Commission Regulation (EC) No 367/2007 of 30 March 2007 amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of cereals held by intervention agencies
Date: 2007-03-30
Institutions: European Commission
Subjects: award of contract, cereals, intervention agency, intervention price, minimum price, sale

L 91/14

EN

Official Journal of the European Union

31.3.2007

COMMISSION REGULATION (EC) No 367/2007

of 30 March 2007

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,

which the fixing of the minimum selling price should
not prejudice other export operations should be specified.

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 and the second paragraph
of Article 24 thereof,

Whereas:

(5)

(6)

(7)

(1)

(2)

(3)

(4)

Article 1(2) of Commission Regulation (EEC) No
2131/93 (2) defines ‘invitation to tender’ and the related
award conditions. In order to avoid any ambiguity as
regards the award of
is necessary to
clarify those conditions.

the contract,

it

Under the third subparagraph of Article 2(1) and the
third subparagraph of Article 7(1) of Regulation (EEC)
No 2131/93, a period of at
least eight days must
elapse between the date of publication in the Official
Journal of the European Union of decisions opening invi-
tations to tender for sale on the Community market or
for export and the first closing date for the submission of
tenders. The first paragraph of Article 12 of that Regu-
lation provides for the same period between the publi-
cation of the notice of invitation to tender and the first
closing date for submission of tenders. These time limits
now appear too long, in view of the progress made in
communications and information provision by electronic
means, and should therefore be reduced.

Article 3 of Regulation (EEC) No 2131/93 specifies
minimum rules for publicising notices of invitations to
tender and lays down certain general rules applicable to
standing invitations to tender,
irrespective of the desti-
nation of the products. For the sake of clarity, those rules
should appear in Title III of that Regulation setting out
general and final provisions.

Article 10 of Regulation (EEC) No 2131/93 specifies the
information to be sent to the Commission following the
submission of tenders, and the terms for accepting the
in particular as regards price. For the sake of
tenders,
effective management,
to which the tender
the lot
relates should be identified, and the circumstances in

(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).

Article 12 of Regulation (EEC) No 2131/93 lays down
general provisions on the notice of invitation to tender.
For the sake of clarity, the provisions deleted from Article
3 should appear in this Article.

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

Regulation (EEC) No 2131/93 contains entries in all
Community languages. Under Council Regulation No 1
of 6 October 1958 determining the languages to be used
by the European Economic Community (3), as amended
by Regulation (EC) No 920/2005 (4), Irish has been one
the Community since 1
of
January 2007. The
should therefore
entries
include the Irish language version.

languages of
above

the official

(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

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

1. Article 1(2) is replaced by the following:

For the purposes of

‘2.
this Regulation, “invitation to
tender” means competition between interested parties in
response to a call for tenders, the contract being awarded
for each of the lots to the tenderer submitting the most
favourable bid from among the bids that comply with this
Regulation, for which the price tendered is at least equal to
the minimum selling price laid down by the Commission in
accordance with Article 10(2).’;

2. The third subparagraph of Article 2(1) is replaced by the

following:

‘There must be a gap of at least six days between publication
and the first closing date for submission of tenders.’;

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

lation (EC) No 1996/2006 (OJ L 398, 30.12.2006, p. 1).

(3) OJ 17, 6.10.1958, p. 385/58.
(4) OJ L 156, 18.6.2005, p. 3.

31.3.2007

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Official Journal of the European Union

L 91/15

3. Article 3 is replaced by the following:

‘Article 3

The intervention agencies shall draw up and publish notices
of invitations to tender in accordance with Article 12.’;

4. The third subparagraph of Article 7(1) is replaced by the

following:

‘There must be a gap of at least six days between publication
and the first closing date for submission of tenders.’;

5. Article 10 is replaced by the following:

‘Article 10

1. When each period for the submission of tenders has
expired, the Member State concerned shall forward to the
Commission a list of the tenders, without names,
in each
case showing in particular the lot number,
the quantity
tendered,
the price tendered and the price increases and
reductions applying thereto.

The Commission,

2.
in accordance with the procedure
laid down in Article 25(2) of Regulation (EC) No
1784/2003, shall fix the minimum selling price or decide
not to award any quantities.

In the case of

3.
invitations to tender for export, the
minimum selling price shall be fixed at a level which does
not prejudice other export operations.’;

6. Article 12 is replaced by the following:

‘Article 12

(a)

the additional clauses and conditions of sale compatible
with this Regulation;

(b) the main physical and technological characteristics of the
various lots established upon buying in by the inter-
vention agency or during checks carried out subse-
quently;

(c)

the places of storage and the names and addresses of the
storers.

2.
Intervention agencies shall ensure that notices of invi-
in particular by
tation to tender are properly publicised,
displaying them at their head offices and on their website
or the website of the competent ministry. In the case of
standing invitations to tender, they shall specify therein the
closing dates for the submission of tenders for each partial
invitation to tender.

Notices of

3.
shall
minimum quantities which tenders must cover.

invitation to tender

specify the

4.
Notices of invitation to tender, and any changes to
them, shall be forwarded to the Commission before the
expiry of the first deadline for the submission of tenders.’

7. In the Annex, after the entry in French, the following indent

is inserted:

‘— in Irish: Onnmhairiú gránach ar muir, Airteagal 17a de

Rialachán (CEE) 2131/93’.

1.
At least four days before the first closing date for the
submission of tenders, the intervention agencies shall publish
a notice of invitation to tender setting out:

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

Article 2

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

Done at Brussels, 30 March 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission