CELEX: 31993R2784
Language: en
Date: 1993-10-09 00:00:00
Title: Commission Regulation (EEC) No 2784/93 of 8 October 1993 on the issue of a standing invitation to tender for the resale on the internal market of 100 000 tonnes of durum wheat held by the Greek 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/ 19
                                      COMMISSION REGULATION (EEC) No 2784/93
                                                       of 8 October 1993
                   on die issue of a standing invitation to tender for the resale on the internal
                   market of 100 000 tonnes of durum wheat held by the Greek intervention agency
                                with a view to its processing in the other Member States
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         market of 100 000 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 (i), 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 100 000 tonnes of durum wheat held                  second indents are complied with. The security shall
 by the Greek 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 ^), 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 n.
                             Article 1
                                                                   If the analysis shows a sizeable difference between the
1 . The Greek intervention agency shall issue a standing           quality of the cereals removed and the quality as
invitation to tender for the redisposal on the internal            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.
(2) OJ  No  L 196,  5. 8. 1993, p. 22.
(3) OJ  No  L 191 , 31 . 7. 1993, p. 76.
(4) OJ  No  L 301 , 17. 10. 1992, p. 17.                           0 OJ No L 205, 3. 8. 1985, p. 5.
O   OJ  No  L 176,  20. 7. 1993, p. 12.                            0 OJ No L 74, 20 . 3. 1992, p. 18 .
 ---pagebreak--- No L 252/20                           Official Journal of the European Communities                                 9 . 10 . 93
A difference of more than one percentage point in respect        — Destinate alla trasformazione [regolamento (CEE) n.
of one of the impurities referred to in the Annex to Regu­            2784/931
lation (EEC) No 689/92, with the exception of broken             — Bestemd om te worden verwerkt (Verordening (EEG)
grains or mottled grains, shall be considered a sizeable              nr. 2784/93),
difference.
                                                                 — Destinadas a transformação [Regulamento (CEE)
The successful tenderer may also refuse the goods if they             n? 2784/931.
do not correspond to the criteria set out in sections A, C,
E, F and G of the Annex to Regulation (EEC) No 689/92.
                                                                                           Article 6
In the event of dispute, the intervention agency shall
submit the sample in question for inspection and the             1 . The closing date for the submission of tenders for
costs incurred shall be borne by the losing party.               the first partial invitation to tender is hereby fixed at
                                                                 14 October 1993 .
                          Article 4
                                                                 2.    The final date for the submission of tenders for the
Notwithstanding Article 5 (1 ) of Regulation (EEC)               last partial    invitation to tender shall expire on
No 2131 /93, the highest bid exceeding the minimum               23 December 1993.
price of ECU 130 per tonne shall be accepted. The
minimum price shall be raised by monthly increases, to           3.    Tenders must be lodged with the Greek intervention
be applied to the intervention price as laid down in             agency :
Council Regulation (EEC) No 1542/93 (').                         DYDAGEP,
                          Article 5
                                                                 241 , Acharnon St, GR-10446 Athens,
                                                                 (telex : 22 17 35 YDAG GR).
Apart from the endorsements provided for in Regulation
(EEC) No 3002/92, box 104 of the T5 control copy must
contain one or more of the following :                                                     Article 7
— Destinados a la transformación [Reglamento (CEE)               The Greek intervention agency shall communicate to the
     n° 2784/931,                                                Commission, at the latest by Tuesday of the week fol­
— Til forarbejdning (forordning (EØF) nr. 2784/93),              lowing the closing date for the submission of tenders, the
— Zur Verarbeitung bestimmt (Verordnung (EWG) Nr.                quantity and the average prices of the various lots sold.
     2784/93),
— Προοριζόμενο για μεταποίηση [Κανονισμός                                                  Article 8
     (EOK) αριθ. 2784/93],
— For processing (Regulation (EEC) No 2784/93),                  This Regulation shall enter into force on the day of its
— Destinées à la transformation [règlement (CEE) n0              publication in the Official Journal of the European
     2784/931                                                    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
(') OJ No L 154, 25. 6. 1993, p. 3.