CELEX: 
Language: en
Date: 1982-04-27 00:00:00
Title: Commission Decision of 13 April 1982 opening a standing invitation to tender for the export of 50 000 tonnes of common wheat of breadmaking quality held by the Danish intervention agency

No L 113/34                             Official Journal of the European Communities                             27. 4. 82
                                                   COMMISSION DECISION
                                                         of 13 April 1982
               opening a standing invitation to tender for the export of 50 000 tonnes of
                common wheat of breadmaking quality held by the Danish intervention agency
                                                 (Only the Danish text is authentic)
                                                           (82/266/EEC)
 THE COMMISSION OF THE EUROPEAN                                     Whereas the measures provided for in this Decision
 COMMUNITIES,                                                       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                       HAS ADOPTED THIS DECISION :
 2727/75 of 29 October 1975 on the common organi­
 zation of the market in cereals ('), as last amended by                                   Article 1
 Regulation (EEC) No 3808/81 (2), and in particular
 Article 8 (4) thereof,                                             The Danish intervention agency may, on the following
                                                                    conditions, open a standing invitation to tender for the
 Having regard to Council Regulation (EEC) No                       export of common wheat of breadmaking quality held
 1146/76 of 17 May 1976 on particular and special                   by it.
 intervention measures for cereals (3),
 Having regard to Council Regulation (EEC) No                                              Article 2
 1055/77 of 17 May 1977 on the storage and movement
 of products bought in by an intervention agency (4),               1.    The invitation to tender shall cover a maximum
 and in particular Article 4 thereof,                               of 50 000 tonnes of common wheat of breadmaking
                                                                    quality.
Whereas Denmark in a communication dated 1 April
 1982 advised the Commission of its wish to put up for              2. The regions in which the 50 000 tonnes of
sale for export to non-member countries 50 000                      common wheat of breadmaking quality are stored are
 tonnes of common wheat of breadmaking quality held                 stated in the Annex.
by its intervention agency ; whereas, in view of the
intervention stock levels within the Community, the                                        Article 3
 proposed operation seems particularly appropriate ;
Whereas the 50 000 tonnes of common wheat to be                     1.    The place for which the minimum sale price is
                                                                    to be fixed is as follows : Nakskov.
put up for sale by tender are to be exported from the
points of departure for which tenders are to be made                2. Tenders must be made by reference to the stan­
by tenderers ; whereas a certain proportion of the said             dard quality defined in Regulation (EEC) No 2731 /75.
quantity is stored in other places ; whereas the Danish             When the quality of the cereal differs from the stan­
 intervention agency, in order to place all participants            dard quality, the tender accepted shall be adjusted by
in the invitation to tender on the same footing, must               applying the increases or reductions laid down in
undertake the sale at uniform prices and, for that                  Article 5 of Regulation (EEC) No 1629/77.
purpose, it should take over the cost of transport from
the place of storage to the points of departure deter­              Tenders must be for a minimum quantity of 500
mined ;                                                             tonnes .
Whereas, in order to ensure that the tenders are made               3 . Tenders must be made for one or more ports or
in good faith and to guarantee the smooth running of                places of departure. The tenderer shall specify the port
the proposed operation in existing market conditions,               or ports or places of departure in respect of which his
it is necessary to provide for a special security ;                 tender is put forward.
whereas, for the same reasons, the security must be
released only on provision of proof of the arrival for              Tenders shall be for common wheat of breadmaking
the goods at their destination ;                                    quality :
                                                                    — in port silos from which direct loading into barge
(') OJ  No  L 281 , 1 . 11 . 1975, p. 1 .                               or sea-going vessel is possible, or
(2) OJ  No  L 382,  31 . 12. 1981 , p. 37.
(3) OJ  No  L 130,  19 . 5. 1976, p. 1 .                            — delivered not unloaded to the place of embarkation
(4) OJ  No  L 128 , 24. 5 . 1977, p. 1 .                                in the port or place of departure.
 ---pagebreak--- 27 . 4. 82                          Official Journal of the European Communities                         No L 113/35
4. Tenders shall be valid only if they are accom­             issued under this standing invitation to tender shall be
panied by :                                                   considered, for the purposes of determining their
— an application for export licences lodged by the            period of validity, as having been issued on the day the
                                                              tender was submitted .
     tenderer, with an application for advance fixing of
     the export refund or levy, for the destination in        2.    The said licences shall be valid from their date of
     question and with an application for advance             issue within the meaning of paragraph 1 until the end
     fixing of the monetary compensatory amount.              of the second month following.
     For the purpose of this Decision, all countries for
     which the same rate of export refund or levy is
                                                                                       Article 5
     fixed shall be considered as one destination,
— a written undertaking by the tenderer, counter­             1.    The time limit for submission of tenders for the
     signed by the financial institution, to provide a        first partial invitation to tender shall expire on 21
     special security of 40 ECU per tonne not later than      April 1982 at 1 p.m . (Belgian time). The final date for
     two working days following the date of receipt of        submission of tenders is hereby fixed at 23 June 1982.
     the information that his tender has been accepted.
                                                              2. On expiry of the time limit laid down for
5. The security shall not be released, except for
quantities for which the exporter provides proof that :
                                                              submission of tenders, the intervention agency shall
                                                              forward to the Commission an anonymous list, stating
(a) the customs formalities for placing in free circula­      the price for each tender, expressed in ECU per tonne,
     tion have been completed in the third country for        and the quantity.
     which the export refund or levy was fixed in
     advance. The proof shall be in accordance with the       The Commission shall, in accordance with the pro­
     provisions of Article 20 (3) to (6) of Commission        cedure referred to in Article 26 of Regulation (EEC)
     Regulation (EEC) No 2730/79 (') ; or                     No 2727/75, fix the minimum sale price on the basis
(b) the product has become unsuitable for human or            of the said tenders, or shall decide not to make an
                                                              award .
     animal consumption .
6. For common wheat of breadmaking quality                                             Article 6
which is not located at the places referred to in the
first and second indents of the second subparagraph of        The Danish intervention agency lays down, where
paragraph 3, the most favourable transport costs              necessary, additional provisions and conditions con­
between the place of storage and the place of embark­         sistent with the provisions of this Decision .
ation in the ports or places of departure referred to in
paragraph 1 and attainable at the lowest transport cost
                                                                                       Article 7
shall be reimbursed to the exporter and tenderer by
the Danish intervention agency.
                                                              This Decision is addressed to the Kingdom of
7.     If the cereals are removed later than the month         Denmark.
in which the contract was awarded, the price to be
paid by the contractor shall be increased monthly by
an amount not less than the monthly increase in the            Done at Brussels, 13 April 1982.
reference price .
                          Article 4                                                      For the Commission
                                                                                            Poul DALSAGER
 1 . Notwithstanding the provisions of Article 21 ( 1 )
 of Regulation (EEC) No 3183/80 (2), export licences                                 Member of the Commission
 (') OJ No L 317, 12. 12. 1979, p. 1 .
 I2) OJ No L 338, 13. 12. 1980, p. 1 .
 ---pagebreak--- No L 113/36    Official Journal of the European Communities       27. 4. 82
                                      ANNEX
                                                         (tonnes)
                     Place of storage           Quantity
            Lolland-Falster                     49 300