31993R2780

9 . 10 . 93 Official Journal of the European Communities No L 252/ 11

COMMISSION REGULATION (EEC) No 2780/93 of 8 October 1993 on the opening of a standing invitation to tender for the resale on the internal market of 50 000 tonnes of durum wheat held by the Spanish intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Servicio Nacional de Productos Agrarios, (SENPA) c/Beneficiencia 8, Having regard to the Treaty establishing the European E-28004 Madrid, Economic Community, (telex : 41 818, 23 427 SENPA E ; telefax : 521 98 32, Having regard to Council Regulation (EEC) No 1766/92 522 43 87). of 30 June 1992 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) Article 3 No 2193/93 (2), and in particular Article 5 thereof, When the successful tenderer removes the cereals from Whereas Commission Regulation (EEC) No 2131 /93 (3) intervention, the intervention agency shall, for cross­ lays down the procedures and conditions governing the checking purposes, take a sample using the same method offer for sale of cereals held by intervention agencies ; as that laid down in Commission Regulation (EEC) No 689/92 (4). Whereas, in the present situation, a standing invitation to tender should be opened for the resale on the internal If the analysis shows a sizeable difference between the market of 50 000 tonnes of durum wheat held by the quality of the cereals removed and the quality as Spanish intervention agency ; described in the notice of invitation to tender, referred to in Article 3 of Regulation (EEC) No 2131 /93, the Whereas the market situation for durum wheat is charac­ successful tenderer may refuse the goods. terized by a severely diminished 1993 harvest and, conse­ quently, by abnormally high prices by comparison with A difference of more than one percentage point in respect the support prices ; whereas no account should be taken of one of the impurities referred to in the Annex to Regu­ therefore of the market price in the appraisal of tenders, lation (EEC) No 689/92, with the exception of broken and a minimum price should be fixed in excess of the grains or mottled grains, shall be considered a sizeable intervention price ; difference . Whereas, given the lengthy storage period for certain lots The successful tenderer may also refuse the goods if they do not correspond to the criteria set out in sections A, C, reoffered for sale on the market, potential buyers, should be afforded a degree of security as regards quality ; E, F and G of the Annex to Regulation (EEC) No 689/92. Whereas the Management Committee for Cereals has not In the event of dispute, the intervention agency shall submit the sample in question for inspection and the delivered an opinion within the time limit set by its chairman, costs incurred shall be borne by the losing party.

Article 4 HAS ADOPTED THIS REGULATION : Notwithstanding Article 5 (1 ) of Regulation (EEC) No 2131 /93, the highest bid exceeding the minimum Article 1 price of ECU 130 per tonne shall be accepted. The minimum price shall be raised by monthly increases, to The Spanish intervention agency shall, under the terms be applied to the intervention prices as laid down in specified in Regulation (EEC) No 2131 /93, initiate a stan­ Council Regulation (EEC) No 1 542/93 (*). ding invitation to tender for the resale on the internal market of 50 000 tonnes of durum wheat held by it. Article 5 Article 2 The Spanish 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 14 October 1993. tenders, of the quantity and the average prices of the 2. The deadline for the submission of tenders for the different lots sold. final partial invitation to tender shall be 23 December 1993 . Article 6 3. The tenders shall be deposited with the Spanish This Regulation shall enter into force on the day of its intervention agency : SENPA 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. 0 OJ No L 74, 20. 3 . 1992, p. 18 . 0 OJ No L 191 , 31 . 7. 1993, p. 76. 0 OJ No L 154, 25. 6. 1993, p. 3 .

No L 252/ 12 Official Journal of the European Communities 9 . 10 . 93

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

Done at Brussels, 8 October 1993.

For the Commission René STEICHEN Member of the Commission