CELEX: 31974D0414
Language: en
Date: 1974-07-10 00:00:00
Title: Commission Decision of 10 July 1974 issuing a standing invitation to tender for the export of 443 128 metric tons of barley held by the German intervention agency

12 . 8 . 74                                 Official Journal of the European Communities                             No L 221 /21
                                                       COMMISSION DECISION
                                                              of 10 July 1974
               issuing a standing invitation to tender for the export of 443 128 metric tons of barley held
                                                  by the German intervention agency
                                                    ( Only the German text is authentic)
                                                               (74/414/EEC)
THE COMMISSION OF THE EUROPEAN                                           fixing of the refund for the destination in question ;
COMMUNITIES ,                                                            whereas the intention of this provision is to allow for
                                                                         better ■ assessment of the tender lodged by the
Having regard to the Treaty establishing the                             tenderer ;
European Economic Community;
                                                                         "Whereas Council Regulation (EEC) No 1968/73 (5) of
Having regard to Council Regulation No                                    19 July 1973 laying down general rules to be applied
120/67/EEC (*) of 13 June 1967 on the common                             in the event of the cereals market being disturbed, as
organization of the market in cereals, as last amended                   last amended by Regulation (EEC) No 676/74 (6),
by Regulation (EEC) No 1346/73 (2), and in                               provided for the possibility of fixing an export levy ;
particular Article 7 (5 ) thereof ;                                      whereas, according to Article 3 (4) of that
                                                                         Regulation, this levy may be subject to advance
                                                                         fixing ;
Having regard to Commission Regulation (EEC) No
376/70 (3) of 27 February 1970 laying down the                           Whereas it is only possible to make a proper
procedure and conditions for the disposal of cereals                      assessment of a tender if the tender is linked with the
held by the intervention agencies, as last amended by                    export levy applicable on the day on which it is
Regulation (EEC) No 129/73 (4) and in particular                          lodged ; whereas, in order to take account of this, it is
Article 5 ( 1 ) and (7) thereof;                                         appropriate to apply to the export levy by analogy
                                                                         the rules of Article 5 (5 ) of Regulation (EEC) No
Whereas the Federal Republic of Germany, in its                           376/70 and to extend the application of all the
communication of 26 June 1974, informed the                              provisions made under this Article to the export levy ;
Commission        of     the    intention    of    the    German
intervention agency to issue an invitation to tender                     Whereas the measures provided for in this Decision
for the export of barley ;                                                are in accordance with the Opinion of the
                                                                         Management Committee for Cereals,
Whereas the 443 128 metric tons of barley to be
tendered for, will be exported from the frontier
                                                                         HAS ADOPTED THIS DECISION :
crossing posts for which the tenders are made by the
tenderers ; whereas the barley is stored elsewhere ;
whereas the German intervention agency, in order to                                                  Article 1
place all those participating in the tendering
procedure in the same competitive position shall sell
at the same price ; whereas in order to do this it will                  The German intervention agency, may under the
bear the cost of transport from the place of storage                     conditions hereinafter laid down, issue a standing
to the frontier crossing point stipulated;                               invitation to tender for the export of barley held by
                                                                         it.
Whereas, under Article 5 (5 ) of Regulation (EEC) No
376/70, it may be provided that a tender shall only                                                  Article 2
be valid if it is accompanied by an application for an
export licence and by an application for advance
                                                                          1 . The invitation to tender refers to a quantity of
                                                                         443 128 metric tons of barley.
0   OJ    No 117, 19 . 6. 1967, p . 2269/67.
(2) OJ    No L 141 , 28 . 5 . 1973 , p. 8 .
(3) OJ    No L 47, 28 . 2. 1970, p. 49.                                   (6) OJ No L 201 , 21 . 7. 1973 , p. 10.
(4) OJ    No L 17, 20. 1 . 1973 , p. 17 .                                 (6) OJ No L 83 , 28 . 3 . 1974, p. 3 .
 ---pagebreak--- No L 221 /22                          Official Journal of the European Communities                                  12 . 8 . 74
2. The places in which the 443 128 metric tons of                4. As regards the quantities of barley which are
barley are stored are listed in the Annex.                       not at the places referred to in the first and second
                                                                 indents of paragraph 2, the most advantageous
                                                                 transport costs between the place of storage and the
                        Article 3                                place of embarkation at the port or exit point which
                                                                 may be reached at the most advantageous costs, shall
1 . The minimum selling price is to be fixed for the             be reimbursed to the exporter-tenderer by the
following places in accordance with Article 5 (7) of             German intervention agency.
Regulation (EEC) No 376/70 : North Sea or Baltic
ports of export and/or frontier crossing points in the
Federal Republic         of Germany, Rotterdam,                                             Article 4
Amsterdam, Antwerpen and Gent.
2.    Tenders must be made for one or more of these              The German intervention agency shall lay down in
ports or exit points. The tenderer shall specify the             the notice of invitation to tender the dates on which
port or ports or exit points for which the tender is             tenders may be submitted.
made .
                                                                 There must be at least 10 days between publication
The tenders shall be for barley :                                of the notice of invitation to tender and the first date
                                                                 laid down for submission of tenders . The last date on
— which is in harbour silos from which it Can be
    loaded directly into a seagoing vessel or canal              which tenders may be submitted is 25 June 1975 .
    barge, or
—■ which is supplied undischarged at the place of
    embarkation at the port or exit point.                                                  Article 5
3 . In cases where an export refund or levy is                   This Decision is addressed to the Federal Republic of
 applicable on the day on which tenders are lodged,              Germany.
 the tenders shall only be valid if they are
accompanied by an application for an export licence
lodged by the tenderer and a corresponding
 application :                                                   Done at Brussels, 10 July 1974.
— for advance fixing of the refund for the
     destination in question or                                                                    For the Commission
— for advance fixing of the export levy. In this case                                                 The President
    the provisions made under Article 5 (5 ) of
    Regulation (EEC) No 376/70 shall apply.                                                      François-Xavier ORTOLI
                                                                                 Approximate
                               Place of storage                                quantities stored
                                                                                (in metric tons)
               Schleswig-Holstein/Hamburg                                          20 242
               Niedersachsen /Bremen                                              120 675
               Nordrhein-Westfalen                                                268 211
               Hessen                                                               4 000
               Rheinland-Pfalz/Baden-Württemberg                                   30 000