CELEX: 31974D0565
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 50 000 metric tons of common wheat held by the Belgian intervention agency

No L 309/ 18                              Official Journal of the European Communities                                  20 . 11 . 74
                                                    COMMISSION DECISION
                                                        of 30 October 1974
              on the opening of a standing invitation to tender for the export to the Republic
              of India of 50 000 metric tons of common wheat held by the Belgian interven­
                                                            tion agency
                                          (Only the French and Dutch texts are authentic)
                                                            (74/565/ EEC)
THE COMMISSION OF THE EUROPEAN                                        intention of this provision is to facilitate assessment of
COMMUNITIES,                                                          the tender ;
Having regard to the Treaty establishing the European                 Whereas Council Regulation (EEC) No 1968 /73 (5 ) of
Economic Community ;                                                  19 July 1973 , laying down general rules to be applied
                                                                      in the event of the cereals market being distributed, as
Having regard to Council Regulation No 120/                           last amended by Regulation (EEC) No 676/74 (6),
67/ EEC (') of 13 June 1967 on the common organiza­                   makes provisions for the fixing of an export levy ;
tion of the market in cereals, as last amended by Regu­               whereas pursuant to Article 3 (4) of that Regulation
lation (EEC) No 1996/74 (2), and in particular Articles               such levy may be subject to advance fixing ;
7(5) and 12(2) thereof ;
                                                                      Whereas it is only possible to make a proper assess­
Having regard to Commission Regulation (EEC) No                       ment of a tender if the tender is linked with the
376/70 (3) of 27 February 1970 laying down the proce­                 export levy applicable on the day on which it is
dure and conditions for the disposal of cereals held by               lodged ; whereas to this end, it is appropriate to apply
the intervention agencies, as last amended by Regula­                 to the export levy the rules of Article 5 (5) of Regula­
tion (EEC) No 1 29/73 (4), and in particular Article                  tion (EEC) No 376/70 together with all the other pro­
5(1 ) and (7) thereof ;                                               visions applicable in such cases ;
Whereas the supply situation for certain third coun­                  Whereas the successful tenderer undertakes to export
tries is extremely difficult and of such countries the                to a certain destination ; whereas compliance with that
Republic of India is particularly threatened ; whereas                obligation can be ensured by the requirement that
the Community wishes to contribute to an improve­                     special security must be provided for the purposes of
ment of the situation in that country by making avail­                the invitation to tender ;
able for that destination those products held in inter­
vention in the Kingdom of Belgium in respect of                       Whereas with a view to the smooth operation of the
which this Member State informed the Commission                       invitation to tender, a minimum quantity to be
on 24 October 1974 of the intention of its interven­                  tendered for should be specified and it should be
tion agency to invite tenders for the export of 50 000                provided that the rights arising from licences issued in
metric tons of common wheat ;                                         connection with the invitation to tender shall not be
                                                                      transferable ;
Whereas the 50 000 metric tons of common wheat to
be tendered for will be exported from certain ports                   Whereas        Commission            Regulation ( EEC)      No
from among which selection is to be made by the                        1 223/74 ( 7) of 15 May 1974 derogating from Regula­
tenderers ; whereas the common wheat is stored else­                  tion (EEC) No 2637/70 as regards the period of
where ; whereas the Belgian intervention agency, in                   validity of export licences for cereals and rice fixed
order to place all those participating in the tendering               such period of validity in the case of the basic cereals
procedure on the same competitive footing, must sell                  at 90 days ; whereas this period is too short for the
at a uniform price ; whereas it must accordingly bear                 operations envisaged in connection with the present
the cost of transport from the place of storage to the                invitation ; whereas the provisions of Article 1 ( 1 ) of
export ports stipulated ;                                             Regulation ( EEC) No 1223/74 should accordingly not
                                                                      be applied to licences issued in connection with this
Whereas under Article 5 (5) of Regulation (EEC) No                    invitation to tender ; whereas it follows that in the
376/70 it may be provided that a tender shall be valid                case of such licences the provisions of Article 21 ( 1 ) of
only if accompanied by an application for an export                    Commission Regulation (EEC) No 2637 / 70 (8) of 23
licence and by an application for advance fixing of the                December 1970 on special detailed rules for the appli­
refund for the destination in question ; whereas the                  cation of the system of import and export licences
(>)  OJ No  117, 19 . 6 . 1967 p . 2269 / 67 .                        ( 5 ). OJ No L 201 , 21 . 7 . 1 973 , p. 10 .
(2)  OJ No L 209 , 31 . 7 . 1974, p. 1 .                              ( b) OJ No L S3 , 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 .                             (s) Ol No L 283 , 29 . 12 . 1970, p. 15 .
 ---pagebreak--- 20 . 11 . 74                         Official Journal of the European Communities                            No L 309 / 19
and advance fixing certificates for agricultural                     fourth subparagraphs of Article 8 ( 1 ) of Regulation
products, as last amended by Regulation (EEC) No                     No 1041 / 67/ EEC .
2599/74 (') will apply.
                                                                4. As regards those quantities of common wheat
Whereas the measures provided for in this Decision              not stored or supplied as provided in the second
are in accordance with the Opinion of the Manage­               subparagraph of paragraph 2, successful tenderers
ment Committee for Cereals,                                     shall be entitled to reimbursement by the Belgian
                                                                intervention agency in respect of the cost of transport
                                                                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
                         Article 1                              lowest cost .
The Belgian intervention agency may, under the                                           Article 4
conditions hereinafter laid down, open a standing invi­
tation to tender for the export of common wheat held            A tender shall not be valid unless it relates to an
by it.                                                          amount of not less than 10 000 metric tons .
                          Article 2                                                      Article 5
1.      The invitation to tender shall relate to a quantity     By way of derogation from Article 3 of Regulation
of   50 000    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 places 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 1223/74 shall not apply to licences issued in
                                                                connection with this invitation to tender.
 1 . The places for which a minimum selling price
shall be fixed in accordance with Article 5 (7) of Regu­
lation (EEC) No 376/70 shall be as follows :                                             Article 7
Antwerp, Zeebrugge, Ghent, Rotterdam , Amsterdam .              The Belgian intervention agency shall specify in the
                                                                notice of invitation to tender the dates for the submis­
2.      Tenders must be made for one or more of these           sion of tenders .
ports . The tenderer shall specify the port or ports for
which the tender is made .                                      There must be at least 10 days between publication of
                                                                 the notice of invitation to tender and the first date
Tenders shall be understood to relate to common                  laid down for submission of tenders . The last date on
wheat which is either :
                                                                which     tenders   may be     submitted     shall be    18
— stored      in  harbour silos   from which     it can be       December 1974.
     loaded directly into a seagoing vessel, or
                                                                                         Article 8
— supplied undischarged at the place of embarkation
     at the port.                                               The Commission Decision of 1 July 1974 issuing a
3 . Where an export refund or levy is applicable on              standing invitation to tender for the export of 100 000
 the day on which tenders are lodged, tenders shall be           metric tons of common wheat held by the Belgian
valid only if accompanied by an application for an               intervention agency is repealed .
 export licence lodged by the tenderer and a corres­
 ponding application                                                                     Article 9
— for advance fixing of the refund for the destination           This Decision is addressed to the Kingdom of
     in question , or                                            Belgium .
— for advance fixing of the export levy. In this case
     there shall be applied those provisions of Regula­          Done at Brussels , 30 October 1974 .
      tions (EEC) No 2637/70 and (EEC) No 376/70
     applicable in the event of Article 5 (5) of the last­
                                                                                           For the Commission
      named Regulation being applied ; moreover, where
     Article 5 (3) (a) of Regulation ( EEC) No 376/70                                           The President
     applies, proof of arrival at the destination shall be
      furnished as provided in the second , third and                                     Francois-Xavier ORTOLI
 (') OJ No L 277, 12 . 10 . 1974, p. 32 .
 ---pagebreak--- No L 309 /20   Official Journal of the European Communities     20 . 11 . 74
                                       ANNEX
                                              Quantities stored
                      Place of storage          ( metric tons)
             Floreffe                               4 000
             Zeebrugge                              1 500
             Ghlin ( Mons)                          6 000
             Poperinge                              1 000
             Verrebroek                             4 212
             Racour                                12 000
             Liège                                  1 200
             Gand                                  18 088
             Ath                                    2 000