CELEX: 
Language: en
Date: 1976-05-12 00:00:00
Title: Commission Decision of 28 April 1976 on the opening of a standing invitation to tender for the export of 100 000 metric tons of durum wheat held by the French intervention agency

No L 124/ 24                                 Official Journal of the European Communities                                12 . 5 . 76
                                                        COMMISSION DECISION
                                                              of 28 April 1976
               on the opening of a standing invitation to tender for the export of 100 000
                       metric tons of durum wheat held by the French intervention agency
                                                     ( Only the French text is authentic)
                                                                (76/452/ EEC)
THE COMMISSION OF THE EUROPEAN                                            makes provision for the fixing of an export levy ;
COMMUNITIES,                                                              whereas pursuant to Article 3 (4) of that Regulation
                                                                          such levy may be subject to advance fixing ;
Having regard to the Treaty establishing the European
Economic Community,                                                       Whereas it is only possible to make a proper assess­
                                                                          ment of a tender if the tender is linked with the
Having regard to Council Regulation (EEC) No                              export levy applicable on the day on which it is
2727/75 of 29 October 1975 on the common organiza­                        lodged ; whereas to this end it is appropriate to apply
tion of the market in cereals ('), as amended by Regula­                  mutatis mutandis to the export levy, the rules of
tion ( EEC) No 3058 /75 (2 ), and in particular Article 7                 Article 5 (5) of Regulation (EEC) No 376/70 together
(5) thereof,                                                              with all the other provisions applicable in such cases ;
Having regard to Commission Regulation ( EEC) No
376/70 of 27 February 1970 laying down the proce­                         Whereas, by way of derogation , the period of validity
                                                                          for licences issued in connection with this invitation
dure and conditions for the disposal of cereals held by
intervention agencies (3 ), as last amended by Regula­                    to tender should be fixed at the month of issue plus
                                                                          four months ;
tion ( EEC) No 1 29 /73 (4), and in particular Article 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 1 April 1976 informed the Commission of the                            ment Committee for Cereals,
intention of the French intervention agency to issue
an invitation to tender for the export of 100 000
metric tons of durum wheat ;
                                                                          HAS ADOPTED THIS DECISION :
Whereas the 100 000 metric tons of durum wheat to
be tendered for will be exported from those of the
prescribed points of exit specified by the tenderers ;                                            Article 1
whereas     the    durum        wheat      is   stored    elsewhere ;
whereas the French intervention agency, in order to                       The French intervention agency may, in accordance
place all those participating in the invitation to tender                 with the provisions hereinafter set out, open a
on the same competitive footing, must sell at a                           standing invitation to tender for the export of durum
uniform price ; whereas it must accordingly bear the                      wheat held by it.
cost of transport from the place of storage to the
 points of exit stipulated ;
                                                                                                  Article 2
Whereas under Article 5 (5) of Regulation (EEC) No
 376/70 it may be provided that a tender shall be only                     1.   The invitation to tender shall relate to a quantity
valid if it is accompanied by an application for an                       of 100 000 metric tons of durum 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 durum wheat is
whereas the intention of this provision is to facilitate                  stored are listed in the Annex hereto .
 assessment of the 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
 C)   OJ No  L 281 , 1 . 1 1 . 1975 , p . 1 .
 (2)  OJ No  L 306 , 26 . 11 . 1 975, p . 3 .                              tion (EEC) No 376/70 are as follows :
 (3 ) OJ No  L 47, 28 . 2 . 1970 , p . 49 .
 (4)  OJ No  L  17, 20 . 1 . 1973 , p . 17 .                               Nantes, Port-la-Nouvelle, Blaye, Rouen, Port-Saint­
 (5 ) OJ No  L 281 , 1 . 11 . 1975, p . 82.                                Louis, Bordeaux and Bayonne .
 ---pagebreak---  12 . 5 . 76                        Official Journal of the European Communities                          No L 124/ 25
2.      Tenders shall be made for one or more of these                                 Article 4
ports or exit points. The tenderer shall specify the
ports or exit points for which his tender is made .           The French intervention agency shall specify in the
                                                               notice of invitation to tender the dates for the submis­
Tenders shall be understood to relate to durum wheat          sion of tenders .
which is either :
— stored      in  harbour silos  from which      it can   be  There must be at least 10 days between publication of
                                                              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
— supplied undischarged at the place of embarkation            1976 .
      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 only valid 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
ponding application either :                                  issued in connection with this invitation to tender
                                                              shall be valid from their day of issue within the
— for advance fixing of the refund for the destination
      in question , or                                        meaning of Article 9 ( 1 ) of Regulation (EEC) No
                                                               193/75 until the end of the fourth month following
— for advance fixing of the export levy. In this case         that of issue .
      there shall be applied those provisions of Regula­
      tions (EEC) No 2042/75 and (EEC) No 376/70
      applicable in the event of Article 5 (5) of the latter                           Article 6
      Regulation being applied .
                                                              This Decision is addressed to the French Republic .
4. As regards those quantities of durum wheat not
stored or supplied as provided in the first and second
indents of paragraph 2, successful tenderers shall be         Done at Brussels, 28 April 1976.
entitled to reimbursement by the French intervention
agency in respect of the cost of transport on the most
                                                                                         For the Commission
favourable terms from the place of storage to that
place of embarkation at the ports or exit points speci­                                     P.J. LARDINOIS
fied in paragraph 1 which may be reached at the
lowest cost .                                                                        Member of the Commission
 ---pagebreak--- No L 124/ 26    Official Journal of the European Communities                 12. 5 . 76
                                        ANNEX
                                                            (in nutrtc tons)
                       Place of storage        Quantities stored
             Loiret                                3 518-00
             Tarn                                  2 99978
             Gironde                            36 467-53
             Hauts-de-Seine                        1 791-78
             Aude                                  8 174-98
             Ardèche                             . 2 639-05
             Haute-Garonne                         3 600-00
             Tarn-et-Garonne                       9 500-00
             Gironde                               2 850-00
             Landes                                3 642-00
             Nantes                                9 760-00
             Indre-et-Loire                      1 1 944-00
             Bouches-du-Rhône                      3 347-34