31993R2781

9 . 10 . 93 Official Journal of the European Communities No L 252/ 13

COMMISSION REGULATION (EEC) No 2781 /93 of 8 October 1993 on the opening of a standing invitation to tender for the resale on the internal market of 200 000 tonnes of durum wheat held by the Italian intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Via Palesstro 81 , 1-00100 Rome, Having regard to the Treaty establishing the European Economic Community, (tel. 49 49 91 ; telex : 62 03 31 ).

Having regard to Council Regulation (EEC) No 1766/92 Article 3 of 30 June 1992 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) When the successful tenderer removes the cereals from No 2193/93 (2), and in particular 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 situation, a standing invitation to If the analysis shows a sizeable difference between the tender should be opened for the resale on the internal quality of the cereals removed and the quality as market of 200 000 tonnes of durum wheat held by the described in the notice of invitation to tender, referred to Italian intervention agency ; in Article 3 of Regulation (EEC) No 2131 /93, the successful tenderer may refuse the goods. Whereas the market situation for durum wheat is charac­ terized by a severely diminished 1993 harvest and, conse­ A difference of more than one percentage point in respect quently, by abnormally high prices by comparison with of one of the impurities referred to in the Annex to Regu­ the support prices ; whereas no account should be taken lation (EEC) No 689/92, with the exception of broken therefore of the market price in the appraisal of tenders, grains or mottled grains, shall be considered a sizeable and a minimum price should be fixed in excess of the difference . 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, reoffered 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 Management Committee for Cereals has not submit the sample in question for inspection and the delivered an opinion within the time limit set by its costs incurred shall be borne by the losing party. chairman,

Article 4 HAS ADOPTED THIS REGULATION : Notwithstanding Article 5 (1 ) of Regulation (EEC) Article 1 No 2131 /93, the highest bid exceeding the minimum price of ECU 130 per tonne shall be accepted. The The Italian intervention agency shall, under the terms minimum price shall be raised by monthly increases, to specified in Regulation (EEC) No 2131 /93, initiate a stan­ be applied to the intervention prices as laid down in ding invitation to tender for the resale on the internal Council Regulation (EEC) No 1542/93 market of 200 000 tonnes of durum wheat held by it.

Article 2 Article 5 1 . The deadline for the submission of tenders for the The Italian intervention agency shall notify the Commis­ first partial invitation to tender shall be 14 October 1993. sion, by no later than the Tuesday of the week following 2. The deadline for the submission of tenders for the the expiry of the deadline for the submission of tenders, of the quantity and the average prices of the different lots final partial invitation to tender shall be 23 December 1993. sold.

3. The tenders shall be deposited with the Italian inter­ Article 6 vention agency : Azienda di Stato per gli interventi nul mercato agricolo This Regulation shall enter into force on the day of its (AIMA), 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. 0 OJ No L 154, 25. 6. 1993, p. 3.

No L 252/ 14 9 . 10 . 93 Official Journal of the European Communities

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