31993R3185

No L 285/ 18 Official Journal of the European Communities 20 . 11 . 93

COMMISSION REGULATION (EC) No 3185/93 of 19 November 1993 on the opening of a standing invitation to tender for the resale on the internal market of 40 000 tonnes of bread-making wheat held by the Belgian intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Office beige de 1 économie et de 1 agriculture (OBEA)/ Belgische Dienst voor Bedrijfsleven en Landbouw Having regard to the Treaty establishing the European (BDDL), rue de Trèves 82/Trierstaat 82, B-1040 Community, Bruxelles/Brussel (télex : OBEA 24076, 65567 ; telefax : Having regard to Council Regulation (EEC) No 1766/92 230 25 33). of 30 June 1992 on the common organization of the market in cereals ('), as amended by Commission Regula­ Article 3 tion (EEC) No 2193/93 (2), and in particular Article 5 thereof, When the successful tenderer removes the cereals from intervention, the intervention agency shall, for cross­ Whereas Commission Regulation (EEC) No 2131 /93 (J) 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 market situation, a standing invi­ tation to tender should be opened for the resale on the If the analysis shows a sizeable difference between the internal market of 40 000 tonnes of bread-making wheat quality of the cereals removed and the quality as described in the notice of invitation to tender, referred to held by the Belgian intervention agency ; in Article 3 of Regulation (EEC) No 2131 /93, the Whereas the market situation for bread-making wheat is successful tenderer may refuse the goods. characterized by a severely diminished 1993 harvest and, consequently, by abnormally high prices by comparison A difference of more than one percentage point in respect with the support prices ; whereas no account should be of one of the impurities referred to in the Annex to Regu­ taken therefore of the market price in the appraisal of lation (EEC) No 689/92, with the exception of broken tenders, and a minimum price should be fixed in excess grains, shall be considered a sizeable difference. 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, E reoffered for sale on the market, potential buyers should 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 measures provided for in this Regulation are submit the sample in question for inspection and the in accordance with the opinion of the Management costs incurred shall be borne by the losing party. Committee for Cereals, Article 4 HAS ADOPTED THIS REGULATION : Notwithstanding Article 5 ( 1 ) of Regulation (EEC) Article / No 2131 /93, the highest bid exceeding the minimum price of ECU 125 per tonne shall be, accepted. The The Belgian 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 1 542/93 Q. internal market of 40 000 tonnes of bread-making wheat held by it. Article 5 Article 2 The Belgian intervention agency shall notify the 1 . The deadline for the submission of tenders for the Commission, by no later than the Tuesday of the week first partial invitation to tender shall be 30 November following the expiry of the deadline for the submission of 1993 . tenders, 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 Belgian 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. 0 OJ No L 74, 20 . 3. 1992, p. 18 . 0 OJ No L 191 , 31 . 7. 1993, p. 76. Ò OJ No L 154, 25. 6. 1993, p. 3.

20 . 11 . 93 Official Journal of the European Communities No L 285/ 19

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

Done at Brussels, 19 November 1993 .

For the Commission Rene STEICHEN Member of the Commission