CELEX: 31994R1078
Language: en
Date: 1994-05-10 00:00:00
Title: COMMISSION REGULATION (EC) No 1078/94 of 10 May 1994 opening a standing invitation to tender for the export of 1 000 000 tonnes of bread-making wheat held by the German intervention agency

No L 120/ 12                              Official Journal of the European Communities                                  11 . 5. 94
                                          COMMISSION REGULATION (EC) No 1078/94
                                                            of 10 May 1994
                    opening a standing invitation to tender for the export of 1 000 000 tonnes of
                               bread-making wheat held by the German 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
  2193/92 (2), and in particular Article 13 thereof,                                            Article 1
 Whereas Commission Regulation (EEC) No 21 31 /93 (3),                The German intervention agency may, on the conditions
 as amended by Regulation (EC) No 120/94 (4), lays down               laid down in Regulation (EEC) No 2131 /93, open a
 the procedures and conditions for the disposal of cereals            standing invitation to tender for the export of 1 000 000
 held by intervention agencies ;                                      tonnes of bread-making wheat held by it.
 Whereas, given the current market situation, a standing                                        Article 2
 invitation to tender should be opened for the export at
 the beginning of the 1994/95 cereals marketing year of
  1 000 000 tonnes of bread-making wheat held by the                   1.   The invitation to tender shall cover a maximum of
 German intervention agency ;                                          1 000 000 tonnes of bread-making wheat to be exported
                                                                      to all third countries. Customs export formalities must be
                                                                      completed during the period 1 July to 30 September
 Whereas the proposed invitation to tender for the export              1994.
 of intervention stocks is special in that it will be opened
 at the end of the marketing year, from May 1993, but for             2. The regions in which the 1 000 000 tonnes of
 deliveries which will not be possible until the new                  bread-making wheat are stored are stated in Annex I to
 1994/95 marketing year between 1 July and 30                         this Regulation.
 September 1994 ; whereas there should therefore be a
 derogation from the first paragraph of Article 1 6 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 1 6 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 Q, as amended by Regulation (EC) No                          3719/88 Q.
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
                                                                                                Article 4
advance in accordance with Articles 13 to 17 of Regula­
tion (EEC) No 1068/93 ;
                                                                      1.    Notwithstanding Article 7 (1 ) of Regulation (EEC)
                                                                      No 2131 /93, the time limit for submission of tenders
(') OJ  No  L  181 , 1 . 7. 1992, p. 21 .
(2) OJ  No  L  196, 5. 8. 1993, p. 22.                                under the first partial invitation to tender shall expire on
0   OJ  No  L  191 , 31 . 7. 1993, p. 76.                             19 May 1994 at 9 a.m. (Brussels time).
0   OJ  No  L  21 , 26. 1 . 1994, p. 1 .
H   OJ  No  L  108, 1 . 5. 1993, p. 106.
(«) OJ  No  L  69, 12. 3. 1994, p. 1 .                                0 OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak--- 11 . 5. 94                            Official Journal of the European Communities                           No L 120/ 13
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 German inter­       Article 17 (2) of the said Regulation shall not be released
vention 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 1993 :                                            The German 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 21 31 /93, the products must be        thereof. Notification shall be given as specified in the
     removed not later than 31 July 1994,                       table in Annex II to this Regulation, to the telex or
                                                                telefax numbers in Annex III.
— 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, 10 May 1994.
                                                                          For the Commission
                                                                            René STEICHEN
                                                                      Member of the Commission
 ---pagebreak--- No L 120/ 14                             Official Journal of the European Communities                                        11 . 5. 94
                                                                 ANNEX I
                                                                                                     (tonnes)
                                                  Place of storage                          Quantity
                                   Schleswig-Holstein/Hamburg/
                                   Niedersachsen/Bremen/
                                   Nordrhein-Westfalen                                      626 295
                                   Hessen/Rheinland-Pfalz/
                                   Baden-Wurttemberg/Saarland/Bayern                        195 276
                                   Berlin/Brandenburg/
                                  Mecklenburg-Vorpommern                                     75 944
                                  Sachsen/Sachsen-Anhalt/Thüringen                          102 325
                                                                ANNEX II
              Standing invitation to tender for the export of 1 000 000 tonnes of bread-making wheat
                                            held by the German intervention agency
                                                      (Regulation (EC) No 1078/94)
                       1                2               3              4                5                6            7
                                                                                Price increases
                                                                  Offer price       ( + ) or       Commercial
                   Tender        Consignment       Quantity      (ECU/tonne)
                                                                                  reductions
                                                                                                       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 III
             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 .