CELEX: 31991R1151
Language: en
Date: 1991-05-04
Title: Commission Regulation (EEC) No 1151/91 of 3 May 1991 opening a standing invitation to tender for the export of 372 000 tonnes of bread-making wheat held by the French intervention agency

No L 112/42                                Official Journal of the European Communities                                  4 . 5 . 91
                                        COMMISSION REGULATION (EEC) No 1151 /91
                                                           of 3 May 1991
                    opening a standing invitation to tender for the export of 372 000 tonnes of
                                bread-making wheat held by the French intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          HAS ADOPTED THIS REGULATION :
 Having regard to the Treaty establishing the European                                         Article 1
 Economic Community,
                                                                     The French intervention agency may, on the conditions
 Having regard to Council Regulation (EEC) No 2727/75                laid down in Regulation (EEC) No 1836/82, open a
 of 29 October 1975 on the common organization of the                standing invitation to tender for the export of 372 000
 market in cereals ('), as last amended by Regulation (EEC)          tonnes of bread-making wheat held by it.
 No 3577/90 (2), and in particular Article 7 (6) thereof,
Whereas Article 3 of Council Regulation (EEC) No                                               Article 2
 1581 /86 of 23 May 1986 laying down general rules for
 intervention on the market in cereals (-'), as amended by            1.   The invitation to tender shall cover a maximum of
 Regulation (EEC) No 2203/90 (4), lays down that cereals             372 000 tonnes of bread-making wheat to be exported to
 held by the intervention agencies are to be disposed of by          all third countries. Customs export formalities must be
 invitation to tender ;                                              completed during the period 1 July to 31 August 1991 .
Whereas Commission Regulation (EEC) No 1 836/82 (5),                 2. The regions in which the 372 000 tonnes of bread­
as last amended by Regulation (EEC) No 2619/90 (6), lays             making wheat are stored are stated in Annex I to this
down the procedure and conditions for the disposal of                Regulation .
cereals held by intervention agencies ;
                                                                                               Article 3
Whereas, given the current market situation, a standing
invitation to tender should be opened for the export at               1 . The export licences shall be valid from their date of
the beginning of the 1991 /92 cereals marketing year of              issue, within the meaning of Article 9 of Regulation
372 000 tonnes of bread-making wheat held by the                     (EEC) No 1836/82, until 31 August 1991 .
 French intervention agency ;
                                                                     2. Tenders submitted in response to this invitation to
Whereas the proposed invitation to tender for the export             tender shall be admissible only if they are accompanied
of intervention stocks is special in that it will be opened          by a written undertaking to export during the period 1
at the end of the marketing year, from May 1991 , but for            July to 31 August 1991 . They may not be accompanied
deliveries which will not be possible until the new mar­             by applications for export licences pursuant to Article 44
keting year between 1 July and 31 August 1991 ; whereas              of Commission Regulation (EEC) No 3719/88 (\
there should therefore be a derogation from the first para­
graph of Article 16 of Regulation (EEC) No 1836/82,
which provides for a maximum delay of one month                                                Article 4
between acceptance of the tender and payment and also a
derogation from the second paragraph of Article 16 of the            1.    Notwithstanding Article 7 ( 1 ) of Regulation (EEC)
said Regulation, application of which would have led to              No 1836/82, the time limit for submission of tenders
the price accepted already being increased by monthly                under the first partial invitation to tender shall expire on
increments for the removal of the wheat from the inter­
                                                                     15 May 1991 at 1 p.m. (Brussels time).
vention store in July, whereas export was not scheduled
previously ;                                                         2.    The time limit for submission of tenders under the
                                                                     subsequent partial invitations to tender shall expire each
Whereas the measures provided for in this Regulation are             Wednesday at 1 p.m . (Brussels time).
in accordance with the opinion of the Management
Committee for Cereals,                                               3.    The last partial invitation to tender shall expire on
                                                                     26 June 1991 at 1 p.m. (Brussels time).
(') OJ  No  L 281 ,  1 . 11 . 1975, p. 1 .
(2) OJ  No  L 353 ,  17. 12. 1990, p. 23.                            4.    The tenders shall be lodged with the French inter­
(J) OJ  No  L 139 ,  24. 5. 1986, p. 36.                             vention agency.
(4) OJ  No  L 201 ,  31 . 7. 1990, p. 5.
(5) OJ  No  L 202,   9. 7. 1982, p. 23 .
M OJ No L 249, 12. 9. 1990, p. 8.                                    0 OJ No L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak--- 4 . 5 . 91                           Official Journal of the European Communities                            No L 112/43
                         Article 5                             said Regulation shall not be released until proof is
                                                               furnished that the export has taken place during the
The successful tenderer shall pay for the cereals before       period 1 July to 31 August 1991 .
they are removed. Notwithstanding the first paragraph of
Article 16 of Regulation (EEC) No 1836/82, the time
limit of one month between the date on which the state­
                                                                                        Article 7
ment referred to in Article 15 of the said Regulation is
sent and payment shall not be applicable.                      The French intervention agency shall notify the Commis­
Notwithstanding the second paragraph of Article 16 of          sion of the tenders received not later than two hours after
Regulation (EEC) No 1836/82, the price payable for             expiry of the time limit for the submission thereof. Noti­
export shall be that mentioned in the tender where the         fication shall be given as specified in the table in Annex
cereals are removed in July 1991 . The price shall be          II to this Regulation .
increased by a monthly increment where the cereals are
removed in August 1991 .
                                                                                        Article 8
                         Article 6
                                                               This Regulation shall enter into force on the day
Notwithstanding Article 17 (3) of Regulation (EEC) No          following its publication in the Official Journal of the
1836/82, the security referred to in Article 8 (2) (c) of the  European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 3 May 1991 .
                                                                         For the Commission
                                                                          Ray MAC SHARRY
                                                                     Member of the Commission
 ---pagebreak--- No L 112/44                              Official Journal of the European Communities                                     4 . 5 . 91
                                                                 ANNEX I
                                                                                                   (tonnes)
                                              Place of storage                         Quantity
                                   Amiens                                                  2 500
                                   Chalons                                                 1 500
                                   Dijon                                                   5 500
                                   Lille                                                 19 500
                                   Montpellier                                             5 000
                                   Nancy                                                   3 500
                                   Nantes                                                20 000
                                   Orleans                                             140 000
                                   Paris                                                 80 000
                                   Rouen                                                 95 000
                                                                ANNEX 11
          Standing invitation to tender for the export of 372 000 tonnes of bread-making wheat held by the
                                                       French intervention agency
                                                      (Regulation (EEC) No 1151 /91 )
                    1               2                 3                4                 5              6          7
                                                                                 Price increases
                Tender        Consignment        Quantity        Offer price         ( + ) or     Commercial
                                                                (ECU/tonne)        reductions         costs   Destination
                  No               No             (tonnes)
                                                                      (')              (-)        (ECU/tonne)
                                                                                  (ECU/tonne)
                    1
                   2
                   3
                  etc.
          (') This price includes the increases or reductions relating to the lot to which the tender refers.