CELEX: 
Language: en
Date: 1975-11-11 00:00:00
Title: Commission Decision of 22 October 1975 on the opening of a standing invitation to tender for the export of 50 000 metric tons of common wheat held by the Netherlands intervention agency

No L 291 / 16                              Official Journal of the European Communities                             11 . 11 . 75
                                                                  II
                                              (Acts whose publication is not obligatory)
                                                      COMMISSION
                                                     COMMISSION DECISION
                                                         of 22 October 1975
                on the opening of a standing invitation to tender for the export of 50 000 metric
                       tons of common wheat held by the Netherlands intervention agency
                                                   (Only the Dutch text is authentic)
                                                             (75/665/ EEC)
THE COMMISSION OF THE EUROPEAN                                         in order to place all those participating in the invita­
COMMUNITIES,                                                           tion to tender on the same competitive footing, must
                                                                       sell at a uniform price ; whereas it must accordingly
Having regard to the Treaty establishing the European                  bear the cost of transport from the place of storage to
Economic Community ;                                                   the points of exit stipulated ;
Having regard to Council Regulation No 120/
67/ EEC(')of 13 June 1967 on the common organiza­                      Whereas under Article 5 (5) of Regulation (EEC) No
tion of the market in cereals, as last amended by Regu­                376/70 it may be provided that a tender shall be valid
lation (EEC) No 665/75 (2), and in particular Article 7                only if it is accompanied by an application for an
(5) thereof ;                                                          export licence and by an application for advance
                                                                       fixing on the refund for the destination in question ;
Having regard to Commission Regulation ( EEC) No                       whereas the intervention of this provision is to facili­
376/ 70 (3 ) of 27 February 1970 laying down the proce­                tate assessment of the tender ;
dure and conditions for the disposal of cereals held by
the intervention agencies, as last amended by Regula­
tion (EEC) No 1 29/73 (4), and in particular Article 5                 Whereas Council Regulation (EEC) No 1968/73 (5) of
( 1 ) and (7) thereof ;                                                 19 July 1973 laying down general rules to be applied
                                                                       in the event of the cereals market being disturbed, as
Whereas the Kingdom of the Netherlands in its                          last amended by Regulation (EEC) No 86/75 (6),
communication of 3 October 1975 informed the                           makes provision for the fixing of an export levy ;
Commission of the intention of the Netherlands inter­                  whereas pursuant to Article 3 (4) of that Regulation
vention agency to issue an invitation to tender for the                such levy may be subject to advance fixing ;
export of 50 000 metric tons of common wheat ;
Whereas the 50 000 metric tons of common wheat to                      Whereas it is only possible to make a proper assess­
                                                                       ment of a tender if the tender is linked with the
be tendered for will be exported from those of the
prescribed points of exit specified by the tenderers ;                 export levy applicable on the day on which it is
whereas the common wheat is partly stored else­                        lodged ; whereas to this end it is appropriate to apply
where ; whereas the Netherlands intervention agency,                    mutatis mutandis to the export levy the rules of
                                                                       Article 5 (5) of Regulation (EEC) No 376/70 together      .
(')  OJ  No  117, 19 . 6 . 1967, p . 2269/67.                          with all the other provisions applicable in such cases ;  (
0    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 .                             (6) OJ No L 11 , 16 . 1 . 1975, p. 2.
 ---pagebreak--- 11 . 11 . 75                       Official Journal of the European Communities                         No L 291 / 17
Whereas, by way of derogation, the period of validity        — for advance fixing of the export levy. In this case
for licences issued in connection with this invitation            there shall be applied those provisions of Regula­
to tender should be fixed at the month of issue plus              tions (EEC) No 2042/75 and (EEC) No 376/70
four months ;                                                     applicable in the event of Article 5 (5) of the last­
                                                                  named Regulation being applied.
Whereas the measures provided for in this Decision
are in accordance with the Opinion of the Manage­            4. As regards those quantities of common wheat
ment Committee for Cereals ,                                  not stored or supplied as provided in the first and
                                                             second indents of paragraph 2, successful tenderers
HAS ADOPTED THIS DECISION :
                                                             shall be entitled to reimbursment by the Netherlands
                                                              intervention agency in respect of the cost of transport
                                                             on the most favourable terms from the place of
                         Article 1
                                                             storage to the point of embarkation at the ports speci­
The Netherlands intervention agency may, in accor­            fied in paragraph 1 which may be reached at the
                                                              lowest cost.
dance with the provisions hereinafter set out, open a
standing invitation to tender for the export of
common wheat held by it.                                                              Article 4
                         Article 2                           The Netherlands intervention agency shall specify in
                                                              the notice of invitation to tender the dates for the
 1.    The invitation to tender shall relate to a quantity    submission of tenders .
of 50 000 metric tons of common wheat.
                                                             There must be at least 10 days between publication of
2.     The places in which the said common wheat is           the notice of invitation to tender and the first date
stored are listed in the Annex hereto .                       laid down for submission of tenders . The last date on
                                                              which tenders may be submitted shall be 31 May
                         Article 3                            1976 .
 1 . The places for which a minimum selling price is
to be fixed in accordance with Article 5 (7) of Regula­                               Article 5
tion (EEC) No 376/70 are as follows : Rotterdam and
Amsterdam .                                                   By way of derogation from Regulations (EEC) No
                                                              2042/75 and (EEC) No 1223/74, export licences
2. Tenders must be made for one of these ports.               issued in connection with the invitation to tender
The tenderer shall specify the port for which his             pursuant to this Decision shall be valid from their day
tender is made .                                              of issue within the meaning of Article 9 ( 1 ) of Regula­
Tenders shall be understood to relate to common
                                                              tion (EEC) No 193/75 until the end of the fourth
wheat which is either :
                                                              month following that of issue.
— stored in     harbour silos from which it can be
                                                                                      Article 6
     loaded directly into a sea-going vessel or into a
     barge, or                                                This Decision is addressed to the Kingdom of the
— supplied undischarged at the place of embarkation           Netherlands .
     at the port.
3 . Where an export refund or levy is applicable on
the day on which tenders are submitted, tenders shall         Done at Brussels, 22 October 1975 .
be valid only if accompanied by an application for an
export licence lodged by the tenderer and a corres­                                     For the Com mission
ponding application either :
                                                                                           P.J. LARDINOIS
— for advance fixing of the refund for the destination
     in question , or                                                               Member of the Commission
 ---pagebreak--- No L 291 / 18 Official Journal of the European Communities            11 . 11 . 75
                                        ANNEX
                                                      (m metric tons)
                                                Quantities
                       Place of storage           stored
                    Rotterdam                    30 000
                    Amsterdam                     8 700
                    Wormerveer                    6 400
                    Deventer                      2 900
                    Groningen                     2 000