CELEX: 
Language: en
Date: 1975-06-05 00:00:00
Title: Commission Decision of 25 April 1975 on the opening of a standing invitation to tender for the export of about 200000 metric tons of common wheat held by the German intervention agency

No L 144/ 16                          Official Journal of the European Communities                                5 . 6. 75
                                                COMMISSION DECISION
                                                      of 25 April 1975
                on the opening of a standing invitation to tender for the export of about 200 000 metric
                            tons of common wheat held by the German intervention agency
                                              (Only the German text is authentic)
                                                        (75/306/EEC)
THE COMMISSION OF THE EUROPEAN                                    Whereas Council Regulation (EEC) No 1968/73 (5)
COMMUNITIES,                                                      of 19 July 1973 laying down general rules to be
                                                                  applied in the event of the cereals market being
Having regard to the Treaty establishing the                      disturbed, as last amended by Regulation (EEC) No
European Economic Community;                                      86/75 (6), makes provisions for the fixing of an
                                                                  export levy; whereas pursuant to Article 3 (4) of that
                                                                  Regulation such levy may be subject to advance
Having regard to Council Regulation No 120/67/                    fixing;
EEC (*) of 13 June 1967 on the common
organization of the market in cereals, as last                    Whereas it is only possible to make a proper
amended by Regulation (EEC) No 665/75 (2), and in                 assessment of a tender if the tender is linked with the
particular Article 7 (5) thereof;                                 export levy applicable on the day on which it is
                                                                  lodged ; whereas to this end it is appropriate to apply
Having regard to Commission Regulation (EEC) No                   mutatis mutandis to the export levy the rules of
376/70 (3) of 27 February 1970 laying down the                    Article 5 (5 ) of Regulation (EEC) No 376/70 together
procedure and conditions for the disposal of cereals              with all the other provisions in such cases ;
held by the intervention agencies, as last amended by
Regulation (EEC) No 129/73 (4), and in particular                 Whereas the measures provided for in this Decision
Article 5 ( 1 ) and (7) thereof;                                  are in accordance with the Opinion of the
                                                                  Management Committee for Cereals,
Whereas the Federal Republic of Germany in its
communication of 15 April 1975 informed the                        HAS ADOPTED THIS DECISION :
Commission        of  the    intention   of   the  German
intervention agency to invite tenders for the export                                        Article 1
of approximately 200 000 metric tons of common
wheat;                                                            The German intervention agency may, in accordance
                                                                  with the provisions hereinafter set out, open a
Whereas the 200 000 metric tons of common wheat                   standing invitation to tender for the export of
to be tendered for is to be exported from those of                common wheat held by it
the prescribed points of exit to be specified by the
tenderers; whereas the common wheat is stored                                               Article 2
elsewhere ; whereas the German intervention agency,
in order to place all those participating in the                  1.    The invitation to tender shall relate to a
invitation to tender on the same competitive footing,             quantity of approximately 200 000 metric tons of
must sell at a uniform price; whereas it must                     common wheat.
accordingly bear the cost of transport from the place
of storage to the points of exit stipulated;
                                                                  2. The places in which the said common wheat is
                                                                  stored are specified in the Annex hereto.
Whereas under Article 5 (5 ) of Regulation (EEC) No
376/70 it may be provided that a tender shall be                                            Article 3
valid only if accompanied by an application for an
export licence and by an application for advance
fixing of the refund for the destination in question;             1 . The places for which a minimum selling price
whereas the intention of this provision is to facilitate          shall be fixed in accordance with Article 5 (7) of
assessment of the tender;                                         Regulation (EEC) No 376/70 shall be as follows :
                                                                  Hamburg, Bremen, Emden, Lubeck, Flensburg,
                                                                  Braunschweig, Regensburg/Passau and Rotterdam.
 (*) OJ No 117, 19. 6. 1967, p. 2269/67.
 (2) OJ No L 72, 20. 3 . 1975, p. 14.
(3)  OJ No L 47, 28 . 2. 1970, p. 49.                              (5) OJ No L 201 , 21 . 7. 1973 , p. 10.
 (4) OJ No L 17, 20. 1. 1973 , p. 17.                              (•) OJ No L 11, 16. 1. 1975, p. 2.
 ---pagebreak--- 5 . 6 . 75                            Official Journal of the European Communities                                   No L 144/ 17
2.       Tenders must be made for one or more of these          second indents of paragraph 2, successful tenderers
ports or exit points. The tenderer shall specify the            shall be entitled to reimbursement by the German
port or ports or exit points for which his tender is            intervention agency in respect of the cost of
made.                                                      '    transport on the most favourable terms from the
                                                                place of storage to that place of embarkation at the
Tenders shall be understood to relate to common                 ports or exit points specified in paragraph 1 which
wheat which is either :                                         may be reached at the lowest cost.
— stored in harbour silos from which it can be                                             Article 4
      loaded directly into a seagoing vessel or into a
      barge, or                                                 The German intervention agency shall specify in the
                                                                notice of invitation to tender the dates for the
— supplied        undischarged      at     the    place of      submission of tenders.
      embarkation at the port or exit point.
                                                                There must be at least 10 days between publication
3 . Where an export refund or levy is applicable on             of the notice of invitation to tender and the first date
the day on which tenders are submitted, tenders shall           laid down for submission of tenders. The last date
be valid only if accompanied by an application for               on which tenders may be submitted shall be 20
an export licence lodged by the tenderer and a                  August 1975 .
corresponding application either :
                                                                                           Article 5
— for advance fixing of the refund for the
      destination in question, or                               This Decision is addressed to the Federal Republic of
                                                                 Germany.
— for advance fixing of the export levy. In this case
      there shall be applied those provisions of
       Regulations (EEC) No 2637/70 and (EEC) No                Done at Brussels, 25 April 1975 .
      376/70 applicable in the event of Article 5 (5 ) of
      the last named Regulation being applied.                                               For the Commission
                                                                                               P.J. LARDINOIS
4.       As regards those quantities of common wheat
not stored or supplied as provided in the first and                                    Member of the Commission
                                                          ANNEX
                                                                                                    (in metric tons)
                                Places of storage                       Approximate quantities stored
                   Hamburg/Schleswig-Holstein                                      25 000
                   Nordrhein-Westfalen                                             20 000
                   Hessen/Rheinland-Pfalz/
                   Baden-Wiirttemberg                                              20 000
                   Bayern                                                         125 000