CELEX: 31991R1148
Language: en
Date: 1991-05-04
Title: Commission Regulation (EEC) No 1148/91 of 3 May 1991 opening a standing invitation to tender for the export of 500 000 tonnes of barley held by the German intervention agency

4 . 5 . 91                              Official Journal of the European Communities                            No L 112/33
                                     COMMISSION REGULATION (EEC) No 1148/91
                                                        of 3 May 1991
                  opening a standing invitation to tender for the export of 500 000 tonnes of barley
                                         held by the German intervention agency
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      HAS ADOPTED THIS REGULATION :
 Having regard to the Treaty establishing the European
 Economic Community,                                                                        Article 1
                                                                  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 500 000
 market in cereals ('), as last amended by Regulation (EEC)       tonnes of barley 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 (3), as last amended        1.   The invitation to tender shall cover a maximum of
 by Regulation (EEC) No 2203/90 (4), lays down that                500 000 tonnes of barley be exported to all third coun­
 cereals held by the intervention agencies are to be              tries. Customs export formalities must be completed
 disposed of by invitation to tender ;                            during the period 1 July to 31 August 1991 .
 Whereas Commission Regulation (EEC) No 1 836/82 (5),             2. The regions in which the 500 000 tonnes of barley
 as last amended by Regulation (EEC) No 2619/90 (6), lays         are stored are stated in Annex I to this Regulation.
 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
 500 000 tonnes of barley held by the German interven­            (EEC) No 1836/82, until 31 August 1991 .
 tion 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 1 6 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 barley 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
if) OJ No L 139, 24. 5. 1986, p. 36.                              vention agency.
(4) OJ No L 201 , 31 . 7. 1990 , p. 5.
H OJ No L 202, 9 . 7. 1982, p. 23 .
(*) OJ No L 249, 12. 9. 1990, p. 8 .                              0 OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak--- No L 112/34                          Official Journal of the European Communities                               4. 5 . 91
                         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 with standing the second paragraph of          Commission of the tenders received not later than two
Article 16 of Regulation (EEC) No 1836/82, the price           hours after expiry of the time limit for the submission
payable for export shall be that mentioned in the tender       thereof. Notification shall be given as specified in the
where the cereals are removed in July 1991 . The price         table in Annex II to this Regulation .
shall be 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  European Communities.
                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--- 4. 5 . 91                               Official Journal of the European Communities                                      No L 112/35
                                                                ANNEX I
                                                                                                   (tonnes)
                                              Place of storage                         Quantity
                                   Schleswig-Holstein / Hamburg                          13 206
                                   Niedersachsen / Bremen                              180 237
                                   Nordrhein-Westfalen                                 142 895
                                   Hessen                                                20 334
                                   Rheinland-Pfalz                                      22 525
                                   Baden-Wiirttemberg                                    13 759
                                   Bayern                                              102 644
                                   Saarland                                                4 376
                                                                ANNEX II
          Standing invitation to tender for the export of 500 000 tonnes of barley held by the German inter­
                                                              vention agency
                                                      (Regulation (EEC) No 1148/91 )
                    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.