CELEX: 31993R2783
Language: en
Date: 1993-10-09 00:00:00
Title: Commission Regulation (EEC) No 2783/93 of 8 October 1993 on the issue of a standing invitation to tender for the resale on the internal market of 200 000 tonnes of durum wheat held by the Italian intervention agency with a view to its processing in the other Member States

9 . 10 . 93                            Official Journal of the European Communities                           No L 252/ 17
                                    COMMISSION REGULATION (EEC) No 2783/93
                                                     of 8 October 1993
                  on the issue of a standing invitation to tender for the resale on the internal
                  market of 200 000 tonnes of durum wheat held by the Italian intervention agency
                              with a view to its processing in the other Member States
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       internal market of 200 000 tonnes of durum wheat with a
                                                                 view to its processing in the other Member States.
 Having regard to the Treaty establishing the European
 Economic Community,                                              2. Without prejudice to the provisions of Regulation
                                                                  (EEC) No 2131 /93 and in particular the second subpara­
Having regard to Council Regulation (EEC) No 1766/92             graph of Article 13 (4) thereof, the following special rules
of 30 June 1992 on the common organization of the                 shall apply to the present invitation to tender :
market in cereals ('), as amended by Regulation (EEC)
No 2193/93 (2), and in particular Article 5 thereof,             — tenderers shall undertake to process the quantities of
                                                                      durum wheat in the other Member States,
Whereas Commission Regulation (EEC) No 2131 /93 (3)              — processing must be carried out by 31 March 1994 at
lays down the procedure and conditions for the disposal               the latest, except in cases of force majeure,
of cereals held by intervention agencies ;
                                                                 — a security of ECU 20 per tonne shall be lodged by the
Whereas, in the present market situation, a standing invi­            successful tenderer with the intervention agency to
                                                                      ensure that the conditions laid down in the first and
tation of tender should be opened for the resale on the
internal market of 200 000 tonnes of durum wheat held                 second indents are complied with. The security shall
by the Italian intervention agency ;                                  be lodged at the latest two working days following the
                                                                      day on which the statement of the award of contract
Whereas the market situation for durum wheat is charac­               was received.
terized by a severely diminished 1993 harvest and, conse­
quently, by abnormally high prices by comparison with
                                                                                           Article 2
the support prices ; whereas no account should be taken
therefore of the market price in the appraisal of tenders,
and a minimum price should be fixed in excess of the              1 . The obligations referred to in the first and second
intervention price ;                                             indents of Article 1 (2) shall be considered as primary
                                                                 requirements within the meaning of Article 20 of
Whereas, given the lengthy storage; period for certain lots      Commission Regulation (EEC) No 2220/85 (6). They shall
reoffered for sale on the market, potential buyers should        be considered as having been fulfilled only if the
be afforded a degree of security as regards quality ;            successful tenderer provides proof to that effect.
Whereas, moreover, as regards verification, the provisions       2. Proof that the cereals referred to in this Regulation
of Commission Regulation (EEC) No 3002/92 of                     have been processed shall be furnished in accordance
16 October 1992 laying down common detailed rules for            with Regulation (EEC) No 3002/92.
verifying the use and/or destination of products from
intervention (4), as last amended by Regulation (EEC)            Processing shall be deemed to have taken place when the
No 1938/93 (*), are applicable ;                                 durum wheat is delivered to a storehouse located in
                                                                 another Member State .
Whereas the Management Committee for Cereals has not
delivered an opinion within the time limit set by its
chairman,                                                                                  Article 3
                                                                 When the successful tenderer removes the cereals from
                                                                 intervention, the intervention agency shall, for cross­
HAS ADOPTED THIS REGULATION :
                                                                 checking purposes, take a sample using the same method
                                                                 as that laid down in Commission Regulation (EEC)
                                                                 No 689/92 0.
                           Article 1
                                                                 If the analysis shows a sizeable difference between the
1 . The Italian intervention agency shall issue a                quality of the cereals removed and the quality as
standing invitation to tender for the redisposal on the          described in the notice of invitation to tender, referred to
                                                                 in Article 3 of Regulation (EEC) No 2131 /93, the
(') OJ No L 181 , 1 . 7. 1992, p. 21 .                           successful tenderer shall refuse the goods.
(4 OJ No L 196, 5. 8. 1993, p. 22.
(3) OJ No L 191 , 31 . 7. 1993, p. 76.
0 OJ No L 301 , 17. 10. 1992, p. 17.                             (6) OJ No L 205, 3. 8. 1985, p. 5.
0 OJ No L 176, 20. 7. 1993, p. 12.                               0 OJ No L 74, 20. 3. 1992, p. 18.
 ---pagebreak--- No L 252/ 18                          Official Journal of the European Communities                                 9. 10. 93
A difference of more than one percentage point in respect       — Bestemd om te worden verwerkt (Verordening (EEG)
of one of the impurities referred to in the Annex to Regu­           nr. 2783/93),
lation (EEC) No 689/92, with the exception of broken            — Destinadas a transformação [Regulamento (CEE)
grains or mottled grains, shall be considered a sizeable             n? 2783/93].
difference.
The successful tenderer may also refuse the goods if they
do not correspond to the criteria set out in sections A, C,                                Article 6
E, F and G of the Annex to Regulation (EEC) No 689/92.
                                                                 1 . The closing date for the submission of tenders for
In the event of dispute, the intervention agency shall          the first partial invitation to tender is hereby fixed at
submit the sample in question for inspection and the             14 October 1993 .
costs incurred shall be borne by the losing party.
                                                                2.     The final date for the submission of tenders for the
                         Article 4
                                                                last partial invitation to tender shall expire on
                                                                23 December 1993 .
Notwithstanding Article 5 ( 1 ) of Regulation (EEC)
No 2131 /93, the highest bid exceeding the minimum
price of ECU 130 per tonne shall be accepted. The               3. Tenders must be lodged with the Italian interven­
minimum price shall be raised by monthly increases, to          tion agency :
be applied to the intervention price as laid down in            Azienda di Stato per gli interventi nel mercato agricolo
Council Regulation (EEC) No 1542/93 (*).                        (AIMA),
                                                                Via Palestro, 81 ,
                         Article 5
                                                                1-00100 Roma,
Apart from the endorsements provided for in Regulation          (tel. 49 49 91 ; telex : 62 03 31 ).
(EEC) No 3002/92, box 104 of the T5 control copy must
contain one or more of the following :
— Destinados a la transformación [Reglamento (CEE)                                         Article 7
    n° 2783/931,
— Til forarbejdning (forordning (EØF) nr. 2783/93),             The Italian intervention agency shall communicate to the
— Zur Verarbeitung bestimmt (Verordnung (EWG) Nr.               Commission, at the latest by Tuesday of the week fol­
    2783/93),                                                   lowing the closing date for the submission of tenders, the
                                                                quantity and the average prices of the various lots sold.
— Προοριζόμενο για μεταποίηση [Κανονισμός
    (ΕΟΚ) αριθ. 2783/93],
— For processing (Regulation (EEC) No 2783/93),                                            Article 8
— Destinees a la transformation [règlement (CEE) n0
    2783/93],                                                   This Regulation shall enter into force on the day of its
— Destinate alla trasformazione [regolamento (CEE) n.           publication in the Official Journal of the European
    2783/93],                                                    Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 8 October 1993 .
                                                                          For the Commission
                                                                            Rene STEICHEN
                                                                      Member of the Commission
Q) OJ No L 154, 25. 6. 1993, p. 3.