CELEX: 
Language: en
Date: 1981-04-22 00:00:00
Title: Commission Decision of 23 March 1981 opening a standing invitation to tender for the export of 70 000 tonnes of barley held by the French intervention agency

No L 110 / 16                           Official Journal of the European Communities                               22. 4 . 81
                                                  COMMISSION DECISION
                                                        of 23 March 1981
             opening a standing invitation to tender for the export of 70 000 tonnes of barley
                                         held by the French intervention agency
                                                (Only the French text is authentic)
                                                           (81 /232/EEC)
THE COMMISSION OF THE EUROPEAN                                       application for an export licence and by an applica­
COMMUNITIES,                                                         tion for advance fixing of the refund for the destina­
                                                                     tion in question ; whereas the intention of this provi­
Having regard to the Treaty establishing the European                sion is to facilitate assessment of the tender ;
Economic Community,
                                                                     Whereas , in order to ensure that the tenders are made
Having regard to Council Regulation (EEC) No                         in good faith and to guarantee the smooth running of
2727/75 of 29 October 1975 on the common organiza­                   the proposed operation in existing market conditions,
tion of the market in cereals ( J), as last amended by               it is necessary to provide for a special security ;
the Act of Accession of Greece (2), and in particular                whereas, for the same reasons, the security must be
Article 7 (5) thereof,                                               released only on provision of proof of the arrival of
                                                                     the goods at their destination ;
Whereas Article 3 of Council Regulation (EEC) No
2738/75 of 29 October 1975 laying down general                       Whereas the measures provided for in this Decision
rules for intervention on the market in cereals (3)                  are in accordance with the opinion of the Manage­
provides that cereals held by the intervention agencies              ment Committee for Cereals,
shall be disposed of by invitation to tender ;
Whereas Commission Regulation (EEC) No 376/70 of                     HAS ADOPTED THIS DECISION :
27 February 1970 (4) lays down the procedure and
conditions for the disposal of cereals held by the inter­
vention agencies ;                                                                              Article 1
Whereas the French Republic in a communication
dated 19 March 1981 advised the Commission of its
                                                                     The French intervention agency may, on the
                                                                     following conditions, open a standing invitation to
wish to put up for sale for export to non-member                     tender for the export of barley held by it.
countries 70 000 tonnes of barley which its interven­
tion agency holds in store ; whereas, in view of the
intervention stock levels within the Community the                                              Article 2
proposed operation seems particularly appropriate ;
                                                                      1.    The invitation to tender shall cover a maximum
Whereas the 70 000 tonnes of barley to be put up for                 of 70 000 tonnes of barley.
sale by tender are to be exported from the points of
departure for which tenders are to be made by                        2. The regions in which the 70 000 tonnes of
tenderers ; whereas a certain proportion of the said                 barley are stored are stated in the Annex.
quantity is stored in other places ; whereas the French
intervention agency, in order to place all participants
in the intervention to tender on the same footing,                                               Article 3
must undertake the sale at uniform prices, and for that
purpose, it should take over the cost of transport from               1 . The places for which the minimum sale price is
 the place of storage to the points of departure deter­               to be fixed are as follows : Gent, Antwerp, Rotterdam,
 mined ;
                                                                      Rouen , Bayonne, Bale, Nantes, Bordeaux and Stras­
                                                                      bourg.
Whereas under Article 5 (5) of Commission Regula­
 tion (EEC) No 376/70 it may be provided that a                       2. Tenders must be drawn up by reference to the
 tender shall only be valid if it is accompanied by an                standard quality defined in Council Regulation (EEC)
                                                                      No 2731 /75 (5). They must relate to a quantity of at
(i) OJ No L 281 , 1 . 11 . 1975, p. 1 .                               least 500 tonnes .
(2) OJ No L 291 , 19. 11 . 1979, p. 17.
(>) OJ No L 281 , 1 . 11 . 1975, p. 49.
b) OJ No L 47, 28. 2. 1970, p. 49.                                    (5) OJ No L 281 , 1 . 11 . 1975, p. 22.
 ---pagebreak---  22. 4. 81                           Official Journal of the European Communities                            No L 110/ 17
 3. Tenders must be made for one or more ports or               exporter and tenderer by the French intervention
 places of departure . The tenderer shall specify the port      agency.
 or ports or places of departure in respect of which his
 tender is put forward.                                                                   Article 4
 Tender shall be for barley :                                   1 . Notwithstanding the provisions of Article 21 ( 1 )
 — in port silos from which direct loading into barge           of Commission Regulation (EEC) No 3183/80 (2),
     or sea-going vessel is possible, or                        export licences issued under this standing invitation
 — delivered not unloaded to the place of embarka­              to tender shall be considered, for the purposes of deter­
     tion in the port or place of departure.                    mining their period of validity, as having been issued
                                                                on the day the tender was submitted.
 4. Tenders shall be valid only if they are accompa­
 nied by :                                                      2.     The said licences shall be valid from their date
                                                                of issue within the meaning of paragraph 1 until the
— an application for export licence lodged by the               end of the fourth month following.
     tenderer, with an application for advance fixing of
     the export refund or levy, for the destination in
                                                                                          Article 5
     question . For the purpose of this Decision , all
     countries for which the same rate of export refund        The time limit for submission of tenders under the
     or levy is fixed shall be considered as one destina­       first partial invitation to tender shall expire on 8 April
     tion .
                                                                1981 at 1 p.m . (Brussels time).
— a written undertaking by the tenderer, counter­
     signed by the financial institution to provide a          The French intervention agency shall specify in the
     special security of 40 ECU per tonne not later            notice of invitation to tender the time limit for
     than two working days following the date of               submission of tenders under the subsequent partial
                                                               invitation to tender.
     receipt of the information that this tender has
     been accepted.                                            The time limit for submission of tenders under the
5.     The security shall be released only in respect of       last partial invitation to tender shall expire on 24 June
quantities for which the tenderer and exporter proves           1981 at 1 p.m . (Brussels time).
either :
                                                                                          Article 6
(a) that the customs formalities for release into free
     circulation have been completed in the non­               The French intervention agency lays down where
     member country or countries for which the export          necessary additional provisions and conditions
     refund or levy has been fixed in advance . The said       consistent with the provisions of this Decision .
     proof shall be provided in accordance with the
     provisions of Article 20 (3) to (6) to Commission                                    Article 7
     Regulation (EEC) No 2730/79 ( i), or
(b) that the product has become unsuitable for human           This Decision is addressed to the French Republic.
     or animal consumption .
6.     For barley which is not located at the places           Done at Brussels, 23 March 1981 .
referred to in the first and second indents of the
second subparagraph of paragraph 3, the most favour­
                                                                                            For the Commission
able transport costs between the place of storage and
the place of embarkation in the ports or places of                                            Poul DALSAGER
departure referred to in paragraph 1 and attainable at
the lowest transport cost, shall be reimbursed to the                                   Member of the Commission
(') OJ No L 317, 12. 12. 1979, p. 1 .                          (2) OJ No L 338 , 13 . 12 . 1980 , p . 1 .
 ---pagebreak--- No L 110 / 18    Official Journal of the European Communities   22 . 4. 81
                                     ANNEX
                                                     Quantity
              Place of storage                         (tonnes)
              Gent                                  74 035-220
              Ghlin                                 27 758-820
              Ruisbroek                             39 920-082
              Rotterdam                             37 708-850
              Amiens                                  5 000-000
              Bordeaux                                8 882-100
              Chalons s/Marne                         8 200-000
              Dijon                                   1 800-000
              Orléans                               1 1 705-670
              Paris                                   7 188-000
              Toulouse                              16 794-420
              Nancy                                   2 482-790
              Gent                                    2 358-430
              Rotterdam                               2 738-500