Commission Regulation (EEC) No 2131/93 of 28 July 1993 laying down the procedure and conditions for the sale of cereals held by intervention agencies
Modified by
Commission Regulation (EC) No 120/94of 25 January 1994amending Regulation (EEC) No 1533/93 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals, and amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of cereals held by intervention agencies, 31994R0120, January 26, 1994
Commission Regulation (EC) No 2193/96of 15 November 1996amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of cereals held by intervention agencies, 31996R2193, November 16, 1996
Commission Regulation (EC) No 39/1999of 8 January 1999amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of cereals held by intervention agencies, 31999R0039, January 9, 1999
Commission Regulation (EC) No 1630/2000of 25 July 2000amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of cereals held by intervention agencies, 32000R1630, July 26, 2000
Commission Regulation (EC) No 777/2004of 26 April 2004adapting several regulations concerning the cereal market by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union, 32004R0777, April 27, 2004
Commission Regulation (EC) No 2045/2004of 29 November 2004amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of cereals held by intervention agencies, 32004R2045, November 30, 2004
Commission Regulation (EC) No 749/2005of 18 May 2005amending Regulation (EEC) No 2131/93 fixing the procedure and conditions for the taking over of cereals by intervention agencies, 32005R0749, May 19, 2005
Commission Regulation (EC) No 1465/2006of 3 October 2006amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of cereals held by intervention agencies, 32006R1465, October 4, 2006
Commission Regulation (EC) No 1996/2006of 22 December 2006adapting several Regulations concerning the cereals market by reason of the accession of Bulgaria and Romania to the European Union, 32006R1996, December 30, 2006
Commission Regulation (EC) No 367/2007of 30 March 2007amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of cereals held by intervention agencies, 32007R0367, March 31, 2007
Commission Regulation (EC) No 127/2009of 12 February 2009laying down the procedure and conditions for the sale of cereals held by paying agencies or intervention agencies(Codified version), 32009R0127, February 13, 2009
Corrected by
Corrigendum to Commission Regulation (EEC) No 2131/93 of 28 July 1993 laying down the procedure and conditions for the sale of cereals held by intervention agencies, 31993R2131R(01), January 20, 1995
Commission Regulation (EEC) No 2131/93of 28 July 1993laying down the procedure and conditions for the sale of cereals held by intervention agenciesTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community,Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cerealsOJ No L 181, 1. 7. 1992, p. 21., and in particular Article 5 thereof,Whereas cereals may be bought in by intervention agencies either under compulsory intervention measures as provided for in Article 4 of Regulation (EEC) No 1766/92 or under special intervention measures as referred to in Article 6 of that Regulation;Whereas cereals held by the intervention agencies must be sold without any discrimination between Community purchasers; whereas in principle invitations to tender permit that objective to be achieved; whereas, however, in certain cases it must be possible to use other methods of sale;Whereas, to ensure that all interested parties in the Community are treated equally, notices of invitation to tender must be published in the Official Journal of the European Communities and a reasonable time must elapse between the date of such publication and the first closing date for the submission of tenders; whereas, however, such publicity is necessary for quantities of less than 2000 tonnes;Whereas sale on the internal market must take place at prices which do not disturb the market; whereas that aim can be achieved if the selling price is equal to the local market price, account being taken of the quality put up for sale by tender, without being below a given level in relation to the intervention price; whereas in certain cases observing such a price level may not be in the interests of sound management of the market or of the intervention arrangements and may result in disturbance in the way the market organization functions; whereas provision should therefore be made for the possibility of disposing of intervention stocks and special prices in such cases;Whereas, in addition, the purchase on the market of cereals particularly suited to certain uses may be especially difficult; whereas provision should therefore be made for the possibility of facilitating the supply of that market from intervention stocks; whereas, however, that possibility must be restricted to exceptional cases;Whereas the sale of cereals for export must take place at prices to be determined in each case in the light of market trends and requirements; whereas such sales must not however, lead to distortions to the detriment of exports from the open market; whereas a minimum selling price should therefore be fixed by the Commission on the basis of tenders submitted;Whereas the minimum selling price is to be established by the Commission in the light of all the relevant data available on the day on which tenders are submitted; whereas, in order to prevent speculation and ensure identical conditions for all concerned in the invitation to tender, tenders must be accompanied by an application for advance fixing of the export refund;Whereas tenders for different lots are comparable one with another only where they relate to cereals in identical situations; whereas cereals put up for tender are stored in different places; whereas comparability may be better ensured by reimbursing to the successful tenderer the lowest costs of transport from the place where the cereals in question are stored and the place of exit; whereas, however, for budgetary reasons, such reimbursement can only be made in respect of the place of exit which can be reached at the lowest cost; whereas that place must be determined by reference to its facilities for exporting cereals;Whereas invitations to tender can take place properly only if those concerned submit genuine tenders; whereas that objective can be achieved by requiring that a security be paid, to be released on payment of the selling price within the time limit laid down;Whereas, in the case of invitations to tender for export, steps must be taken to ensure that the cereals are not put back on the Community market; whereas that risk exists if the selling price is less than the minimum price to be observed in the case of resale on the internal market; whereas provision should accordingly be made in such cases for the lodging of a second security, which must be equal to the difference between the selling price and that minimum price; whereas, as a consequence, that security can be released only if the successful tenderer intending to export the cereals provides the proof referred to in Article 18 of Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural productsOJ No L 351, 14. 12. 1987, p. 1., as last amended by Regulation (EEC) No 1708/93OJ No L 159, 1. 7. 1993, p. 77.;Whereas, in order to ensure that intervention stocks are disposed of rapidly and as far as possible in line with commercial practice, a certain time limit should be laid down in respect of the rights and obligations deriving from the award;Whereas Commission Regulation (EEC) No 1836/82 of 7 July 1982 laying down the procedure and conditions for the disposal of cereals held by intervention agenciesOJ No L 202, 9. 7. 1982, p. 23., as last amended by Regulation (EEC) No 966/93OJ No L 98, 24. 4. 1993, p. 25., has been amended on numerous occasions; whereas, for the sake of clarity, it should be replaced;Whereas it is necessary for all sales effected during the 1993/94 marketing year to be treated in the same manner;Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,HAS ADOPTED THIS REGULATION: