CELEX: 31990R1384
Language: en
Date: 1990-05-24 00:00:00
Title: Commission Regulation (EEC) No 1384/90 of 23 May 1990 opening a standing invitation to tender for the export of 500 000 tonnes of common bread-making wheat held by the German intervention agency

No L 133 /28                              Official Journal of the European Communities                                 24. 5 . 90
                                      COMMISSION REGULATION (EEC) No 1384/90
                                                          of 23 May 1990
                  opening a standing invitation to tender for the export of 500 000 tonnes of
                       common bread-making wheat held by the German intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         standing invitation to tender for the export of 500 000
                                                                    tonnes of common wheat of bread-making quality held
Having regard to the Treaty establishing the European -
                                                                    by it.
Economic Community,
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)                                   Article 2
No 201 /90 (2), and in particular Article 7 (5) thereof,
Whereas Article 3 of Council Regulation (EEC) No                     1.   The invitation to tender shall cover a maximum of
1581 /86 of 23 May 1986 laying down general rules for               500 000 tonnes of common wheat of bread-making
intervention on the market in cereals (3), as amended by            quality to be exported to all third countries, excluding the
Regulation (EEC) No 195/89 (4), lays down that cereals              German Democratic Republic. The wheat must be
held by the intervention agencies are to be disposed of by          exported during the period 1 July to 31 August 1990 ;
invitation to tender ;
Whereas Commission Regulation (EEC) No 1836/82 (*),                 2. The regions in which the 500 000 tonnes of
as last amended by Regulation (EEC) No 2418/87 (6), lays            common wheat of bread-making quality are stored are
down the procedure and conditions for the disposal of               stated in Annex I to this Regulation.
cereals held by intervention agencies ;
Whereas, given the current market situation, a standing
invitation to tender should be opened for the export at                                      Article 3
the beginning of the 1990/91 cereals marketing year of
500 000 tonnes of common wheat of bread-making
quality held by the German intervention agency ;                     1 . The export licences shall be valid from their date of
                                                                    issue, within the meaning of Article 9 of Regulation
Whereas the proposed invitation to tender for the export            (EEC) No 1836/82, until 31 August 1990 .
of intervention stocks is special in that it will be opened
at the end of the marketing year, from May 1990, but for
deliveries which will not be possible until the new                  2. Tenders submitted in response to this invitation to
marketing year between 1 July and 31 August 1990 ;                   tender shall be admissible only if they are accompanied
whereas there should therefore be a derogation from the             by a written undertaking to export during the period 1
first paragraph of Article 16 of Regulation (EEC) No                July to 31 August 1990 . They may not be accompanied
1836/82, which provides for a maximum delay of one                   by applications for export licences pursuant to Article 44
month between acceptance of the tender and payment                   of Commission Regulation (EEC) No 3719/88 f).
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
                                                                                             Article 4
increased by monthly increments for the removal of the
wheat from the intervention store in July, whereas export
was not scheduled previously ;                                       1 . By way of derogation from Article 7 ( 1 ) of Regula­
Whereas the measures provided for in this Regulation are             tion (EEC) No 1836/82, the time limit for submission of
in accordance with the opinion of the Management                     tenders under the first partial invitation to tender shall
Committee for Cereals,                                               expire on 30 May 1990 at 1 p.m. (Brussels time).
                                                                     2.    The time limit for submission of tenders under the
HAS ADOPTED THIS REGULATION :
                                                                     subsequent partial invitations to tender shall expire each
                             Article 1                               Wednesday at 1 p.m . (Brussels time).
The German intervention agency may, on the conditions                3. The last partial invitation to tender shall expire on
laid down in Regulation (EEC) No 1836/82, open a                     27 June 1990 at 1 p.m. (Brussels time).
(') OJ  No L  281 , 1 . 11 . 1975, p. 1 .
(2) OJ  No L  22, 27. 1 . 1990, p. 7.                                4. The tenders shall be lodged with the German inter­
0   OJ  No L  139, 24. 5. 1986, p. 36.                               vention agency.
(4) OJ  No L  25, 28. 1 . 1989, p. 22.
0   OJ  No L  202, 9. 7. 1982, p. 23 .
(<) OJ  No L  223, 11 . 8 . 1987, p. 5.                              0 OJ No L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak--- 24. 5 . 90                            Official Journal of the European Communities                          No L 133/29
                         Article 5                              said Regulation shall not be released until proof is
                                                                furnished that the export has taken place during the
The successful tenderer shall pay for the cereals before        period 1 July to 31 August 1990 .
they are removed. By way of derogation from the first
paragraph of Article 16 of Regulation (EEC) No 1836/82,
the time limit of one month between the date on which                                    Article 7
the statement referred to in Article 15 of the said Regula­
tion is sent and payment shall not be applicable.               The German intervention agency shall notify the
By way of derogation from the second paragraph of                Commission of the tenders received not later than two
Article 16 of Regulation (EEC) No 1836/82, the price             hours after expiry of the time limit for the submission
payable for export shall be that mentioned in the tender         thereof. Notification shall be given as specified in the
where the cereals are removed in July 1990. The price            table in Annex II to this Regulation.
shall be increased by a monthly increment where the
cereals are removed in August 1990.
                                                                                         Article 8
                         Article 6
                                                                 This Regulation shall enter into force on the day
Notwithstanding Article 17 (3) of Regulation (EEC) No            following its publication in the Official Journal of the
1836/82, the security referred to in Article 8 (2) (c) of the    European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 23 May 1990.
                                                                          For the Commission
                                                                           Ray MAC SHARRY
                                                                      Member of the Commission
 ---pagebreak--- No L 133/30                              Official Journal of the European Communities                                      24. 5 . 90
                                                                 ANNEX I
                                                                                                    (tonnes)
                                               Place of storage                         Quantity
                                   Schleswig-Holstein / Hamburg                          98 351
                                   Niedersachsen / Bremen                               128 983
                                   Nordrhein-Westfalen                                  101 574
                                   Hessen                                                41 375
                                   Rheinland-Pfalz                                       24 805
                                   Baden-Wiirttemberg                                    24 430
                                   Bayern                                                80 413
                                                                 ANNEX II
          Standing invitation to tender for the export of 500 000 tonnes of bread-making wheat held by the
                                                       German intervention agency
                                                       (Regulation (EEC) No 1384/90)
                    1                2                 3               4                  5               6         7
                                                                                  Price increases
                                                                  Offer price         ( + ) or     Commercial
                Tender         Consignment         Quantity      (ECU/tonne)        reductions          costs  Destination
                   No               No             (tonnes)            (')              (-)        (ECU/tonne)
                                                                                   (ECU/tonne)
                    1
                    2
                    3
                   etc.
           (') This price includes the increases or reductions relating to the lot to which the tender refers.