31993R2870

No L 262/30 Official Journal of the European Communities 21 . 10 . 93

COMMISSION REGULATION (EEC) No 2870/93 of 20 October 1993 on the opening of a standing invitation to tender for the resale on the internal market of 200 000 tonnes of bread-making wheat held by the French intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Office national interprofessionnel des céréales (ONIC), 21 , avenue Bosquet, Having regard to the Treaty establishing the European F-75326 Panx Cedex 07, Economic Community, (telex OFIBLE A 27807 F). Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the Article 3 market in cereals ('), as amended by Commission Regula­ tion (EEC) No 2193/93 (2), and in particular Article 5 When the successful tenderer removes the cereals from thereof, intervention, the intervention agency shall, for cross­ checking purposes, take a sample using the same method Whereas Commission Regulation (EEC) No 2131 /93 (3) as that laid down in Commission Regulation (EEC) lays down the procedures and conditions governing the No 689/92 (4). offer for sale of cereals held by intervention agencies ; If the analysis shows a sizeable difference between the Whereas, in the present market situation, a standing invi­ quality of the cereals removed and the quality as tation to tender should be opened for the resale on the described in the notice of invitation to tender, referred to internal market of 200 000 tonnes of bread-making wheat in Article 3 of Regulation (EEC) No 2131 /93, the held by the French intervention agency ; successful tenderer may refuse the goods. Whereas the market situation for bread-making wheat is 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 grains or mottled grains, shall be considered a sizeable taken therefore of the market price in the appraisal of difference. tenders, and a minimum price should be fixed in excess 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, 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) No 2131 /93, the highest bid exceeding the minimum Article 1 price of ECU 125 per tonne shall be accepted. The The French 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 1542/93 (5). internal market of 200 000 tonnes of bread-making wheat held by it. Article 5

Article 2 The French intervention agency shall notify the Commis­ sion, by no later than the Tuesday of the week following 1 . The deadline for the submission of tenders for the the expiry of the deadline for the submission of tenders, first partial invitation to tender shall be 26 October 1993. 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 French 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 . 0 OJ No L 191 , 31 . 7. 1993, p. 76. 0 OJ No L 154, 25. 6. 1993, p. 3.

21 . 10 . 93 Official Journal of the European Communities No L 262/31

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

Done at Brussels, 20 October 1993.

For the Commission Rene STEICHEN Member of the Commission