CELEX: 31993R1197
Language: en
Date: 1993-05-18 00:00:00
Title: Commission Regulation (EEC) No 1197/93 of 17 May 1993 opening a standing invitation to tender for the export of 300 000 tonnes of feed rye held by the German intervention agency

No L 122/20                               Official Journal of the European Communities                                 18 . 5. 93
                                      COMMISSION REGULATION (EEC) No 1197/93
                                                          of 17 May 1993
                  opening a standing invitation to tender for the export of 300 000 tonnes of feed
                                         rye held by the German intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          tion without prejudice to the possibility of fixing the agri­
                                                                     cultural conversion rate in advance in accordance with
Having regard to the Treaty establishing the European                Articles 13 to 17 of Regulation (EEC) No 1068/93 ;
Economic Community,
                                                                     Whereas the measures provided for in this Regulation are
Having regard to Council Regulation (EEC) No 2727/75                 in accordance with the opinion of the Management
of 29 October 1975 on the common organization of the                 Committee for Cereals,
market in cereals ('), as last amended by Regulation (EEC)
No 1 738/92 (2), and in particular Article 7 (6) thereof,
Whereas Article 3 of Council Regulation (EEC) No                     HAS ADOPTED THIS REGULATION :
1581 /86 of 23 May 1986 laying down general rules for
intervention on the market in cereals (3), as last amended
by Regulation (EEC) No 2203/90 0, lays down that                                               Article 1
cereals held by the intervention agencies are to be
disposed of by invitation to tender ;                                The German intervention agency may, on the conditions
                                                                     laid down in Regulation (EEC) No 1836/82, open a
Whereas Commission Regulation (EEC) No 1836/82 0,                    standing invitation to tender for the export of 300 000
as last amended by Regulation (EEC) No 966/93 0, lays                tonnes of feed rye held by it.
down the procedure and conditions for the disposal of
cereals held by intervention agencies ;
                                                                                               Article 2
Whereas, given the current market situation, a standing
invitation to tender should be opened for the export at               1.   The invitation to tender shall cover a maximum of
the beginning of the 1993/94 cereals marketing year of               300 000 tonnes of feed rye to be exported to all third
300 000 tonnes of feed rye held by the German interven­              countries. Customs export formalities must be completed
tion agency ;                                                        during the period 1 July to 30 September 1993.
Whereas the proposed invitation to tender for the export             2. The regions in which the 300 000 tonnes of feed rye
of intervention stocks is special in that it will be opened          are stored are stated in Annex I to this Regulation.
at the end of the marketing year, from May 1993, but for
deliveries which will not be possible until the new
1993/94 marketing year between 1 July and                                                      Article 3
30 September 1993 ; whereas there should therefore be a
derogation from the first paragraph of Article 16 of Regu­            1 . The export licences shall be valid from their date of
lation (EEC) No 1836/82, which provides for a maximum                issue, within the meaning of Article 9 of Regulation
delay of one month between acceptance of the tender and              (EEC) No 1836/82, until 30 September 1993.
payment and also a derogation from the second paragraph
of Article 16 of the said Regulation, application of which
would have led to the price accepted already being                   2. Tenders submitted in response to this invitation to
increased by monthly increments for the removal of the               tender shall be admissible only if they are accompanied
cereals from the intervention store in July, whereas export          by a written undertaking to export during the period
was not scheduled previously ;                                        1 July to 30 September 1993. They may not be accompa­
                                                                     nied by applications for export licences pursuant to
                                                                     Article 44 of Commission Regulation (EEC)
Whereas from 1 July 1993 the operative event for the                 No 3719/88 (8).
conversion of tenders submitted for intervention stocks is
the date of payment for cereals as fixed by Commission
Regulation (EEC) No 1068/93 0 ; whereas this rule                                              Article 4
should be applied to the sales provided for in this Regula­
                                                                     1.    Notwithstanding Article 7 (1 ) of Regulation (EEC)
(') OJ  No L 281 , 1 . 11 . 1975, p. 1 .                             No 1836/82, the time limit for submission of tenders
0   OJ  No L 180, 1 . 7. 1992, p. 1 .
(3) OJ  No L 139, 24. 5. 1986, p. 36.                                under the first partial invitation to tender shall expire on
0   OJ  No L 201 , 31 . 7. 1990, p. 5.                               26 May 1993 at 1 p.m. (Brussels time).
0   OJ  No L 202, 9. 7. 1982, p. 23.
0   OJ  No L 98, 24. 4. 1993, p. 25.
0   OJ  No L 108, 1 . 5. 1993, p. 106.                               (8) OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak--- 18 . 5. 93                           Official Journal of the European Communities                             No L 122/21
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.
Wednesday at 1 p.m. (Brussels time).
                                                                                         Article 6
3 . The last partial invitation to tender shall expire on
25 August 1993 at 1 p.m. (Brussels time).                       Notwithstanding Article 17 (3) of Regulation (EEC)
                                                                No 1836/82, the security referred to in the second indent
4. The tenders shall be lodged with the German inter­           of Article 17 (2) of the said Regulation shall not be
vention agency.                                                 released until proof is furnished that the customs export
                                                                formalities have taken place during the period 1 July to
                                                                30 September 1993.
                         Article 5
                                                                                         Article 7
The following provisions shall apply to tenders submitted       The German intervention agency shall notify the
before 1 July 1993 :                                            Commission of the tenders received not later than two
— notwithstanding the first subparagraph of Article 1 6 of      hours after expiry of the time limit for the submission
    Regulation (EEC) No 1836/82, the products must be           thereof. Notification shall be given as specified in the
    removed not later than 31 July 1993,                        table in Annex II to this Regulation, to the telex or
                                                                telefax numbers in Annex III .
— nothwithstanding the second subparagraph of
    Article 16 of Regulation (EEC) No 1836/82, the price                                 Article 8
    to be paid for products for export shall be that indi­
    cated 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, 17 May 1993 .
                                                                          For the Commission
                                                                            René STEICHEN
                                                                      Member of the Commission
 ---pagebreak--- No L 122/22                            Official Journal of the European Communities                                         18 . 5. 93
                                                               ANNEX I
                                                                                                 (tonnes)
                                            Place of storage                         Quantity
                                 Schleswig-Holstein/Hamburg                           86 792
                                 Niedersachsen/Bremen                                 50 893
                                 Nordrhein-Westfalen                                  13 659
                                 Hessen                                                 8 731
                                 Rheinland-Pfalz                                        8 927
                                 Baden-Württemberg                                      9 898
                                 Bayern                                               18 105
                                 Saarland                                                 121
                                 Berlin/Brandenburg                                   43 175
                                 Mecklenburg-Vorpommern                               28 265
                                 Sachsen                                                5 735
                                 Sachsen-Anhalt                                       25 703
                                                              ANNEX II
            Standing invitation to tender for the export of 300 000 tonnes of feed rye held by the
                                                   German intervention agency
                                                   (Regulation (EEC) No 1197/93)
                     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.