CELEX: 31991R1149
Language: en
Date: 1991-05-04 00:00:00
Title: Commission Regulation (EEC) No 1149/91 of 3 May 1991 opening a standing invitation to tender for the export of 100 000 tonnes of bread-making rye held by the German intervention agency

No L 112/36                               Official Journal of the European Communities                                  4 . 5 . 91
                                        COMMISSION REGULATION (EEC) No 1149/91
                                                           of 3 May 1991
                    opening a standing invitation to tender for the export of 100 000 tonnes of
                                 bread-making rye held by the German 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 German 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 100 000
 market in cereals ('), as last amended by Regulation (EEC)          tonnes of bread-making rye 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             100 000 tonnes of bread-making rye to be exported to all
 held by the intervention agencies are to be disposed of by          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 100 000 tonnes of bread­
 as last amended by Regulation (EEC) No 2619/90 (6), lays            making rye are stored are stated in Annex I to this Regu­
                                                                     lation .
 down the procedure and conditions for the disposal of
 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
 100 000 tonnes of bread-making rye held by the German               (EEC) No 1836/82, until 31 August 1991 .
 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 P).
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 rye from the interven­             15 May 1991 at 1 p.m. (Brussels time).
tion 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 German inter­
O   OJ  No  L 139,   24. 5. 1986, p. 36.                             vention agency.
(4) OJ  No  L 201 ,  31 . 7. 1990, p. 5 .
0   OJ  No  L 202,   9. 7. 1982, p. 23.
(6) 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 112/37
                         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 German intervention agency shall notify the
Notwithstanding the second paragraph of Article 16 of          Commission of the tenders received not later than two
Regulation (EEC) No 1836/82, the price payable for             hours after expiry of the time limit for the submission
export shall be that mentioned in the tender where the         thereof. Notification shall be given as specified in the
cereals are removed in July 1991 . The price shall be          table in Annex 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  Europea n Com m un ities.
                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 112/38                             Official Journal of the European Communities                                      4 . 5 . 91
                                                                 ANNEX I
                                                                                                   (tonnes)
                                              Place of storage                         Quantity
                                   Schleswig-Holstein / Hamburg                          69 486
                                   Niedersachsen / Bremen                                14 393
                                   Nordrhein-Westfalen                                     2 537
                                   Rheinland-Pfalz                                         5 633
                                   Baden-Wiirttemberg                                      2 102
                                   Bayern                                                  5 844
                                                                ANNEX II
          Standing invitation to tender for the export of 100 000 tonnes of bread-making rye held by the
                                                      German intervention agency
                                                      (Regulation (EEC) No 1149/91 )
                    1               2                 3                4                 5               6         7
                                                                                 Price increases
                Tender        Consignment        Quantity        Offer price         ( + ) or     Commercial
                  No               No                           (ECU/tonne)        reductions          costs  Destination
                                                  (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.