CELEX: 
Language: en
Date: 1976-03-09 00:00:00
Title: Commission Decision of 26 February 1976 on the opening of a standing invitation to tender for the export of 400 000 metric tons of common wheat held by the French intervention agency

9 . 3 . 76                                 Official Journal of the European Communities                             No L 61 /29
                                                     COMMISSION DECISION
                                                         of 26 February 1976
               on the opening of a standing invitation to tender for the export of 400 000
                     metric tons of common wheat held by the French intervention agency
                                                   (Only the French text is authentic)
                                                             (76/28 5/EEC)
THE COMMISSION OF THE EUROPEAN                                         makes provision for the fixing of an export levy ;
COMMUNITIES,                                                           whereas such a levy may be subject to advance fixing
                                                                       under Article 3 (4) thereof ;
Having regard to the Treaty establishing the European
Economic Community,                                                    Whereas a proper assessment of a tender can only be
                                                                       made if the tender is tied in with the export levy appli­
Having regard to Council Regulation (EEC) No                           cable on the day on which it is lodged ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals (1), as amended by Regula­               Whereas to this end the rules of Article 5 (5) of Regu­
tion (EEC) No 3058 /75 (2), and in particular Article                  lation (EEC) No 376/70 together with all other provi­
7 (5) thereof,                                                         sions applicable in such cases should be applied
Having regard to Commission Regulation (EEC) No                        mutatis mutandis to export levies ;
376/70 of 27 February 1970 laying down the proce­
dure and conditions for the disposal of cereals held by                Whereas, by way of derogation, the period of validity
                                                                       for licences issued under this invitation to tender
the intervention agencies (3), as last amended by Regu­
lation (EEC) No 1 29/73 (4), and in particular Article                 should be the month of issue plus four months ;
5 ( 1 ) and (7) thereof,
                                                                       Whereas the measures provided for in this Decision
Whereas the French Republic in its communication                       are in accordance with the opinion of the Manage­
of 27 January 1976 informed the Commission that                        ment Committee for Cereals,
the French intervention agency intended to issue an
invitation to tender for the export of 400 000 metric
tons of common wheat ;
                                                                       HAS ADOPTED THIS DECISION :
Whereas the 400 000 metric tons of common wheat
to be put up for tender will be exported from points
of exit specified by the tenderers ; whereas the                                               Article 1
common wheat in question is stored elsewhere ;
whereas the French intervention agency, in order to                    The French intervention agency may, in accordance
place all tenderers on the same competitive footing,                   with the provisions hereinafter set out, open a
should sell it at a uniform price ; whereas the interven­              standing invitation to tender for the export of
tion agency must accordingly bear the cost of trans­                   common wheat held by it.
port from the place of storage to the points of exit
specified ;
                                                                                               Article 2
Whereas under Article 5 (5) of Regulation (EEC) No
376/70 it may be provided that a tender shall only be                  1.    The invitation to tender shall relate to a quantity
valid if it is accompanied by an application for an                    of 400 000 metric tons of common wheat.
export licence and by an application for advance
fixing of the refund for the destination in question ;                 2.    The places in which the said common wheat is
whereas this provision is designed to make it easier                   stored are listed in the Annex hereto .
for the tenderer accurately to assess his tender ;
Whereas Council Regulation (EEC) No 2747/75 of 29                                              Article 3
October 1975 laying down general rules to be applied
in the event of the cereals market being disturbed (5),                1 . The places for which a minimum selling price is
                                                                       to be " fixed in accordance with Article 5 (7) of Regula­
(•) OJ   No  L 281 , 1 . 11 . 1975, p. 1 .                             tion (EEC) No 376/70 are as follows :
(2) OJ   No  L 306, 26. 11 . 1975, p. 3 .
(J) OJ   No  L 47, 28 . 2. 1970, p. 49 .
(4) OJ   No  L 17, 20. 1 . 1973, p. 17.                                Atlantic, Channel or North Sea ports of exportation
(5) OJ   No  L 281 , 1 . 11 . 1975, p. 82.                             and/or crossings at the French-Swiss border.
 ---pagebreak--- No L 61 /30                        Official Journal of the European Communities                               9 . 3 . 76
2.    Tenders must be made for one or more of these                                  Article 4
ports or exit points. The tenderer shall specify the
port or ports or exit point or exit points for which his     The French intervention agency shall specify in the
tender is made .                                             notice of invitation to tender the dates for the submis­
                                                             sion of tenders .
Tenders shall be understood to relate to common
wheat which is either :
                                                             There must be at least 10 days between publication of
— stored in harbour silos from which it can be               the notice of invitation to tender and the first date
    loaded directly into a seagoing vessel or into a         laid down for submission of tenders. The last date on
    barge, or                                                which tenders may be submitted shall be 28 July
                                                              1976 .
— supplied undischarged at the place of embarkation
    at the port or exit point.
3 . Where an export refund or levy is applicable on                                  Article 5
the day on which tenders are submitted, tenders shall
be valid only if accompanied by an application for an        By way of derogation from Regulations (EEC) No
export licence lodged by the tenderer and a corres­          2042/75 and (EEC) No 1223/74, export licences
                                                             issued under this invitation to tender shall be valid
ponding application either :
                                                             from their day of issue within the meaning of Article
— for advance fixing of the refund for the destination       9(1 ) of Regulation (EEC) No 193/75 until the end of
    in question, or                                          the fourth month following that of issue.
— for advance fixing of the export levy. In this case
    there shall be applied those provisions of Regula­
    tions (EEC) No 2042/75 and (EEC) No 376/70                                       Article 6
    which apply when Article 5 (5) of the latter Regula­
    tion applies.                                            This Decision is addressed to the French Republic.
4. As regards those quantities of common wheat
not stored or supplied as provided in the first and
second indents of paragraph 2, successful tenderers          Done at Brussels, 26 February 1976.
shall be entitled to reimbursement by the French
intervention agency in respect of the cost of transport
                                                                                       For the Commission
on the most favourable terms from the place of
storage to that place of embarkation at the ports or                                      P.J. LARDINOIS
exit points specified in paragraph 1 which may be
reached at the lowest cost.                                                        Member of the Commission
 ---pagebreak--- 9 . 3 . 76    Official Journal of the European Communities                No L 61 /31
                                        ANNEX
                                                         (in metric tons)
                       Place of storage        Quantities stored
           Aisne                                  5 000
           Oise                                   4 531.29
           Somme                                28 998.99
           Ardennes                             32 474.07
           Marne                                71 484.60
           Yonne                                  9 993.95
           Nord                                 27 483.87
           Moselle                              29 905.30
           Bas Rhin                              17 830.91
           Loire Atlantique                       5 450
           Indre et Loire                         2 489.60
           Haut de Seine                        38 285.21
           Seine et Marne                       34 889.81
           Yvelines                             90 000.98