CELEX: 
Language: en
Date: 1981-11-14 00:00:00
Title: Commission Decision of 21 October 1981 opening a standing invitation to tender for the export of 45 000 tonnes of common wheat of bread-making quality held by the French intervention agency

No L 327/26                               Official Journal of the European Communities                                14. 11 . 81
                                                                     II
                                             (Acts whose publication is not obligatory)
                                                      COMMISSION
                                                    COMMISSION DECISION
                                                         of 21 October 1981
              opening a standing invitation to tender for the export of 45 000 tonnes of
               common wheat of bread-making quality held by the French intervention agency
                                                  (Only the French text is authentic)
                                                             (8 1 /891 /EEC)
THE COMMISSION OF THE EUROPEAN                                           undertake the sale at uniform prices and, for that
COMMUNITIES,                                                             purpose, it should take over the cost of transport from
Having regard to the Treaty establishing the European                    the place of storage to the points of departure deter­
Economic Comntunity,                                                     mined ;
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 organiza­                       in good faith and to guarantee the smooth running of
tion of the market in cereals (l ), as last amended by                   the proposed operation in existing market conditions,
Regulation (EEC) No 1949/81 (2), and in particular                       it is necessary to provide for a special security ;
Article 8 (4) thereof,                                                   whereas, for the same reasons, the security must be
Having regard to Council Regulation (EEC) No                             released only on provision of proof of the arrival for
1146/76 of 17 May 1976 on particular and special                         the goods at their destination ;
intervention measures for cereals (3),
Having regard to Council Regulation (EEC) No                             Whereas the measures provided for in this Decision
1055/77 of 17 May 1977 on the storage and move­                          are in accordance with the opinion of the Manage­
ment of products bought in by an intervention                            ment Committee for Cereals,
agency (4), and in particular Article 4 thereof,
Whereas the French Republic, in a communication
dated 28 September 1981 , advised the Commission of                      HAS ADOPTED THIS DECISION :
its wish to put up for sale for export to non-member
countries 45 000 tonnes of common wheat of bread­
                                                                                                Article 1
making quality held by its intervention agency ;
whereas, in view of the intervention stock levels
                                                                         The French intervention agency may, on the
within the Community the proposed operation seems                        following conditions, open a standing invitation to
particularly appropriate ;                                               tender for the export of common wheat of bread­
Whereas the 45 000 tonnes of common wheat to be
                                                                         making quality held by it.
put up for sale by tender are to be exported from the
points of departure for which tenders are to be made
by tenders ; whereas a certain proportion of the said                                           Article 2
quantity is stored in other places ; whereas the French
                                                                          1.   The invitation to tender shall cover a maximum
intervention agency, in order to place all participants
in the invitation to tender on the same footing, must                    of 45 000 tonnes of common wheat of bread-making
                                                                         quality.
(!) OJ No  L 281 ,  1 . 11 . 1975,  p. 1.
(2) OJ No  L  198 , 20 . 7 . 1981 , p. 2.                                2. The regions in which the 45 000 tonnes of
(3) OJ No  L  130,  19 . 5.  1976,  p. 1.                                common wheat of bread-making quality are stored are
(4) OJ No  L  128 , 24. 5 .  1977,  p. 1.                                stated in the Annex .
 ---pagebreak--- 14. 11 . 81                            Official Journal of the European Communities                        No L 327/27
                         Article 3                               7.    If the cereal is removed later than the month in
                                                                 which the contract was awarded, the price to be paid
 1.    The place for which the minimum sale price is             by the contractor shall be increased monthly by an
to be fixed is French-Swiss frontier.
                                                                 amount not less than the ninthly increase in the
2. Tenders must be made by reference to the                      reference price.
standard quality defined in Regulation (EEC) No
2731 /75. When the quality of the cereal differs from                                     Article 4
the standard quality, the tender accepted shall be
adjusted by applying the increases or reductions laid             1 . Notwithstanding the provisions of Article 21 ( 1 )
down in Article 5 of Regulation (EEC) No 1629/77.                of Regulation (EEC) No 3183/80 (2), export licences
Tenders must be for a minimum quantity of 1 000                  issued under this standing invitation to tender shall be
tonnes .                                                         considered, for the purposes of determining their
                                                                 period of validity, as having been issued on the day
3.     Tenders must be made for the place of depar­              the tender was submitted.
ture .
                                                                 2.    The said licences shall be valid from their date
Tenders shall be for common wheat of bread-making                of issue within the meaning of paragraph 1 until the
quality delivered not unloaded to the place of embark­           end of the second month following.
ation in the place of departure.
4. Tenders shall be valid only if they are accom­                                         Article 5
panied by :
                                                                  1.   The time limit for submission of tenders for the
— an application for export licences lodged by the
     tenderer, with an application for advance fixing of         first partial invitation to tender shall expire on 28
     the export refund or levy, for the destination in           October 1981 at 1 p.m . (Belgian time). The final date
     question and with an application for advance                for submission of tenders is hereby fixed at 16
                                                                 December 1981 .
     fixing of the monetary compensatory amount.
     For the purpose of this Decision, all countries for         2. On expiry of the time limit laid down for
     which the same rate of export refund or levy is             submission of tenders, the intervention agency shall
     fixed shall be considered as one destination .              forward to the Commission an anonymous list, stating
— a written undertaking by the tenderer, counter­                the price for each tender, expressed in ECU per
     signed by the financial institution, to provide a           tonne, and the quantity.
     special security of 40 ECU per tonne not later
     than two working days following the date of                 The Commission shall, in accordance with the proce­
     receipt of the information that his tender has been         dure referred to in Article 26 of Regulation (EEC) No
     accepted .                                                  2727/75, fix the minimum sale price on the basis of
                                                                 the said tenders, or shall decide not to make an award .
5. The security shall not be released, except for
quantities for which the exporter has proof that :                                        Article 6
(a) the customs formalities for placing in free circula­
     tion have been completed in the third country for           The French intervention agency lays down, where
     which the export refund or levy was fixed in                necessary, additional provisions and conditions
     advance . The proof shall be in accordance with the         consistent with the provisions of this Decision.
     provisions of Article 20 (3) to (6) of Commission
     Regulation (EEC) No 2730/79 (') ; or                                                 Article 7
(b) the product has become unsuitable for human or
     animal consumption .                                        This Decision is addressed to the French Republic.
6. For common wheat of bread-making quality
which is not located at the places referred to in the            Done at Brussels, 21 October 1981 .
second subparagraph of paragraph 3, the most favour­
able transport costs between the place of storage and
                                                                                            For the Commission
the place of embarkation in the place of departure
referred to in paragraph 1 and attainable at the lowest                                        Poul DALSAGER
transport cost shall be reimbursed to the exporter and
tenderer by the French 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--- No L 327/28   Official Journal of the European Communities       14. 11 . 81
                                       ANNEX
                                                        (tonnes)
                          Place of storage        Quantity
            Administrative regions :
              Lyon                                 5 653
              Nancy                               39 084