CELEX: 31991R0800
Language: en
Date: 1991-03-28 00:00:00
Title: Commission Regulation (EEC) No 800/91 of 27 March 1991 on the issuing of a standing invitation to tender for the resale on the Greek domestic market of 150 000 tonnes of barley held by the Greek intervention agency

No L 82/28                                Official Journal of the European Communities                                 28 . 3 . 91
                                        COMMISSION REGULATION (EEC) No 800/91
                                                        of 27 March 1991
                  on the issuing of a standing invitation to tender for the resale on the Greek
                  domestic market of 150 000 tonnes of barley held by the Greek intervention
                                                              agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         barley transferred to Greece in accordance with Regula­
                                                                    tion (EEC) No 3918/90.
Having regard to the Treaty establishing the European
Economic Community,
Having regard to Council Regulation (EEC) No 2727/75                                           Article 2
of 29 October 1975 on the common organization of the
market in cereals (') as last amended by Regulation (EEC)           1 . The sale provided for in Article 1 shall take place in
No 3577/90 (2), and in particular Article 7 (6) thereof,            accordance with the terms of Regulation (EEC) No
Whereas Article 3 of Council Regulation (EEC) No                    1836/82.
1581 /86 of 23 May 1986 laying down general rules for
intervention on the market in cereals (3), as last amended          2.     Notwithstanding :
by Regulation (EEC) No 2203/90 (4), provides that cereals
held by intervention agencies are to be sold by invitation          — Article 13 (1 ) of that Regulation, tenders shall cover
to tender ;                                                              the actual quality of the lot to which the tender
                                                                         relates,
Whereas Commission Regulation (EEC) No 1836/82 (5),
as last amended by Regulation (EEC) No 2619/90 (6), lays            — Article 5 (1 ) of that Regulation, the minimum price to
down the procedure and conditions for the disposal of                    be paid shall be equal to the intervention price for
cereals held by intervention agencies ;                                  barley applying on the closing date for the submission
                                                                         of tenders,
Whereas Council Regulation (EEC) No 3918/90 Q
provides for the transfer to Greece of 1 50 000 tonnes of           — Articles 2 and 12 of that Regulation (EEC) No
barley held by the German intervention agency ; whereas                  1836/82, the minimum period shall be three working
the conditions for the sale of the cereals in question                   days before the first closing date for the submission of
should be laid down ;                                                    tenders.
Whereas these cereals must be disposed of in animal feed
in Greece ; whereas, in order to ensure compliance with
the use and destination thus laid down, the successful                                         Article 3
tenderer must be required to lodge a security and the
conditions for its release must be laid down ; whereas, in           1 . Tenderers shall undertake to process in animal feed
addition, the provisions of Commission Regulation (EEC)             in Greece, by 30 June 1991 at the latest, any products
No 569/88 of 16 February 1988 laying down common                    that they are awarded, unless they are prevented from so
detailed rules for verifying the use and/or destination of          doing by force majeure.
products from intervention ("), as last amended by Regula­
tion (EEC) No 673/91 (9), should apply as regards verifica­
tion of the use and/or destination ;                                2. The successful tenderer shall lodge a security of
                                                                     ECU 20 per tonne with the Greek intervention agency
Whereas the measures provided for in this Regulation are            against discharge of compliance with the conditions laid
in accordance with the opinion of the Management                    down in paragraph 1 . Such security shall be lodged within
Committee for Cereals,                                              two working days at the latest of that on which the notice
                                                                    of award is received.
HAS ADOPTED THIS REGULATION :
                                                                                               Article 4
                              Article 1
                                                                                                     J
The Greek intervention agency shall sell by invitation to            1 . The obligations referred to in Article 3 (1 ) shall be
tender on the Greek domestic market 1 50 000 tonnes of               considered primary requirements within the meaning of
                                                                    Article 20 of Commission Regulation (EEC) No 2220/
(') OJ  No L  281 , 1 . 11 . 1975, p. 1 .                            85 (10). They shall not be considered to have been
O   OJ  No  L 353,  17. 12. 1990 , p. 23.                            discharged until the successful tenderer provides proof :
O   OJ  No  L 139,  24. 5. 1986, p. 36.
(4) OJ  No  L 201 , 31 . 7. 1990 , p. 5 .                           — of disposal of the products in animal feed in Greece,
N OI No L 202. 9 . 7. 1982. D . 23 .
(6) OJ  No  L 249, 12. 9. 1990, p. 8 .                              — that the product has become unfit for any use.
0   OJ  No  L 375, 21 . 12. 1990, p. 5.
O   OJ  No  L 55, 1 . 3 . 1988 , p. 1 .
(9  OJ  No  L 75, 21 . 3 . 1991 , p. 24.                            H OJ No L 205, 3. 8 . 1985, p. 5.
 ---pagebreak--- 28 . 3 . 91                             Official Journal of the European Communities                           No L 82/29
Proof as referred to in the first indent may consist in           3.    Tenders must be lodged with the Greek intervention
particular in proof of incorporation of animal feed.              agency :
                                                                  YDAGEP, Ministry of Agriculture,
Securities for quantities in respect of which proof is not        Domestic Market Directorate,
provided within 12 months of the date of receipt of the           241 Acharnon Street,
statement of award of contracts referred to in Article 1 5 of
                                                                  GR- 10446 Athens.
Regulation (EEC) No 1836/82 shall be forfeit.                     (Telex : 221735 YDAG GR).
2. Regulation (EEC) No 569/88 shall apply in the field                                    Article 6
covered by this Regulation.
                                                                  The Greek intervention agency shall notify the Commis­
                                                                  sion at the latest by Tuesday of the week following the
                           Article 5
                                                                  closing date for the submission of tenders of the quanti­
                                                                  ties and average prices of the various lots sold.
1 . The closing date for the submission of tenders in
response to the first partial invitation to tender shall be                               Article 7
no later than 5 April 1991 .
                                                                  This Regulation shall enter into force on the third day of
2. The closing date for the submission of tenders for             its publication in the Official Journal of the European
the last partial invitation to tender shall be 31 May 1991 .      Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 27 March 1991 .
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                       Member of the Commission