CELEX: 31990R1386
Language: en
Date: 1990-05-24 00:00:00
Title: Commission Regulation (EEC) No 1386/90 of 23 May 1990 opening a standing invitation to tender for the export of 400 000 tonnes of barley held by the German intervention agency

No L 133/34                               Official Journal of the European Communities                                24 . 5 . 90
                                      COMMISSION REGULATION (EEC) No 1386/90
                                                          of 23 May 1990
                  opening a standing invitation to tender for the export of 400 000 tonnes of barley
                                           held by the German 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 German intervention agency may, on the conditions
Having regard to Council Regulation (EEC) No 2727/75                laid down in Regulation (EEC) No 1836/82, open a stan­
of 29 October 1975 on the common organization of the                ding invitation to tender for the export of 400 000 tonnes
market in cereals ('), as last amended by Regulation (EEC)          of barley held by it.
No 20 1 /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 (4), lays down that cereals              400 000 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 from 1 July to
                                                                     31 August 1990 .
Whereas Commission Regulation (EEC) No 1 836/82 (5),
as last amended by Regulation (EEC) No 2418/87 (6), lays             2. The regions in which the 400 000 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
400 000 tonnes of barley held by the German interven­               (EEC) No 1836/82, until 31 August 1990.
tion 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 from
at the end of the marketing year, from May 1990, but for             1 July to 31 August 1990 . They may not be accompanied
deliveries which will not be possible until the new marke­           by applications for export licences under Article 44 of
ting year between 1 July and 31 August 1990 ; whereas                Commission Regulation (EEC) No 3719/88 (7).
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 16 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 wheat from the inter­              expire on 30 May 1990 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
                                                                     27 June 1990 at 1 p.m. (Brussels time).
(') OJ  No L  281 , 1 . 11 . 1975, p. 1 .
(2) OJ  No L  22, 27. 1 . 1990, p. 7.                                4. The tenders shall be lodged with the German inter­
(3) OJ  No L  139 , 24. 5. 1986, p. 36.                              vention agency.
 4  OJ  No L  25, 28 . 1 . 1989, p. 22.
(5) OJ  No L  202, 9 . 7. 1982, p. 23 .
('  OJ  No L  223, 11 . 8 . 1987, p. 5.                              0 OJ No L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak--- 24 . 5 . 90                           Official Journal of the European Communities                         No L 133/35
                         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 from 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 German intervention agency shall notify the
                                                                Commission of the tenders received not later than two
By way of derogation from the second paragraph of
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 follo­
Notwithstanding Article 17 (3) of Regulation (EEC) No           wing its publication in the Official Journal of the Euro­
 1836/82, the security referred to in Article 8 (2) (c) of the   bean Communities,
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 23 May 1990.
                                                                         For the Commission
                                                                          Ray MAC SHARRY
                                                                     Member of the Commission
 ---pagebreak--- No L 133/36                              Official Journal of the European Communities                                      24. 5 . 90
                                                                 ANNEX I
                                                                                                   (tonnes)
                                              Place of storage                          Quantity
                                   Schleswig-Holstein / Hamburg                          82 035
                                   Niedersachsen / Bremen                               136 164
                                   Nordrhein-Westfalen                                   89 885
                                   Hessen                                                   5 939
                                   Rheinland-Pfalz                                       17 508
                                   Baden-Wurttemberg                                     12 725
                                    Bayern                                               55 732
                                                                ANNEX II
          Standing invitation to tender for the export of 400 000 tonnes of barley held by the German inter­
                                                              vention agency
                                                      (Regulation (EEC) No 1386/90)
                    1                2                3                4                  5              6          7
                                                                                 Price increases
                                                                  Offer price         ( + ) or     Commercial
                Tender         Consignment        Quantity       (ECU/tonne)        reductions         costs   Destination
                   No               No            (tonnes)             0)               (-)        (ECU/tonne)
                                                                                   (ECU/tonne)
                    1
                    2
                    3
                  etc.
           (') This price includes the increases or reductions relating to the lot to which the tender refers.