CELEX: 31974D0380
Language: en
Date: 1974-07-01 00:00:00
Title: Commission Decision of 1 July 1974 issuing a standing invitation to tender for the export of 50 000 metric tons of rye held by the German intervention agency

22. 7. 74                                Official Journal of the European Communities                         No L 199 / 17
                                                   COMMISSION DECISION
                                                          of 1 July 1974
               issuing a standing invitation to tender for the export of 50 000 metric tons of rye
                                          held by the German intervention agency
                                                (Only the German text is authentic)
                                                           (74/380/EEC)
THE COMMISSION OF THE EUROPEAN                                      in the event of the cereals market being disturbed, as
COMMUNITIES,                                                        last amended by Regulation (EEC) No 676/74 (6),
                                                                    provided for the possibility of fixing an export levy ;
Having regard to the Treaty establishing the European               whereas, according to Article 3 (4) of that Regulation,
Economic Community ;                                                this levy may be subject to advance fixing ;
Having regard to Council Regulation No 120/                         Whereas it is only possible to make a proper assess­
67/EEC ( ! ) of 13 June 1967 on the common organiza­                ment of a tender if the tender is linked with the
tion of the market in cereals, as last amended by the               export levy applicable on the day on which it is
Regulation (EEC) No 1346/73 (2), and in particular                  lodged ; whereas, in order to take account of this, it is
Article 7 (5) thereof ;                                             appropriate to apply to the export levy by analogy the
                                                                    rules of Article 5 (5) of Regulation (EEC) No 376/70
Having regard to Commission Regulation (EEC) No                     and to extend the application of all the provisions
376/70 (3) of 27 February 1970 laying down the proce­               made under this Article to the export levy ;
dure and conditions for the disposal of cereals held by
the intervention agencies, as last amended by Regula­               Whereas the measures provided for in this Decision
tion (EEC) No 129/73 (4), and in particular Article                 are in accordance with the Opinion of the Manage­
5 ( 1 ) and (7) thereof ;                                           ment Committee for Cereals,
Whereas the Federal Republic of Germany in its
communication of 20 June 1974 informed the
Commission of the intention of the German interven­                 HAS ADOPTED THIS DECISION :
tion agency to issue an invitation to tender for the
export of rye ;
                                                                                              Article 1
Whereas the 50 000 metric tons of rye to be tendered
for will be exported from the frontier crossing posts               The German intervention agency, may under the
for which the tenders are made by the tenderers ;                   conditions hereinafter laid down, issue a standing invi­
whereas the rye is stored elsewhere ; whereas the                   tation to tender for the export of rye held by it.
German intervention agency, in order to place all
those participating in the tendering procedure in the                                         Article 2
same competitive position shall sell at the same price ;
whereas in order to do this it will bear the cost of
                                                                     1 . The invitation to tender refers to a quantity of
transport from the place of storage to the frontier                 50 000 metric tons of rye.
crossing point stipulated ;
                                                                    2. The places in which the 50 000 metric tons of
Whereas under Article 5 (5) of Regulation (EEC) No                  rye are stored are listed in the Annex.
376/70 it may be provided that a tender shall only be
valid if it is accompanied by an application for an
export licence and by an application for advance                                              Article 3
fixing of the refund for the destination in question ;
whereas the intention of this provision is to allow for              1 . The minimum selling price is to be fixed for the
better assessment of the tender lodged by the                       following places in accordance with Article 5 (7) of
tenderer ;                                                          Regulation (EEC) No 376/70 : North Sea or Baltic
                                                                    ports of export and/or frontier crossing in the Federal
Whereas Council Regulation (EEC) No 1968/73 (5) of                  Republic of Germany, Rotterdam, Amsterdam,
 19 July 1973 laying down general rules to be applied               Antwerpen and Gent.
(») OJ   No 117, 19. 6. 1967, p. 2269/67.                           2.    Tenders must be made for one or more of these
(2) OJ  No  L 141 , 28 . 5. 1973, p. 8 .                            ports or exit points. The tenderer shall specify the
(3) OJ  No  L 47, 28 . 2. 1970, p. 49 .
(4) OJ   No L 17, 20 . 1 . 1973, p. 17.
(5) OJ  No  L 201 , 21 . 7. 1973, p. 10 .                           (6) OJ No L 83, 28 . 3 . 1974, p. 3 .
 ---pagebreak--- No L 199 / 18                      Official Journal of the European Communities                              22. 7. 74
port or ports or exit points for which the tender is         the exporter-tenderer by the German intervention
made.                                                        agency.
The tenders shall be for rye :                                                         Article 4
— which is in harbour silos from which it can be
     loaded directly onto a seagoing or canal barge, or      The German intervention agency shall lay down in
                                                             the notice of invitation to tender the dates on which
•— which is supplied undischarged at the place of             tenders may be submitted.
     embarcation at the port or exit point.
                                                             There must be at least 10 days between publication of
3. In cases where an export refund or levy is appli­          the notice of invitation to tender and the first date
cable on the day on which tenders are lodged, the             laid down for submission of tenders. The last date on
tenders shall only be valid if they are accompanied by       which tenders may be submitted is 31 December
an application for an export licence lodged by the            1974 .
tenderer and a corresponding application :
— for advance fixing of the refund for the destination                                 Article 5
     in question, or
                                                             This Decision is addressed to the Federal Republic of
— for advance fixing of the export levy—in this case
                                                              Germany.
     the provisions made under Article 5 (5) of Regula­
     tion (EEC) No 376/70 shall apply.
                                                              Done at Brussels, 1 July 1974.
4. As regards the quantities of rye which are not at
the places referred to in the first and second indents
                                                                                          For the Commission
of paragraph 2, the most advantageous transport costs
between the place of storage and the place of embarca­                                         The President
 tion at the port or exit point which may be reached at
 the most advantageous costs, shall be reimbursed to                                     François-Xavier ORTOLI
                                                        ANNEX
                                  Place of storage                            Quantities stored
              Schleswig-Holstein                                           14 882 metric tons
              Niedersachsen                                                11 803 metric tons
              Nordrhein-Westfalen                                          17 955 metric tons
              Bayern                                                        5 360 metric tons