CELEX: 
Language: en
Date: 1981-11-18 00:00:00
Title: Commission Decision of 28 October 1981 opening a standing invitation to tender for the export to Poland of 150 000 tonnes of common wheat of bread-making quality held by the French intervention agency

No L 330/ 14                              Official Journal of the European Communities                               18 . 11 . 81
                                                     COMMISSION DECISION
                                                          of 28 October 1981
                opening a standing invitation to tender for the export to Poland of ISO 000
                tonnes of common wheat of bread-making quality held by the French interven­
                                                              tion agency
                                                   (Only the French text is authentic)
                                                              (81 /905/EEC)
 THE COMMISSION OF THE EUROPEAN                                          the place of storage to the points of departure deter­
 COMMUNITIES,                                                            mined ;
 Having regard to the Treaty establishing the European                   Whereas, in order to ensure that the tenders are made
 Economic Community,                                                     in good faith and to guarantee the smooth running of
                                                                         the proposed operation in existing market conditions,
 Having regard to Council Regulation (EEC) No                            it is necessary to provide for a special security ;
 2727/75 of 29 October 1975 on the common organiza­                      whereas, for the same reasons, the security must be
 tion of the market in cereals (x), as last amended by                   released only on provision of proof of the arrival of
 Regulation (EEC) No 1949/81 (2), and in particular                      the goods at their destination ;
 Article 8 (4) thereof,
                                                                         Whereas the measures provided for in this Decision
 Having regard to Council Regulation (EEC) No                            are in accordance with the opinion of the Manage­
 1146/76 of 17 May 1976 on particular and special                        ment Committee for Cereals,
 intervention measures for cereals (3),
 Having regard to Council Regulation (EEC) No
                                                                         HAS ADOPTED THIS DECISION :
 1055/77 of 17 May 1977 on the storage and move­
 ment of products bought in by an intervention
 agency (4), and in particular Article 4 thereof,                                                  Article 1
Whereas the French Republic, in a communication                         The French intervention agency may, on the
 dated 15 October 1981 , advised the Commission of its                   following conditions, open an invitation to tender for
wish to put up for sale, for export to non-member                        the export of common wheat of bread-making quality
 countries, 1 50 000 tonnes of common wheat of bread­                    held by it.
 making quality held by its intervention agency ;
whereas, in view of the intervention stock levels
                                                                                                   Article 2
within the Community, the proposed operation seems
 particularly appropriate ;                                              1.    The invitation to tender shall cover a maximum
Whereas the European Council on 7 October 1981                          of 1 50 000 tonnes of common wheat of bread-making
                                                                        quality.
agreed that steps should be taken to facilitate the
purchase by Poland of certain agricultural products of                  2. The regions in which the 1 50 000 tonnes of
the Community ; whereas in view of the available                        common wheat of bread-making quality are stored are
supplies of Community cereals it is possible to put at                  stated in the Annex.
the disposal of Poland some 1 50 000 tonnes of
common wheat ;
                                                                                                   Article 3
Whereas the 1 50 000 tonnes of common wheat to be
put up for sale by tender are to be exported from the                    1 . The places for which the minimum sale price is
points of departure for which tenders are to be made                    to be fixed are as follows : Nantes, Rouen, Dunkerque.
by tenderers ; whereas a certain proportion of the said
quantity is stored in other places ; whereas the French                 2. Tenders must be made by reference to the
intervention agency, in order to place all participants                 standard quality defined in Regulation (EEC) No
in the invitation to tender on the same footing, must                   2731 /75 (5). When the quality of the cereal differs
undertake the sale at uniform prices and, for that                      from the standard quality, the tender accepted shall be
purpose, it should take over the cost of transport from                 adjusted by applying the increases or reductions laid
                                                                        down in Article 5 of Regulation (EEC) No 1 629/77 (6).
                                                                        Tenders must be for a minimum of 1 000 tonnes.
(») OJ  No  L  281 , 1 . 11 . 1975,  p. 1.
(2) OJ  No  L  198,  20 . 7 . 1981 , p. 2.
(3) OJ  No  L  130,  19 . 5 . 1976,  p. 1.                              (5) OJ No L 281 , 1 . 11 . 1975, p. 22.
(4) OJ  No  L  128,  24. 5.   1977,  p. 1.                              (') OJ No L 181 , 21 . 7. 1977, p. 26.
 ---pagebreak---  18 . 11 . 81                        Official Journal of the European Communities                         No L 330/ 15
 3. Tenders must be made for one or more ports or               paid by the contractor shall be increased monthly by
 places of departure. The tenderer shall specify the port       an amount not less than the monthly increase in the
 or ports or places of departure in respect of which his        reference price.
 tender is put forward.
                                                                                         Article 4
Tenders shall be for common wheat of bread-making
 quality :                                                      1.    Notwithstanding the provisions of Article 21 ( 1 )
— in port silos from which direct loading into barge            of Regulation (EEC) No 3183/80 (2), export licences
      or sea-going vessel is possible, or                       issued under this standing invitation to tender shall be
                                                                considered, for the purpose of determining their
 — delivered not unloaded to the place of embarka­              period of validity, as having been issued on the day
      tion in the port or place of departure.                   the tender was submitted .
4. Tenders shall be valid only if they are accompa­             2.    The said licences shall be valid from their date
 nied by :                                                     of issue within the meaning of paragraph 1 until the
— an application for export licences lodged by the              end of the second month following.
      tenderer, with an application for advance fixing of
      the export refund or levy, for Poland, and with an                                 Article 5
      application for advance fixing of the monetary
      compensatory amount,
                                                                1 . For the first weekly award, tenders must be
                                                               submitted to the French intervention agency not later
— a written undertaking by the tenderer, counter­              than 28 October 1981 at 1 p.m. (Belgian time).
      signed by the financial institution, to provide a
      special security of 50 ECU per tonne not later           The final date for submission of tenders is hereby
      than two working days following the date of              fixed at 16 December 1981 .
      receipt of the information that his tender has been
      accepted,                                                2. On expiry of the time limit laid down for
                                                               submission of tenders, the intervention agency shall
— the proof of an undertaking to purchase by the               forward to the Commission an anonymous list, stating
      Polish authorities covering the invitation to tender     the price for each tender, expressed in ECU per
      in question for a given quantity.                        tonne, and the quantity.
 5. The security shall not be released, except for             The Commission shall, in accordance with the proce­
quantities for which the exporter provides proof that :        dure referred to in Article 26 of Regulation (EEC) No
(a) the customs formalities for placing in free circula­       2727/75, fix the minimum sale price on the basis of
     tion have been completed in Poland. The proof             the said tenders, or shall decide not to make an award.
     shall be in accordance with the provisions of
     Article 20 (3) to (6) of Commission Regulation                                     Article 6
     (EEC) No 2730/79 (*) ; or
                                                               The French intervention agency lays down where
(b) that the product has become unsuitable for human           necessary additional provisions and conditions
     or animal consumption .                                   consistent with the provisions of this Decision;
6. For common wheat of bread-making quality
which is not located at the places referred to in first                                 Article 7
and second indents of the second subparagraph of
paragraph 3, the most favourable transport costs               This Deicision is addressed to the French Republic.
between the place of storage and the place of embarka­
tion in the ports or places of departure referred to in        Done at Brussels, 28 October 1981 .
paragraph 1 and attainable at the lowest transport cost
shall be reimbursed to the exporter and tenderer by                                        For the Commission
the French intervention agency.
                                                                                             Poul DALSAGER
7.      If the cereals are removed later than the month
in which the contract was awarded, the price to be                                    Member of the Commission
(>) OJ No L 317, 12. 12. 1979, p . 1 .                         (2) OJ No L 338 , 13 . 12. 1980, p. 1 .
 ---pagebreak--- No L 330/ 16   Official Journal of the European Communities        18 . 11 . 81
                                        ANNEX
                                                          (tonnes)
                           Place of storage        Quantity
             Administrative regions :
               Orléans                             54 554
               Châlons sur Marne                   52 591
               Amiens                              29 332
               Lille                               13 523