CELEX: 31993R2871
Language: en
Date: 1993-10-21
Title: Commission Regulation (EEC) No 2871/93 of 20 October 1993 on the issue of a standing invitation to tender for the resale on the internal market of 400 000 tonnes of bread-making wheat held by the German intervention agency with a view to its processing in the other Member States

No L 262/32                              Official Journal of the European Communities                                21 . 10. 93
                                        COMMISSION REGULATION (EEC) No 2871/93
                                                       6f 20 October 1993
                    on the issue of a standing invitation to tender for the resale on the internal
                    market of 400 000 tonnes of bread-making wheat held by the German
                        intervention agency with a view to its processing in the other Member States
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         internal market of 400 000 tonnes of bread-making 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 Commission Regula­
 tion (EEC) No 2193/93 (2), and in particular Article 5              — tenderers shall undertake to process the quantities of
 thereof,                                                                bread-making 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
                                                                         successful tenderer with the German intervention
Whereas, in the present market situation, a standing invi­               agency to ensure that the conditions laid down in the
 tation to tender should be opened for the resale on the                 first and second indents are complied with. The secu­
 internal market of 400 000 tonnes of bread-making wheat                 rity shall be lodged at the latest two working days
 held by the German intervention agency ;                                following the day on which the statement of the
                                                                         award of contract was received.
Whereas the market situation for bread-making wheat is
characterized by a severely diminished 1993 harvest and,
 consequently, by abnormally high prices by comparison                                         Article 2
with the support prices ; whereas no account should be
taken therefore of the market price in the appraisal of              1 . The obligations referred to in the first and second
 tenders, and a minimum price should be fixed in excess              indents of Article 1 (2) shall be considered as primary
of the intervention price ;                                          requirements within the meaning of Article 20 of
                                                                     Commission Regulation (EEC) No 2220/85 (6). They shall
Whereas, given the lengthy storage period for certain lots           be considered as having been fulfilled only if the
reoffered for sale on the market, potential buyers should           successful tenderer provides proof to that effect.
be afforded a degree of security as regards quality ;
                                                                     2. Proof that the cereals referred to in this Regulation
Whereas, moreover, as regards verification, the provisions           have been processed shall be furnished in accordance
of Commission Regulation (EEC) No 3002/92 of                        with Regulation (EEC) No 3002/92.
 16 October 1992 laying down common detailed rules for
verifying the use and/or destination of products from               Processing shall be deemed to have taken place when the
intervention (4), as last amended by Regulation (EEC)               bread-making wheat is delivered to a storehouse located
No 1938/93 (*), are applicable ;                                    in another Member State.
Whereas the Management Committee for Cereals has not
delivered an opinion within the time limit set by its                                          Article 3
chairman,
                                                                    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 German 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
0)  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.                           (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--- 21 . 10. 93                             Official Journal of the European Communities                           No L 262/33
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. 2871 /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? 2871 /931.
difference.
The successful tenderer may also refuse the goods if they
                                                                                             Article 6
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.
                                                                   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              26 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
                                                                  21 December 1993.
Notwithstanding Article 5 (1 ) of Regulation (EEC)
No 2131 /93, the highest bid exceeding the minimum                3.    Tenders must be lodged with the German interven­
price of ECU 125 per tonne shall be accepted. The                 tion agency :
minimum price shall be raised by monthly increases, to
be applied to the intervention price as laid down in              Bundesanstalt      für   landwirtschaftliche Marktordnung
Council Regulation (EEC) No 1 542/93 (').                         (BALM),
                                                                  Adickesalle 40,
                              Article 5
                                                                  D—60322 Frankfurt am Main,
Apart from the endorsements provided for in Regulation            (telex : 41 14 75, 41 60 44).
(EEC) No 3002/92, box 104 of the T 5 control copy must
contain one or more of the following :
— Destinados a la transformación [Reglamento (CEE)                                           Article 7
     n° 2871 /931,
— Til forarbejdning (forordning (EØF) nr. 2871 /93)               The German intervention agency shall communicate to
— Zur Verarbeitung bestimmt (Verordnung (EWG) Nr.                 the Commission, at the latest by Tuesday of the week fol­
     2871 /93),                                                   lowing the closing date for the submission of tenders, the
— Προοριζόμενο για μεταποίηση [Κανονισμός                         quantity and the average prices of the various lots sold.
     (ΕΟΚ) αριθ. 2871 /93],
— For processing (Regulation (EEC) No 2871 /93),                                             Article 8
— Destinees a la transformation [règlement (CEE) n0
     2871 /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
     2871 /93],                                                    Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 20 October 1993.
                                                                            For the Commission
                                                                              Rene STEICHEN
                                                                        Member of the Commission
(') OJ No L 154, 25. 6. 1993, p. 3 .
                            /