CELEX: 31974D0564
Language: en
Date: 1974-10-30 00:00:00
Title: Commission Decision of 30 October 1974 on the opening of a standing invitation to tender for the export to the Republic of India of 150 000 metric tons of common wheat held by the German intervention agency

20 . 11 . 74                               Official Journal of the European Communities                               No L 309 / 15
                                                     COMMISSION DECISION
                                                         of 30 October 1974
               on the opening of a standing invitation to tender for the export to the Republic
               of India of 150 000 metric tons of common wheat held by the German interven­
                                                             tion agency
                                                  (Only the German text is authentic)
                                                             (74/564/ EEC)
THE COMMISSION OF THE EUROPEAN                                         Whereas Council Regulation (EEC) No 1968/73 (5) of
COMMUNITIES,                                                           19 July 1973, laying down general rules to be applied
                                                                       in the event of the cereals market being disturbed, as
 Having regard to the Treaty establishing the European                 last amended by Regulation (EEC) No 676/74 (6),
 Economic Community ;                                                  makes provisions for the fixing of an export levy ;
                                                                       whereas pursuant to Article 3 (4) of that Regulation
 Having regard to Council Regulation No 120/
                                                                       such levy may be subject to advance fixing ;
67/EEC (') of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
 lation (EEC) No 1 996/74 (2), and in particular Articles              Whereas it is only possible to make a proper assess­
7(5) and 12(2) thereof ;                                               ment of a tender if the tender is linked with the
                                                                       export levy applicable on the day on which it is
 Having regard to Commission Regulation (EEC) No                       lodged ; whereas to this end it is appropriate to apply
376/70 (3) of 27 February 1970 laying down the proce­                  to the export levy the rules of Article 5 (5) of Regula­
dure and conditions for the disposal of cereals held by                tion (EEC) No 376/70 together with all the other pro­
the intervention agencies, as last amended by Regula­                  visions applicable in such cases ;
tion (EEC) No 129/73 (4) and in particular Article 5 ( 1 )
and (7) thereof ;
                                                                       Whereas the successful tenderer undertakes to export
Whereas the supply situation for certain third coun­                   to a certain destination ; whereas compliance with that
 tries is extremely difficult and of such countries the                obligation can be ensured by the requirement that
 Republic of India is particularly threatened ; whereas                special security must be provided for the purposes of
 the Community wishes to contribute to an improve­                     the invitation to tender ;
 ment of the situation in that country by making avail­
 able for that destination those products held in                      Whereas with a view to the smooth operation of the
 respect of which this Member State informed the                       invitation to tender, a minimum quantity to be
 Commission on 24 October 1974 of the intention of                     tendered for should be specified and it should be
 its intervention agency to invite tenders for the export              provided that the rights arising from licences issued in
 of 150 000 metric tons of common wheat ;                              connection with the invitation to tender shall not be
                                                                       transferable ;
Whereas the 150 000 metric tons of common wheat
 to be tendered for will be exported from certain ports
 from among which selection is to be made by the                       Whereas        Commission           Regulation (EEC) No
 tenderers ; whereas the common wheat is stored else­                   1 223/74 (7) of 15 May 1974 derogating from Regula­
where ; whereas the German intervention agency, in                     tion (EEC) No 2637/70 as regards the period of
 order to place all those participating in the tendering               validity of export licences for cereals and rice fixed
 procedure on the same competitive footing, must sell                  such period of validity in the case of the basic cereals
 at a uniform price ; whereas it must accordingly bear                 at 90 days ; whereas this period is too short for the
 the cost of transport from the place of storage to the                operations envisaged in connection with the present
 export ports stipulated ;                                             invitation ; whereas the provisions of Article 1 ( 1 ) of
                                                                       Regulation (EEC) No 1223/74 should accordingly not
Whereas under Article 5 (5) of Regulation (EEC) No                     be applied to licences issued in connection with this
 376/70 it may be provided that a tender shall be valid                invitation to tender ; whereas it follows that in the
 only if accompanied by an application for an export                   case of such licences the provisions of Article 21 ( 1 ) of
 licence and by an application for advance fixing of the               Commission Regulation (EEC) No 2637/70 (8) of 23
 refund for the destination in question ; whereas the                  December 1970 on special detailed rules for the appli­
 intention of this provision is to facilitate assessment of            cation of the system of import and export licences
 the tender ;                                                          and advance fixing certificates for agricultural
 (!) OJ  No  117, 19 . 6 . 1967, p . 2269 /67 .                        (5 ) OJ No   L 201 , 21 . 7 . 1973 , p. 10 .
 (2) OJ  No  L 209 , 31 . 7 . 1974, p. 1 .                             (0)  OJ No   L 83 , 28 . 3 . 1974, p. 3 .
 (3) OJ  No  L 47, 28 . 2 . 1970 , p. 49 .                             ( 7) OJ No   L 133 , 16 . 5 . 1974, p. 22 .
 (4) OJ  No  L 17, 20 . 1 . 1973 , p. 17 .                             ( 8> OJ No   L 283 , 29 . 12. 1970 , p. 15 .
 ---pagebreak--- No L 309 / 16                        Official Journal of the European Communities                             20 . 11 . 74
products as last amended by Regulation (EEC) No                4. As regards those quantities of common wheat
2599/74 (J) will apply ;                                        not stored or supplied as provided in the second
                                                                subparagraph of paragraph 2, successful tenderers
Whereas the measures provided for in this Decision              shall be entitled to reimbursement by the German
are in accordance with the Opinion of the Manage­               intervention agency in respect of the cost of transport
ment Committee for Cereals,
                                                                on the most favourable terms from the place of
HAS ADOPTED THIS DECISION :
                                                                storage to that place of embarkation as the ports speci­
                                                                fied in paragraph 1 which may be reached at the
                                                                lowest cost.
                           Article 1
The German intervention agency may, under the                                           Article 4
conditions hereinafter laid down, open a standing invi­         A tender shall not be valid unless it relates to an
tation to tender for the export of common wheat held            amount of not less than 10 000 metric tons .
by it.
                           Article 2                                                    Article 5
1.     The invitation to tender shall relate to a quantity      By way of derogation from Article 3 of Regulation
of   150 000     metric tons of common wheat to be              (EEC) No 1373/70, the rights arising from export
exported to the Republic of India.                              licences issued in connection with this invitation to
                                                                tender shall not be transferable .
2. The regions in which the said common wheat is
stored are specified in the Annex hereto.                                               Article 6
                           Article 3                            The provisions of Article 1 ( 1 ) of Regulation (EEC) No
1 . The places for which a minimum selling price                 1223/74 shall not apply to licences issued in connec­
                                                                tion with this invitation to tender.
shall be fixed in accordance with Article 5 (7) of Regu­
lation (EEC) No 376/70 shall be as follows : Hamburg,
Emden,      Unterweserhafen,      Rotterdam,   Amsterdam,                                Article 7
Antwerp .
                                                                The German intervention agency shall specify in the
2.     Tenders must be made for one or more of these            notice of invitation to tender the dates for the submis­
ports. The tenderer shall specify the port or ports for         sion of tenders .
which the tender is made .
                                                                There must be at least 10 days between publication of
Tenders shall be understood to relate to common                 the notice of invitation to tender and the first date
wheat which is either :                                         laid down for submission of tenders . The last date on
— stored      in  harbour silos from which       it can be      which    tenders   may be      submitted    shall   be   18
                                                                 December 1974.
     loaded directly into a seagoing vessel, or
— supplied undischarged at the place of embarkation
     at the port.                                                                        Article 8
3 . Where an export refund or levy is applicable on             The Commission Decision of 10 July 1974 issuing a
the day on which tenders are lodged, tenders shall be            standing invitation to tender for the export of 400 000
valid only if accompanied by an application for an               metric tons of common wheat held by the German
export licence lodged by the tenderer and a corres­              intervention agency is repealed .
ponding application
— for advance fixing of the refund for the destination                                   Article 9
     in question, or
                                                                This Decision is addressed to the Federal Republic of
— for advance fixing of the export levy. In this case            Germany.
     there shall be applied those provisions of Regula­
     tions (EEC) No 2637/70 and (EEC) No 376/70
     applicable in the event of Article 5 (5) of the last­       Done at Brussels , 30 October 1974 .
      named Regulation being applied ; moreover, where
     Article 5 (3) (a) of Regulation (EEC) No 376/70
                                                                                           For the Commission
     applies, proof of arrival at the destination shall be
      furnished as provided in the second, third and                                            The President
      fourth subparagraphs of Article 8(1 ) of Regulation
      No 1041 / 67 / EEC .                                                                Francois-Xavier ORTOLI
 (') OJ No L 277, 12 . 10 . 1974, p. 32 .
 ---pagebreak--- 20 . 11 . 74                      Official Journal of the European Communities             No L 309/ 17
                                                       ANNEX
                                                                         Quantities stored
                                 Region of storage                         ( metric tons)
             Schleswig-Holstein / Hamburg                                       4 236
             Niedersachsen / Bremen                                           15 380
             Nordrhein-Westfalen                                              12 434
             Hessen                                                             6 241
             Rheinland-Pfalz, Baden-Württemberg, Saarland                     40 467
             Bayern                                                           71 840