CELEX: 31994R0997
Language: en
Date: 1994-04-30 00:00:00
Title: Commission Regulation (EC) No 997/94 of 29 April 1994 opening a standing invitation to tender for the export of 225 000 tonnes of barley from harvests of 1984 to 1990 held by the United Kingdom intervention agency

30. 4. 94                                Official Journal of the European Communities                             No L 111 /63
                                         COMMISSION REGULATION (EC) No 997/94
                                                         of 29 April 1994
                   opening a standing invitation to tender for the export of 225 000 tonnes of barley
                    from harvests of 1984 to 1990 held by the United Kingdom intervention agency
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas the measures provided for in this Regulation are
                                                                    in accordance with the opinion of the Management
                                                                    Committee for Cereals,
 Having regard to the Treaty establishing the European
 Economic Community,
 Having regard to Council Regulation (EEC) No 1766/92               HAS ADOPTED THIS REGULATION :
 of 30 June 1992 on the common organization of the
 market in cereals ('), as amended by Regulation (EEC) No
 2193/93 (2), and in particular Article 13 thereof,                                           Article 1
 Whereas Commission Regulation (EEC) No 21 31 /93 (3),              The United Kingdom intervention agency may, on the
 as amended by Regulation (EC) No 1 20/94 (4), lays down            conditions laid down in Regulation (EEC) No 2131 /93,
 the procedures and conditions for the disposal of cereals          open a standing invitation to tender for the export of
 held by the intervention agencies ;                                225 000 tonnes of barley from harvests of 1984 to 1990
                                                                    held by it.
 Whereas, given the current market situation, a standing
 invitation to tender should be opened for the export at                                      Article 2
 the beginning of the 1994/95 cereals marketing year of
 225 000 tonnes of barley from harvests of 1984 to 1990
 held by the United Kingdom intervention agency ;                   1.     The invitation to tender shall cover a maximum of
                                                                    225 000 tonnes of barley from harvests of 1984 to 1990 to
                                                                    be exported to all third countries. Customs export forma­
Whereas the proposed invitation to tender for the export            lities must be completed during the period 1 July to 30
 of intervention stocks is special in that it will be opened        September 1994.
 at the end of the marketing year, from May 1994, but for
 deliveries which will not be possible until the new                2.     The 225 000 tonnes of barley from harvests of 1984
 1994/95 marketing year between 1 July and 30                       to 1990 are stored in Scotland.
September 1994 ; whereas there should therefore be a
derogation from the first paragraph of Article 16 of Regu­
lation (EEC) No 2131 /93, which provides for a maximum
                                                                                              Article 3
delay of one month between acceptance of the tender and
 payment and also a derogation from the second paragraph
 of Article 16 of the said Regulation, application of which         1.     The export licences shall be valid from their date of
would have led to the price accepted already being                  issue, within the meaning of Article 9 of Regulation
increased by monthly increments for the removal of the              (EEC) No 2131 /93, until 30 September 1994.
cereals from the intervention store in July, whereas export
was not scheduled previously ;                                      2. Tenders submitted in response to this invitation to
                                                                    tender shall be admissible only if they are accompanied
                                                                    by a written undertaking to export during the period 1
Whereas the operative event for the conversion of tenders           July to 30 September 1994. They may not be accompa­
submitted for intervention stocks is the date of payment            nied by applications for export licences pursuant to
for cereals as fixed by Commission Regulation (EEC) No              Article 44 of Commission Regulation (EEC) No
 1068/93 (*), as amended by Regulation (EC) No                      3719/88 0.
547/94 (6) ; whereas this rule should be applied to the
sales provided for in this Regulation without prejudice to
the possibility of fixing the agricultural conversion rate in
advance in accordance with Articles 13 to 17 of Regula­                                       Article 4
tion (EEC) No 1068/93 ;
                                                                    1.     Notwithstanding Article 7 (1 ) of Regulation (EEC)
(') OJ  No  L 181 , 1 . 7. 1992, p. 21 .                            No 2131 /93, the time limit for submission of tenders
O   OJ  No  L 196, 5. 8. 1993, p. 22.                               under the first partial invitation to tender shall expire on
(3) OJ  No  L 191 , 31 . 7. 1993, p. 76.                            5 Mav 1994 at 9 a.m . (Brussels time).
0   OJ  No  L 21 , 26. 1 . 1994, p. 1 .
0   OJ  No  L 108, 1 . 5. 1993, p. 106.
M OJ No L 69, 12. 3. 1994, p. 1 .                                   O OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak--- No L 111 /64                         Official Journal of the European Communities                                30. 4. 94
2.    The time limit for submission of tenders under the           converted using the agricultural conversion rate appli­
subsequent partial invitations to tender shall expire each         cable on the date on which the cereals are paid for.
Thursday at 9 a.m. (Brussels time).
                                                                                         Article 6
3. The last partial invitation to tender shall expire on
25 August 1994 at 9 a.m. (Brussels time).                      Notwithstanding Article 17 (3) of Regulation (EEC) No
                                                               2131 /93, the security referred to in the second indent of
4. The tenders shall be lodged with the United                 Article 17 (2) of the said Regulation shall not be released
Kingdom intervention agency.                                   until proof is furnished that the customs export formali­
                                                               ties have taken place during the period 1 July to 30
                                                               September 1994.
                         Article 5
                                                                                         Article 7
The following provisions shall apply to tenders submitted
before 1 July 1994 :                                           The United Kingdom intervention agency shall notify the
                                                               Commission of the tenders received not later than two
— notwithstanding the first subparagraph of Article 16 of      hours after expiry of the time limit for the submission
    Regulation (EEC) No 2131 /93, the products must be         thereof. Notification shall be given as specified in the
    removed not later than 31 July 1994,                       table in Annex I to this Regulation, to the telex or telefax
                                                               numbers in Annex II.
— notwithstanding the second subparagraph of Article
    16 of Regulation (EEC) No 2131 /93, the price to be
                                                                                         Article 8
   paid for products for export shall be that indicated in
   the tender,
                                                               This Regulation shall enter into force on the third day
— without prejudice to the possibility of fixing the agri­     following its publication in the Official Journal of the
   cultural conversion rate in advance, tenders shall be       European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 29 April 1994.
                                                                        For the Commission
                                                                           Rene STEICHEN
                                                                    Member of the Commission
 ---pagebreak--- 30. 4. 94                            Official Journal of the European Communities                                         No L 111 /65
                                                             ANNEX I
          Standing invitation to tender for the export of 225 000 tonnes of barley from harvests of
             1984 to 1990 held by the United Kingdom intervention agency (stocked in Scotland)
                                                   (Regulation (EC) No 997/94)
                    1               2               3               4               5              6               7
                                                                             Price increases
                                                              Offer price        (+) or      Commercial
                Tender        Consignment       Quantity                       reductions
                                                             (ECU/tonne)                         costs        Destination
                  No               No           (tonnes)           (')             (")       (ECU/tonne)
                                                                              (ECU/tonne)
                                                                                  p.m .
                   1
                   2
                   3
                  etc .
          (') This price includes the increases or reductions relating to the lot to which the tender refers.
                                                            ANNEX II
          The only numbers to use to call Brussels are (DG VI-C-1 (Attention : Messrs Thibault and Brus)) :
          — telex :                22037 AGREC B
                                   22070 AGREC B (Greek characters)
          — telefax :              — 295 01 32
                                   — 296 10 97
                                   — 295 25 15.