31993R2747

6. 10 . 93 Official Journal of the European Communities No L 248 / 13

COMMISSION REGULATION (EEC) No 2747/93 of 5 October 1993 on the opening of a standing invitation to tender for the results on the internal market of 40 000 tonnes of bread-making wheat held by the German intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Bundesanstalt für landwirtschaftliche Marktordnung (BALM), Having regard to the Treaty establishing the European Adickesallee 40, Economic Community, D-60322 Frankfurt am Main, Having regard to Council Regulation (EEC) No 1766/92 (telex 41 17 27 ; fax (069)1564791 ). of 30 June 1992 on the common organization of the market in cereals ('), as last amended by Commission Article 3 Regulation (EEC) No 2193/93 (2), and in particular When the successful tenderer removes the cereals from Article 5 thereof, intervention, the intervention agency shall, for cross­ Whereas Commission Regulation (EEC) No 2131 /93 (3) checking purposes, take a sample using the same method lays down the procedures and conditions governing the as that laid down in Commission Regulation (EEC) offer for sale of cereals held by intervention agencies ; No 689/92 (4).

Whereas, in the present market situation, a standing invi­ If the analysis shows a sizeable difference between the tation to tender should be opened for the resale on the quality of the cereals removed and the quality as internal market of 40 000 tonnes of bread-making wheat described in the notice of invitation to tender, referred to held by the German intervention agency ; in Article 3 of Regulation (EEC) No 2131 /93, the Whereas the market situation for bread-making wheat is successful tenderer may refuse the goods. characterized by a severely diminished 1993 harvest and, A difference of more than one percentage point in respect consequently, by abnormally high prices by comparison of one of the impurities referred to in the Annex to Regu­ with the support prices ; whereas no account should be lation (EEC) No 689/92, with the exception of broken taken therefore of the market price in the appraisal of grains or mottled grains, shall be considered a sizeable tenders, and a minimum price should be fixed in excess difference. of the intervention price ; The successful tenderer may also refuse the goods if they Whereas, given the lengthy storage period for certain lots do not correspond to the criteria set out in sections A, C, re-offered for sale on the market, potential buyers should E, F and G of the Annex to Regulation (EEC) No 689/92. be afforded a degree of security as regards quality ; In the event of dispute, the intervention agency shall Whereas the measures provided for in this Regulation are submit the sample in question for inspection and the in accordance with the opinion of the Management costs incurred shall be borne by the losing party. Committee for Cereals, Article 4 HAS ADOPTED THIS REGULATION : Notwithstanding Article 5 (1 ) of Regulation (EEC) Article 1 No 2131 /92, the highest bid exceeding the minimum price of ECU 130 per tonne shall be accepted. The The German intervention agency shall, pursuant to the minimum price shall be raised by monthly increases, to terms specified in Regulation (EEC) No 2131 /93, initiate be applied to the intervention price as laid down in a standing invitation to tender for the resale on the Council Regulation (EEC) No 1 542/93 (*). internal market of 40 000 tonnes of bread-making wheat held by it. Article 5

Article 2 The German intervention agency shall notify the Commission, by no later than the Tuesday of the week 1 . The deadline for the submission of tenders for the following the expiry of the deadline for the submission of first - partial invitation to tender shall be 12 October 1993. tenders, of the quantity and the average prices of the different lots sold. 2. The deadline for the submission of tenders for the final partial invitation to tender shall be 21 December 1993 . Article 6 3. The tenders shall be deposited with the German This Regulation shall enter into force on the day of its intervention agency publication in the Official Journal of the European Communities.

(') OJ No L 181 , 1 . 7. 1992, p. 21 . (2) OJ No L 196, 5. 8 . 1993, p. 22. (4) OJ No L 74, 20. 3. 1992, p. 18 . (3) OJ No L 191 , 31 . 7. 1993, p. 76. O OJ No L 154, 25. 6. 1993, p. 3 .

No L 248/ 14 Official Journal of the European Communities 6. 10 . 93

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 5 October 1993.

For the Commission Rene STEICHEN Member of the Commission