CELEX: 
Language: en
Date: 1982-04-27 00:00:00
Title: Commission Decision of 13 April 1982 opening a standing invitation to tender for the export of 17 500 tonnes of rye held by the Danish intervention agency

27. 4. 82                                Official Journal of the European Communities                         No L 113/31
                                                   COMMISSION DECISION
                                                        of 13 April 1982
              opening a standing invitation to tender for the export of 17 500 tonnes of rye
                                           held by the Danish intervention agency
                                                (Only the Danish text is authentic)
                                                          (82/265/EEC)
THE COMMISSION OF THE EUROPEAN                                      shall only be valid if it is accompanied by an applica­
COMMUNITIES,                                                        tion for an export licence and by an application for
                                                                    advance fixing of the refund for the destination in
Having regard to the Treaty establishing the European              question ; whereas the intention of this provision is to
Economic Community,                                                 facilitate assessment of the tender ;
Having regard to Council Regulation (EEC) No                       Whereas, in order to ensure that the tenders are made
2727/75 of 29 October 1975 on the common organi­                    in good faith and to guarantee the smooth running of
zation of the market in cereals ('), as last amended by             the proposed operation in existing market conditions,
Regulation (EEC) No 3808/81 (2), and in particular                  it is necessary to provide for a special security ;
Article 7 (5) thereof,                                             whereas, for the same reasons, the security must be
                                                                    released only on provision of proof of the arrival for
Whereas Article 3 of Council Regulation (EEC) No                   the goods at their destination ;
2738/75 of 29 October 1975 laying down general rules
for intervention on the market in cereals (3) provides             Whereas the measures provided for in this Decision
that cereals held by the intervention agencies shall be            are in accordance with the opinion of the Management
disposed of by invitation to tender ;                              Committee for Cereals,
Whereas Commission Regulation (EEC) No 376/70 of
27 February 1970 (4), as last amended by Regulation                 HAS ADOPTED THIS DECISION :
(EEC) No 1687/76 (*), lays the procedure and condi­
tions for the disposal of cereals held by the interven­                                       Article 1
tion agencies ;
                                                                   The Danish intervention agency may, on the following
Whereas Denmark in a communication dated 1 April                   conditions, open a standing invitation to tender for the
1982 advised the Commission of its wish to put up for              export of rye held by it.
sale for export to non-member countries 17 500
tonnes of rye which its intervention agency holds in
store ; whereas, in view of the intervention stock levels                                     Article 2
within the Community, the proposed operation seems                  1.     The invitation to tender shall cover a maximum
particularly appropriate ;
                                                                   of 17 500 tonnes of rye.
Whereas the 17 500 tonnes of rye to be put up for sale             2.      The region in which the 17 500 tonnes of rye are
by tender are to be exported from the points of depar­             stored is stated in the Annex .
ture for which tenders are to be made by tenderers ;
whereas a certain proportion of the said quantity is
stored in other places ; whereas the Danish interven­                                         Article 3
tion agency, in order to place all participants in the
intervention to tender on the same footing, must                    1.     The place for which the minimum sale price is
                                                                   to be fixed is as follows : Arhus.
undertake the sale at uniform prices and, for that
purpose, it should take over the cost of transport from            2. Tenders must be drawn up by reference to the
the place of storage to the points of departure deter­             standard quality defined in Council Regulation (EEC)
mined ;                                                             No 2731 /75 (6). They must relate to a quantity of at
                                                                   least 500 tonnes .
Whereas under Article 5 (5) of Commission Regula­
tion (EEC) No 376/70 it may be provided that a tender              3 . Tenders must be made for one or more ports or
                                                                    places of departure. The tenderer shall specify the port
(') OJ  No L  281 , 1 . 11 . 1975, p. 1 .
                                                                   or places of departure in respect of which his tender is
(2) OJ  No  L 382, 31 . 12. 1981 , p. 37.                           put forward.
(3) OJ  No  L 281 , 1 . 11 . 1975, p. 49 .
(4) OJ  No  L 47, 28 . 2. 1970 , p. 49 .
j5) OJ No L 190, 14. 7. 1976, p. 1 .                                 6) OJ No L 281 , 1 . 11 . 1975, p. 22.
                                                                                                       \
 ---pagebreak--- No L 113/32                       Official Journal of the European Communities                               27. 4. 82
Tenders shall be for rye :                                                            Article 4
— in port silos from which direct loading into barge        1 . Notwithstanding the provisions of Article 21 ( 1 )
    or sea-going vessel is possible, or                     of Commission Regulation (EEC) No 3183/80 (2),
— delivered not unloaded to the place of embarkation        export licences issued under this standing invitation to
    in the port or place of departure.                      tender shall be considered, for the purposes of deter­
                                                            mining their period of validity, as having been issued
4. Tenders shall be valid only if they are accompa­
nied by :                                                   on^the day the tender was submitted.
                                                            2. . The said licences shall be valid from their date of
— an application for export licences lodged by the          issue, within the meaning of paragraph 1 , until the
    tenderer, with an application for advance fixing of     end of the second month following.
    the export refund or levy, for the destination in
    question and with an application for advance                                      Article 5
    fixing of the monetary compensatory amount.
                                                            The time limit for submission of tenders under the
    For the purpose of this Decision, all countries for
    which the same rate of export refund or levy is         first partial invitation to tender shall expire on 21
    fixed shall be considered as one destination,           April 1982 at 1 p.m. (Brussels time).
— a written undertaking by the tenderer, counter­           The Danish intervention agency shall specify in the
    signed by the financial institution to provide a        notice of invitation to tender the time limit for
    special security of 40 ECU per tonne not later than     submission of tenders under the subsequent partial
    two working days following the date of receipt of       invitation to tender.
    the information that his tender has been accepted.
                                                            The time limit for submission of tenders under the
5. The security shall not be released, except for           last partial invitation to tender shall expire on 23 June
quantities for which the tenderer proves either :           1982 at 1 p.m . (Brussels time).
(a) that the customs formalities for release into free
                                                                                      Article 6
    circulation have been completed in the non­
    member country or countries for which the export        The Danish intervention agency lays down where
    refund or levy has been fixed in advance. The said      necessary additional provisions and conditions consis­
    proof shall be provided in accordance with the          tent with the provisions of this Decision.
    provisions of Article 20 (3) to (6) of Commission
    Regulation (EEC) No 2730/79 (') ; or                                              Article 7
(b) that the product has become unsuitable for human
    or animal consumption .                                 This Decision is addressed to the Kingdom of
                                                            Denmark.
6.    For rye which is not located at the places referred
to in the first and second indents of the second sub­
paragraph of paragraph 3, the most favourable trans­        Done at Brussels, 13 April 1982.
port costs between the place of storage and the place
of embarkation in the ports or places of departure                                      For the Commission
referred to in paragraph 1 and attainable at the lowest                                    Poul DALSAGER
transport cost, shall be reimbursed to the exporter and
tenderer by the Danish intervention agency.                                         Member of the Commission
(') OJ No L 317, 12. 12. 1979, p. 1 .                        (2) OJ No L 338 , 13. 12. 1980, p. 1 .
 ---pagebreak--- 27. 4. 82    Official Journal of the European Communities       No L 113/33
                                   ANNEX
                                                       (tonnes)
                  Place of storage            Quantity
          Jutland                             17 300