CELEX: 
Language: en
Date: 1978-03-15 00:00:00
Title: Commission Decision of 16 February 1978 on the opening of a standing invitation to tender for the export of 100 000 tonnes of rye held by the German intervention agency

15 . 3 . 78                               Official Journal of the European Communities                              No L 73/25
                                                     COMMISSION DECISION
                                                         of 16 February 1978
                on the opening of a standing invitation to tender for the export of 100 000
                                  tonnes of rye held by the German intervention agency
                                                  (Only the German text is authentic)
                                                             (78/273/ EEC)
 THE COMMISSION OF THE EUROPEAN                                         to tender should be fixed at the month of issue plus
 COMMUNITIES,                                                           four months ;
 Having regard to the Treaty establishing the European                 Whereas the measures provided for in this Decision
 Economic Community,                                                   are in accordance with the opinion of the Manage­
                                                                       ment Committee for Cereals,
 Having regard to Council Regulation (EEC) No
 2727/75 of 29 October 1975 on the common organiza­
 tion of the market in cereals ('), as amended by Regula­
                                                                       HAS ADOPTED THIS DECISION :
 tion (EEC) No 2560/77 (2), and in particular Article 7
(5) thereof,
                                                                                                Article 1
 Having regard to Commission Regulation (EEC) No
376/70 of 27 February 1970 laying down the proce­
dure and conditions for the disposal of cereals held by                The German intervention agency may, in accordance
 intervention agencies (3), as last amended by Regula­                 with the provisions hereinafter set out, open a
tion (EEC) No 1687/76 (4), and in particular Article 5                 standing invitation to tender for the export of rye held
( 1 ) and (7) thereof,                                                 by it.
Whereas the Federal Republic of Germany in its                                                  Article 2
communication of 26 January 1978 informed the
Commission of the intention of the German interven­
tion agency to issue an invitation to tender for the                    1.    The invitation to tender shall relate to a quantity
export of 100 000 tonnes of rye ;                                      of 100 000 tonnes of rye.                                ^
Whereas the 100 000 tonnes of rye to be tendered for                   2.     The places in which the said rye is stored are
                                                                       listed in the Annex hereto.
will be exported from those of the prescribed points
of exit specified by the tenderers ; whereas the rye is
stored elsewhere ; whereas the German intervention
                                                                                                Article 3
agency, in order to place all those participating in the
invitation to tender on the same competitive footing,
must sell at a uniform price ; whereas it must accord­                 1 . The places for which a minimum selling price is
ingly bear the cost of transport from the place of                     to be fixed in accordance with Article 5 (7) of Regula­
storage to the points of exit stipulated ;                             tion (EEC) No 376/70 are as follows :
                                                                       Hamburg, Brunsbüttel, Lübeck, Kiel, Rendsburg,
Whereas under Article 5 (5) of Regulation (EEC) No                     Bremen, Braunschweig and ' Fallersleben .
376/70 it may be provided that a tender shall only be
valid if it is accompanied by an application for an                    2.     Tenders shall be made for one or more of these
export licence and by an application for advance                       ports or exit points. The tenderer shall specify the
fixing of the refund for the destination in question ;                 ports or exit points for which his tender is made .
whereas the intention of this provision is to facilitate
assessment of the tender ;
                                                                       Tenders shall be understood to relate to rye which is
                                                                       either :
Whereas, by way of derogation , the period of validity
for licences issued in connection with this invitation                 — stored in harbour silos from which it can be
                                                                            loaded directly into a seagoing vessel or into a
(')  OJ   No L 281 , 1 . 11 . 1975, p. 1 .                                 barge, or
(2)  OJ   No L 303, 28 . 11 . 19 77, p. 1 .
0    OJ   No L 47, 28 . 2. 1970, p. 49 .                               — supplied undischarged at the place of embarkation
(4)  OJ   No L 190, 14. 7. 1976, p. 1 .                                    at the port or exit point.
 ---pagebreak--- No L 73 / 26                      Official Journal of the European Communities                                         15 . 3 . 78
3 . Where an export refund is applicable on the day                                             Article 5
on which tenders are submitted, tenders shall only be
valid if accompanied by an application for an export             By way of derogation from Regulations (EEC) Nc
licence lodged by the tenderer and a corresponding               2042/75 and (EEC) No 1223/74, export licences
application for advance fixing of the refund for the             issued in connection with this invitation to tendei
destination in question .                                        shall be valid from their day of issue within the
                                                                 meaning of Article 9 ( 1 ) of Regulation ( EEC) Nc
4. As regards those quantities of rye not stored or              193/75 until the end of the fourth month following
supplied as provided in the first and second indents of          that of issue .
paragraph 2, successful tenderers shall be entitled to
reimbursement by the German intervention agency in
respect of the cost of transport on the most favourable                                         Article 6
terms from the place of storage to that place of embar­
kation at the ports or exit points specified in para­            This Decision is addressed to the Federal Republic of
graph 1 which may be reached at the lowest cost.                 Germany.
                        Article 4
The German intervention agency shall specify in the
notice of invitation to tender the dates for the submis­
                                                                 Done at Brussels, 16 February 1978 .
sion of tenders .
There must be at least 10 days between publication of
the notice of invitation to tender and the first date                                               For the Commission
laid down for submission of tenders . The last date on                                               Finn GUNDELACH
which tenders may be submitted shall be 27 July
1978 .                                                                                                  Vice-President
                                                             ANNEX
                                                                                          (lim nts)
                                               Place of storage                  Quantity
                                Hamburg                                          13 142
                                Schleswig Holstein                               25 754
                                Bremen                                           40 765
                                Niedersachsen                                    20 504