Commission Regulation (EC) No 1582/2005 of 29 September 2005 opening a standing invitation to tender for the resale on the Spanish market of barley held by the German intervention agency
Date: 2005-09-29
Institutions: European Commission
Subjects: Germany, Spain, award of contract, barley, intervention agency, sale

30.9.2005

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Official Journal of the European Union

L 254/13

COMMISSION REGULATION (EC) No 1582/2005

of 29 September 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,

Whereas:

(6)

(7)

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

is also important
notification

It
agency’s
maintain the anonymity of the tenderers.

the German intervention
should
the Commission

that
to

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.

(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,

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.

HAS ADOPTED THIS REGULATION:

Article 1

Germany has significant intervention stocks of barley,
outlets for which are hard to find and which should
therefore be disposed of.

for

Commission Regulation (EC) No 1083/2005 (3) opened a
the resale on the
standing invitation to tender
Spanish market of barley held by the German inter-
vention 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.

the continuing market situation and the
In view of
projected applications by operators, stocks of barley
held by
should
the German intervention agency
continue to be made available on the Spanish cereals

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.

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

(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).

(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. 16.

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

(1)

(2)

(3)

(4)

(5)

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Official Journal of the European Union

30.9.2005

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.

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
partial
invitation to tender shall be 28 June 2006 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 (49-228) 68 45 39 85
Fax 2 (49-228) 68 45 32 76.

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

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 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.

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 100 000 tonnes of barley held by the
German intervention agency

ANNEX

Form (*)

(Regulation (EC) No 1582/2005)

1

Serial numbers of
tenderers

2

Lot No

3

Quantity
(t)

4

Tender price
EUR/t

1
2

3

etc.

(*) To be sent to DG AGRI (D2).