31993R2871

No L 262/32 Official Journal of the European Communities 21 . 10 . 93

COMMISSION REGULATION (EEC) No 2871/93 6f 20 October 1993 on the issue of a standing invitation to tender for the resale on the internal market of 400 000 tonnes of bread-making wheat held by the German intervention agency with a view to its processing in the other Member States

THE COMMISSION OF THE EUROPEAN COMMUNITIES, internal market of 400 000 tonnes of bread-making 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 Commission Regula­ tion (EEC) No 2193/93 (2), and in particular Article 5 — tenderers shall undertake to process the quantities of thereof, bread-making wheat in the other Member States, — processing must be carried out by 31 March 1994 at Whereas Commission Regulation (EEC) No 2131 /93 (3) the latest, except in cases of force majeure, lays down the procedure and conditions for the disposal of cereals held by intervention agencies ; — a security of ECU 20 per tonne shall be lodged by the successful tenderer with the German intervention Whereas, in the present market situation, a standing invi­ agency to ensure that the conditions laid down in the tation to tender should be opened for the resale on the first and second indents are complied with. The secu­ internal market of 400 000 tonnes of bread-making wheat rity shall be lodged at the latest two working days held by the German intervention agency ; following the day on which the statement of the award of contract was received. Whereas the market situation for bread-making wheat is characterized by a severely diminished 1993 harvest and, consequently, by abnormally high prices by comparison Article 2 with the support prices ; whereas no account should be taken therefore of the market price in the appraisal of 1 . The obligations referred to in the first and second tenders, and a minimum price should be fixed in excess indents of Article 1 (2) shall be considered as primary of the intervention price ; requirements within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (6). They shall Whereas, given the lengthy storage period for certain lots be considered as having been fulfilled only if the reoffered for sale on the market, potential buyers should successful tenderer provides proof to that effect. be afforded a degree of security as regards quality ; 2. Proof that the cereals referred to in this Regulation Whereas, moreover, as regards verification, the provisions have been processed shall be furnished in accordance of Commission Regulation (EEC) No 3002/92 of with Regulation (EEC) No 3002/92. 16 October 1992 laying down common detailed rules for verifying the use and/or destination of products from Processing shall be deemed to have taken place when the intervention (4), as last amended by Regulation (EEC) bread-making wheat is delivered to a storehouse located No 1938/93 (*), are applicable ; in another Member State .

Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its Article 3 chairman,

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 German 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 0) OJ No L 181 , 1 . 7. 1992, p. 21 . successful tenderer shall refuse the goods. (2) OJ No L 196, 5. 8 . 1993, p. 22. (3) OJ No L 191 , 31 . 7. 1993, p. 76. (4) 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,

21 . 10. 93 Official Journal of the European Communities No L 262/33

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. 2871 /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? 2871 /931. 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 26 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 21 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 German interven­ price of ECU 125 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 Bundesanstalt für landwirtschaftliche Marktordnung Council Regulation (EEC) No 1 542/93 ('). (BALM), Adickesalle 40, Article 5 D—60322 Frankfurt am Main, Apart from the endorsements provided for in Regulation (telex : 41 14 75, 41 60 44). (EEC) No 3002/92, box 104 of the T 5 control copy must contain one or more of the following : — Destinados a la transformación [Reglamento (CEE) Article 7 n° 2871 /931, — Til forarbejdning (forordning (EØF) nr. 2871 /93) The German intervention agency shall communicate to — Zur Verarbeitung bestimmt (Verordnung (EWG) Nr. the Commission, at the latest by Tuesday of the week fol­ lowing the closing date for the submission of tenders, the 2871 /93), quantity and the average prices of the various lots sold. — Προοριζόμενο για μεταποίηση [Κανονισμός (ΕΟΚ) αριθ. 2871 /93], — For processing (Regulation (EEC) No 2871 /93), Article 8 — Destinees a la transformation [règlement (CEE) n0 2871 /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 2871 /93], Communities.

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

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

/