31993R2783

9 . 10 . 93 Official Journal of the European Communities No L 252/ 17

COMMISSION REGULATION (EEC) No 2783/93 of 8 October 1993 on the issue 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 with a view to its processing in the other Member States

THE COMMISSION OF THE EUROPEAN COMMUNITIES, internal market of 200 000 tonnes of durum 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 Regulation (EEC) No 2193/93 (2), and in particular Article 5 thereof, — tenderers shall undertake to process the quantities of durum 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 intervention agency to Whereas, in the present market situation, a standing invi­ ensure that the conditions laid down in the first and tation of tender should be opened for the resale on the internal market of 200 000 tonnes of durum wheat held second indents are complied with. The security shall be lodged at the latest two working days following the by the Italian intervention agency ; day on which the statement of the award of contract was received. Whereas the market situation for durum wheat is charac­ terized by a severely diminished 1993 harvest and, conse­ quently, by abnormally high prices by comparison with Article 2 the support prices ; whereas no account should be taken therefore of the market price in the appraisal of tenders, and a minimum price should be fixed in excess of the 1 . The obligations referred to in the first and second intervention price ; indents of Article 1 (2) shall be considered as primary requirements within the meaning of Article 20 of Whereas, given the lengthy storage; period for certain lots Commission Regulation (EEC) No 2220/85 (6). They shall reoffered for sale on the market, potential buyers should be considered as having been fulfilled only if the be afforded a degree of security as regards quality ; successful tenderer provides proof to that effect.

Whereas, moreover, as regards verification, the provisions 2. Proof that the cereals referred to in this Regulation of Commission Regulation (EEC) No 3002/92 of have been processed shall be furnished in accordance 16 October 1992 laying down common detailed rules for with Regulation (EEC) No 3002/92. verifying the use and/or destination of products from intervention (4), as last amended by Regulation (EEC) Processing shall be deemed to have taken place when the durum wheat is delivered to a storehouse located in No 1938/93 (*), are applicable ; another Member State . Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman, Article 3

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 Italian 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 (') OJ No L 181 , 1 . 7. 1992, p. 21 . successful tenderer shall refuse the goods. (4 OJ No L 196, 5. 8. 1993, p. 22. (3) OJ No L 191 , 31 . 7. 1993, p. 76. 0 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 .

No L 252/ 18 Official Journal of the European Communities 9. 10. 93

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. 2783/93), 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? 2783/93]. 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 14 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 23 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 Italian interven­ price of ECU 130 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 Azienda di Stato per gli interventi nel mercato agricolo Council Regulation (EEC) No 1542/93 (*). (AIMA), Via Palestro, 81 , Article 5 1-00100 Roma, Apart from the endorsements provided for in Regulation (tel. 49 49 91 ; telex : 62 03 31 ). (EEC) No 3002/92, box 104 of the T5 control copy must contain one or more of the following : — Destinados a la transformación [Reglamento (CEE) Article 7 n° 2783/931, — Til forarbejdning (forordning (EØF) nr. 2783/93), The Italian intervention agency shall communicate to the — Zur Verarbeitung bestimmt (Verordnung (EWG) Nr. Commission, at the latest by Tuesday of the week fol­ lowing the closing date for the submission of tenders, the 2783/93), quantity and the average prices of the various lots sold. — Προοριζόμενο για μεταποίηση [Κανονισμός (ΕΟΚ) αριθ. 2783/93], — For processing (Regulation (EEC) No 2783/93), Article 8 — Destinees a la transformation [règlement (CEE) n0 2783/93], 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 2783/93], 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 Rene STEICHEN Member of the Commission

Q) OJ No L 154, 25. 6. 1993, p. 3.