CELEX: 
Language: en
Date: 1981-03-28 00:00:00
Title: Commission Decision of 11 March 1981 opening a standing invitation to tender for the export of 235 000 tonnes of rye held by the German intervention agency

28 . 3 . 81                            Official Journal of the European Communities                            No L 82/23
                                                  COMMISSION DECISION
                                                       of 11 March 1981
               opening a standing invitation to tender for the export of 235 000 tonnes of rye
                                          held by the German intervention agency
                                               (Only the German text is authentic)
                                                          (81 / 180/EEC)
             \
THE COMMISSION OF THE EUROPEAN                                       tender shall only be valid if it is accompanied by an
 COMMUNITIES,                                                        application for an export licence and by an applica­
                                                                     tion for advance fixing of the refund for the destina­
 Having regard to the Treaty establishing the European               tion in question ; whereas the intention of this
 Economic Community,                                                 provision is to facilitate assessment of the tender ;
 Having regard to Council Regulation (EEC) No                        Whereas, in order to ensure that the tenders are made
 2727/75 of 29 October 1975 on the common organiza­                  in good faith and to guarantee the smooth running of
 tion of the market in cereals (!), as last amended by               the proposed operation in existing market conditions,
 the Act of Accession of Greece (2), and in particular               it is necessary to provide for a special security ;
Article 7 (5) thereof,                                               whereas, for the same reasons, the security must be
                                                                     released only on provision of proof of the arrival of
Whereas Article 3 of Council Regulation (EEC) No                     the goods at their destination ;
 2738/75 of 29 October 1975 laying down general
 rules for intervention on the market in cereals (3)                 Whereas the measures provided for in this Decision
 provides that cereals held by the intervention agencies             are in accordance with the opinion of the Manage­
shall be disposed of by invitation to tender ;                       ment Committee for Cereals,
Whereas Commission Regulation (EEC) No 376/70 of
 27 February 1 970 (4) lays down the procedure and                   HAS ADOPTED THIS DECISION :
conditions for the disposal of cereals held by interven­
tion agencies ;
                                                                                                Article 1
Whereas the Federal Republic of Germany in a
 communication dated 14 January 1981 , advised the                   The German intervention agency may, on the
 Commission of its wish to put up for sale for export                following conditions, open a standing invitation to
 to non-member countries 235 000 tonnes of rye                       tender for the export of rye held by it.
which its intervention agency holds in store ; whereas,
 in view of the intervention stock levels within the
 Community, the proposed operation seems particu­                                               Article 2
 larly appropriate ;
                                                                     1.    The invitation to tender shall cover a maximum
Whereas the 235 000 tonnes of rye to be put up for                   of 235 000 tonnes of rye .
 sale by tender are to be exported from the points of
 departure for which tenders are to be made by                       2.    The regions in which the 235 000 tonnes of rye
                                                                     are stored are stated in the Annex.
 tenderers ; whereas a certain proportion of the said
 quantity is stored in other places ; whereas the
 German intervention agency, in order to place all                                              Article 3
 participants in the intervention to tender on the same
 footing, must undertake the sale at uniform prices,                 1 . The places for which the minimum sale price is
 and for that purpose, it should take over the cost of               to be fixed are as follows : Flensburg, Rendsburg, Kiel,
 transport from the place of storage to the points of                Kubeck, Brunsbiittel, Emden, Hamburg, Bremen,
 departure determined ;
                                                                     Rotterdam, Braunschweig, Fallersleben .
Whereas under Article 5 (5) of Commission Regula­                    2. Tenders must be drawn up by reference to the
 tion (EEC) No 376/70 it may be provided that a                      standard quality defined in Council Regulation (EEC)
                                                                     No 2731 /75 (5). They must relate to a quantity of at
(») OJ No L 281 , 1 . 11 . 1975, p. 1 .                              least 500 tonnes .
(2) OJ No L 291 , 19. 11 . 1979, p. 17.
(3) OJ No L 281 , 1 . 11 . 1975, p . 49 .
C) OJ No L 47, 28 . 2. 1970, p. 49 .                                 (5) OJ No L 281 , 1 . 11 . 1975, p . 22.
 ---pagebreak--- No L 82/ 24                           Official Journal of the European Communities                                28 . 3 . 81
3.      Tenders must be made for one or more ports or           exporter and tenderer by the German intervention
places of departure. The tenderer shall specify the port        agency.
or ports or places of departure in respect of which his
tender is put forward.                                                                     Article 4
Tender shall be for rye :                                        1 . Notwithstanding the provisions of Article 21 ( 1 )
— in port silos from which direct loading onto barge             of Commission Regulation (EEC) No 3183/80 (2),
      or sea-going vessel is possible, or                        export licences issued under this standing invitation
                                                                 to tender shall be considered, for the purposes of deter­
— delivered not unloaded to the place of embarka­                mining their period of validity, as having been issued
      tion in the port or place of departure.                    on the day the tender was submitted.
4. Tenders shall be valid only if they are accom­                2.     The said licences shall be valid fom their date of
panied by :                                                      issue, within the meaning of paragraph 1 , until the
— an application for export licence lodged by the                end of the fourth month following.
      tenderer, with an application for advance fixing of
      the export refund or levy, for the destination in                                    Article 5
      question . For the purpose of this Decision, all
      countries for which the same rate of export refund         The time limit for submission of tenders under the
      or levy is fixed shall be considered as one destina­       first partial invitation to tender shall expire on 18
      tion ,                                                     March 1981 at 1 p.m. (Brussels time).
— a written undertaking by the tenderer, counter­                The German intervention agency shall specify in the
      signed by a financial institution, to provide a            notice of invitation to tender the time limit for
      special security of 40 ECU per tonne not later             submission of tenders under the subsequent partial
      than two working days following the date of                invitation to tender.
      receipt of the information that this tender has
                                                                 The time limit for submission of tenders under the
      been accepted.
                                                                  last partial invitation to tender shall expire on 24 June
 5.      The security shall be released only in respect of        1981 at 1 p.m . (Brussels time).
 quantities for which the tenderer and exporter proves
 either :                                                                                   Article 6
 (a) that the customs formalities for release into free
       circulation have been completed in the non­                The German intervention agency lays down where
       member country or countries for which the export           necessary additional provisions and conditions
       refund or levy has been fixed in advance. The said         consistent with the provisions of this Decision.
       proof shall be provided in accordance with the
                                                                                            Article 7
       provisions of Article 20 (3) to (6) of Commission
       Regulation (EEC) No 2730/79 (i ) ; or                      This Decision is addressed to the Federal Republic of
 (b) that the product has become unsuitable for human             Germany.
       or animal consumption.
 6.      For rye which is not located at the places                Done at Brussels, 11 March 1981 .
 referred to in the first and second indents of the
 second subparagraph of paragraph 3, the most favour­
                                                                                               For the Commission
 able transport costs between the place of storage and
  the place of embarkation in the ports or places of                                             Poul DALSAGER
  departure referred to in paragraph 1 and attainable at
  the lowest transport cost, shall be reimbursed to the                                   Member of the Commission
  0 ) OJ No L 317, 12. 12. 1979 , p . 1 .                          (2) OJ No L 338, 13. 12. 1980, p. 1 .
 ---pagebreak--- 28 . 3 . 81    Official Journal of the European Communities        No L 82/25
                                       ANNEX
                                                          (tonnes)
                          Place of storage         Quantity
            Schleswig-Holstein                     59 965
            Hamburg                                17 074
            Niedersachsen                          86 343
            Bremen                                  15 889
            Nordrhein-Westfalen                    51 154
            Rheinland-Pfalz                          1 376
            Saarland                                 1 687