CELEX: 31994R1079
Language: en
Date: 1994-05-11 00:00:00
Title: Commission Regulation (EC) No 1079/94 of 10 May 1994 opening a standing invitation to tender for the export of 250 000 tonnes of bread-making wheat held by the Danish intervention agency

11 . 5. 94                                Official Journal of the European Communities                            No L 120/ 15
                                        COMMISSION REGULATION (EC) No 1079/94
                                                          of 10 May 1994
                   opening a standing invitation to tender (or the export of 250 000 tonnes of
                              bread-making wheat held by the Danish 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
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 last amended by Regulation (EEC)
No 2193/93 (2), and in particular Article 13 thereof,                                         Article 1
Whereas Commission Regulation (EEC) No 2131 /93 (3),                The Danish 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 procedure and conditions for the disposal of cereals            standing invitation to tender for the export of 250 000
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
250 000 tonnes of bread-making wheat held by the                    1.    The invitation to tender shall cover a maximum of
Danish intervention agency ;                                        250 000 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 1994, but for            2. The regions in which the 250 000 tonnes of bread­
deliveries which will not be possible until the new                 making wheat are stored are stated in Annex I to this
 1994/95 marketing year between 1 July and 30                       Regulation.
September 1994 ; whereas there should therefore be a
derogation from the first paragraph of Article 16 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 16 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 (*), as amended by Regulation (EC) No                      3719/88 f).
547/94 (*); 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
advance in accordance with Articles 13 to 17 of Regula­                                       Article 4
tion (EEC) No 1068/93 ;
                                                                     1.    Notwithstanding Article 7 (1 ) of Regulation (EEC)
(') OJ  No  L 181 , 1 . 7. 1992, p. 21 .                            No 2131 /93, the time limit for submission of tenders
0   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).
(4) OJ  No  L 21 , 26. 1 . 1994, p. 1 .
O   OJ  No  L 108, 1 . 5. 1993, p. 106.
0   OJ  No  L 69, 12. 3. 1994, p. 1 .                               f) OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak--- No L 120/ 16                         Official Journal of the European Communities                                 11 . 5. 94
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 1993 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 Danish 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 1994 :                                           The Danish intervention agency shall notify the Commis­
                                                               sion of the tenders received not later than two hours after
— notwithstanding the first subparagraph of Article 1 6 of     expiry of the time limit for the submission thereof. Noti­
    Regulation (EEC) No 2131 /93, the products must be         fication shall be given as specified in the table in Annex
    removed not later than 31 July 1994,                       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
   paid for products for export shall be that indicated in                               Article 8
   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--- 11 . 5 . 94                           Official Journal of the European Communities                                          No L 120/ 17
                                                               ANNEX I
                                                                                                    (tonnes)
                                                Place of storage                          Quantity
                                 Jylland                                                   130 000
                                 Fyn                                                        20 000
                                 Sjælland                                                  100 000
                                                               ANNEX II
            Standing invitation to tender for the export of 250 000 tonnes of bread-making wheat held
                                               by the Danish intervention agency
                                                    (Regulation (EC) No 1079/94)
                     1                2               3               4                5                6            7
                                                                               Price increases
                                                                                   ( + ) or       Commercial
                                                  Quantity
                                                                 Offer price     reductions
                  Tender        Consignment                     (ECU/tonne)                           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.