CELEX: 31990R1701
Language: en
Date: 1990-06-23 00:00:00
Title: Commission Regulation (EEC) No 1701/90 of 22 June 1990 opening a standing invitation to tender for the export of 250 000 tonnes of barley held by the United Kingdom intervention agency

23 . 6. 90                                Official Journal of the European Communities                           No L 158 /25
                                      COMMISSION REGULATION (EEC) No 1701 /90
                                                         of 22 June 1990
                 opening a standing invitation to tender for the export of 250 000 tonnes of barley
                                      held by the United Kingdom intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European                                         Article 1
Economic Community,
                                                                     The United Kingdom intervention agency may, on the
Having regard to Council Regulation (EEC) No 2727/75                 conditions laid down in Regulation (EEC) No 1836/82,
of 29 October 1975 on the common organization of the                 open a standing invitation to tender for the export of
market in cereals ('), as last amended by Regulation (EEC)           250 000 tonnes of barley held by it.
No 1340/90 (2), and in particular Article 7 (5) thereof,
Whereas Article 3 of Council Regulation (EEC) No                                              Article 2
1581 /86 of 23 May 1986 laying down general rules for
intervention on the market in cereals (3), as amended by             1.    The invitation to tender shall cover a maximum of
Regulation (EEC) No 195/89 (% lays down that cereals                 250 000 tonnes of barley to be exported to all third coun­
held by the intervention agencies are to be disposed of by           tries, excluding the German Democratic Republic. The
invitation to tender ;                                               wheat must be exported during the period 1 July to 31
                                                                     August 1990.
Whereas Commission Regulation (EEC) No 1836/82 (*),
as last amended by Regulation (EEC) No 2418/87 (6), lays             2. The regions in which the 250 000 tonnes of barley
down the procedure and conditions for the disposal of                are stored are stated in Annex I to this Regulation.
cereals held by intervention agencies ;
                                                                                              Article 3
Whereas, given the current market situation, a standing
invitation to tender should be opened for the export at              1 . The export licences shall be valid from their date of
the beginning of the 1990/91 cereals marketing year of               issue, within the meaning of Article 9 of Regulation
250 000 tonnes of barley held by the United Kingdom                  (EEC) No 1836/82, until 31 August 1990.
intervention agency ;
                                                                     2. Tenders submitted in response to this invitation to
Whereas the proposed invitation to tender for the export             tender shall be admissible only if they are accompanied
of intervention stocks is special in that it will be opened          by a written undertaking to export during the period 1
 at the end of the marketing year, from June 1990, but for           July to 31 August 1990. They may not be accompanied
 deliveries which will not be possible until the new mar­            by applications for export licences pursuant to Article 44
 keting year between 1 July and 31 August 1990 ; whereas             of Commission Regulation (EEC) No 3719/88 Q.
 there should therefore be a derogation from the first para­
graph of Article 16 of Regulation (EEC) No 1836/82,
which provides for a maximum delay of one month                                               Article 4
 between acceptance of the tender and payment and also a
 derogation from the second paragraph of Article 1 6 of the           1 . By way of derogation from Article 7 ( 1 ) of Regula­
 said Regulation, application of which would have led to             tion (EEC) No 1836/82, the time limit for submission of
 the price accepted already being increased by monthly               tenders under the first partial invitation to tender shall
 increments for the removal of the barley from the inter­            expire on 27 June 1 990 at 1 p.m. (Brussels time).
vention store in July, whereas export was not scheduled
 previously ;                                                        2.     The time limit for submission of tenders under the
                                                                     subsequent partial invitations to tender shall expire each
Whereas the measures provided for in this Regulation are             Wednesday at 1 p.m . (Brussels time).
 in accordance with the opinion of the Management
 Committee for Cereals,                                              3 . The last partial invitation to tender shall expire on
                                                                      18 July 1990 at 1 p.m. (Brussels time).
 (') OJ No  L 281 , 1 . 11 . 1975, p. 1 .
 (2) OJ No  L 134, 28. 5. 1990, p. 1 .                               4. The tenders shall be lodged with the United
 0   OJ No  L 139, 24. 5. 1986, p. 36.                               Kingdom intervention agency.
 (*) 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.                              P) OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak--- No L 158/26.                          Official Journal of the European Communities                              23 . 6. 90
                          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 United Kingdom 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, 22 June 1990.
                                                                         For the Commission
                                                                          Ray MAC SHARRY
                                                                     Member of the Commission
 ---pagebreak--- 23 . 6 . 90                               Official Journal of the European Communities                                       No L 1 58 /27
                                                                  ANNEX I
                                                                                                      (tonnes)
                                                Place of storage                         Quantity
                                    Midlands/East                                        122 000
                                     North                                                99 000
                                    South                                                 29 000
                                                                  ANNEX II
            Standing invitation to tender for the export of 250 000 tonnes of barley held by the United
                                                       Kingdom intervention agency
                                                        (Regulation (EEC) No 1701 /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
                                                                                                   I
                   etc.
            (') This price includes the increases or reductions relating to the lot to which the tender refers.