31991R0800

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 2. The successful tenderer shall lodge a security of tion of the use and/or destination ; 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.

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