Spanish cereals
market,
in quantities equivalent to those fixed during
the previous invitation to tender. However, the cereals
should no longer be required to pass through specific
Spanish sea ports.

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

(1) OJ L 270, 21.10.2003, p. 78. Regulation as last amended by
L 187,

(EC) No 1154/2005 (OJ

Commission Regulation
19.7.2005, p. 11).

is also important
notification

It
agency’s
maintain the anonymity of the tenderers.

the Hungarian intervention
should
the Commission

that
to

(8) With a view to modernising management,

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

(9)

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 Hungarian intervention agency shall open a standing
invitation to tender for the sale on the Community market of
200 000 tonnes of common wheat held by it.

2.

These sales are intended to supply the Spanish market.

Article 2

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

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

Notwithstanding Article 13(4) of Regulation (EEC) No

1.
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 80
per tonne within two working days of the day on which the
notice of award of contract is received.

Article 4

(2) OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regu-

lation (EC) No 1169/2005 (OJ L 188, 20.7.2005, p. 19).

(3) OJ L 177, 9.7.2005, p. 7.

The first partial invitation to tender shall expire at 15.00

1.
(Brussels time) on 5 October 2005.

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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 and 28
December 2005 and 12 April, 24 May and 14 June 2006,
i.e. weeks when no invitation to tender shall be made.

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

Tenders must be lodged with the Hungarian intervention

2.
agency at the following address:

Mezőgazdasági és Vidékfejlesztési Hivatal
Alkotmány u. 29.
H-1385 Budapest 62
Pf. 867
Tel. (36-1) 219 62 60
Fax (36-1) 219 62 59.

Article 5

tenders,

the expiry of

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

the time-limit

Article 6

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

to award any quantities.

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

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.

The security referred to in Article 3(2) shall be released in
2.
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.

Article 8

This Regulation shall enter into force on the third 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 September 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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

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Official Journal of the European Union

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Standing invitation to tender for the resale on the Spanish market of 200 000 tonnes of common wheat held by
the Hungarian intervention agency

ANNEX

Form (*)

(Regulation (EC) No 1581/2005)

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 (D/2).