CELEX: 
Language: en
Date: 1975-07-10 00:00:00
Title: Commission Decision of 24 June 1975 on the opening of a standing invitation to tender for the export of approximately 100 000 metric tons of barley held by the German intervention agency

10 . 7. 75                              Official Journal of the European Communities                           No L 179 /29
                                                    COMMISSION DECISION
                                                          of 24 June 1975
                 on the opening of a standing invitation to tender for the export of approxi­
                  mately 100 000 metric tons of barley held by the German intervention agency
                                                 (Only the German text is authentic)
                                                            (75/41 2/EEC)
 THE COMMISSION OF THE EUROPEAN                                        last amended by Regulation (EEC) No 86/75 (6),
 COMMUNITIES,                                                          makes provisions for the fixing of an export levy ;
                                                                       whereas pursuant to Article 3 (4) of that Regulation
 Having regard to the Treaty establishing the European                 such levy may be subject to advance fixing ;
 Economic Community ;
                                                                       Whereas it is only possible to make a proper assess­
 Having regard to Council Regulation No 120/                           ment of a tender if the tender is linked with the
 67/EEC ( 1 ) of 13 June 1967 on the common organiza­                  export levy applicable on the day on which it is
 tion of the market in cereals, as last amended by                     lodged ; whereas to this end it is appropriate to apply
 Regulation (EEC) No 665/75 (2), and in particular                     mutatis mutandis to the export levy the rules of
 Article 7 (5) thereof ;                                               Article 5 (5) of Regulation EEC) No 376/70, . together
                                                                       with all the other provisions applicable in such cases ;
 Having regard to Commission Regulation (EEC) No
 376/70 (3) of 27 February 1970 laying down the proce­                 Whereas the measures provided for in this Decision
 dure and conditions for the disposal of cereals held by               are in accordance with the Opinion of the Manage­
 the intervention agencies, as last amended by Regula­                 ment Committee for Cereals,
 tion (EEC) No 1 29/73 (4), and in particular Article 5
 ( 1 ) and (7) thereof ;
 Whereas the Federal Republic of Germany in its                        HAS ADOPTED THIS DECISION :
 communication of 11 June 1975 informed the
 Commission of the intention of the German interven­
                                                                                                    Article 1
 tion agency to invite tenders for the export of approxi­
 mately 100 000 metric tons of barley ;
                                                                      The German intervention agency may, in accordance
 Whereas the 100 000 metric tons of barley to be                      with the provisions hereinafter set out, open a
 tendered for will be exported from those of the pres­                 standing invitation to tender for the export of barley
 cribed points of exit specified by the tenderers ;                    held by it.
whereas the barley is stored elsewhere ; whereas the
 German intervention agency, in order to place all                                                  Article 2
 those participating in the invitation to tender on the
 same competitive footing, must sell at a uniform                      1 . The invitation to tender shall relate to a quantity
 price ; whereas it must accordingly bear the cost of                  of approximately 100 000 metric tons of barley.
 transport from the place of storage to the points of
 exit stipulated ;                                                    2. The regions in which the said barley is stored are
                                                                      specified in the Annex hereto.
Whereas under Article 5 (5) of Regulation (EEC) No
 376/70 it may be provided that a tender shall be valid
only if accompanied by an application for an export                                                 A rticle 3
licence and by an application for advance fixing of the
 refund for the destination in question ; whereas the                  1 . The places for which a minimum selling price
intention of this provision is to facilitate assessment of            are to be fixed in accordance with Article 5 (7) of
the tender ;                                                          Regulation (EEC) No 376/70 are as follows :
                                                                      Hamburg, Bremen , Emden , Braunschweig, Fallers­
Whereas Council Regulation (EEC) No 1968 /73 (5) of                   leben , Regensburg/Passau and Rotterdam .
 19 July 1973 laying down general rules to be applied
in the event of the cereals market being disturbed, as                2.    Tenders must be made for one or more of these
                                                                      ports or exit points. The tenderer shall specify the
(')   OJ No   117, 19 . 6 . 1967, p. 2269/67.                         port or ports or exit points for which his tender is
(2)   OJ No  L 72, 20 . 3 . 1975, p. 14.                              made .
P)    OJ No  L 47, 28 . 2. 1970 , p. 49 .
(4)   OJ No  L 17, 20 . 1 . 1973, p. 17.
(5)   OJ No  L 201 , 21 . 7. 1973, p. 10.                             (6) OJ No L 1 1 , 1 6 . 1 . 1 975, p. 2.
 ---pagebreak--- No L 179/30                           Official Journal of the European Communities                                        10 . 7. 75
Tenders shall be understood to relate to barley which           embarkation at the ports or exit points specified in
is either :                                                     paragraph 1 which may be reached at the lowest cost.
— stored in harbour silos from which it can be
    loaded directly into a seagoing vessel or into a                                      Article 4
    barge, or
                                                                The German intervention agency shall specify in the
— supplied undischarged at the place of embarkation             notice of invitation to tender the dates for the submis­
    at the port or exit point.                                  sion of tenders .
3 . Where an export refund or levy is applicable on             There must be at least 10 days between publication of
the day on which tenders are submitted, tenders shall           the notice of invitation to tender and the first date
be valid qnly if accompanied by an application for an           laid down for submission of tenders . The last date on
export licence lodged by the tenderer and a corres­             which tenders may be submitted shall be 1 June
ponding application either :                                     1976.
— for advance fixing of the refund for the destination
    in question, or                                                                       Article 5
— for advance fixing of the export levy. In this case
    there shall be applied those provisions of Regula­          This Decision is addressed to the Federal Republic of
    tions (EEC) No 2637/70 and (EEC) No 376/70                  Germany.
    applicable in the event of Article 5 (5) of the last
    named Regulation being applied.
                                                                 Done at Brussels, 24 June 1975.
4. As regards those quantities of barley not stored
or supplied as provided in the first and second indents                                        For the Commission
of paragraph 2, successful tenderers shall be entitled
to reimbursement by the German intervention agency                                                P.J. LARDINOIS
in respect of the cost of transport on the most favou­
rable terms from the place of storage to that place of                                  Member of the Commission
                                                          ANNEX
                                                                                                         (in metric tons)
                               Region of storage .                         Approximate quantities stored
              Hamburg/Schleswig-Holstein                                            16 120
              Niedersachsen/Bremen                                                  25 650
              Nordrhein-Westfalen                                                   35 800
              Hessen                                                                    800
              Rheinland-Pfalz/ Baden-Wiirttemberg                                   13 390
              Bayern                                                                  8 240