CELEX: 31973D0393
Language: en
Date: 1973-11-07 00:00:00
Title: Commission Decision of 7 November 1973 issuing a standing invitation tender for the export of 50 000 metric tons of barley held by the German intervention agency

No L 346/8                               Official Journal of the European Communities                              17. 12. 73
                                                    COMMISSION DECISION
                                                       of 7 November 1973
                issuing a standing invitation tender for the export of 50 000 metric tons of barley held
                                                by the German intervention agency
                                                 (Only the German text is authentic)
                                                           (73/393/EEC)
 THE COMMISSION OF THE EUROPEAN                                     Whereas Council Regulation (EEC) No 1968/73 (3)
 COMMUNITIES,                                                       of 19 July 1973 , laying down general rules to be
                                                                     applied in the event of the cereals market being
Having regard to the Treaty establishing the                        disturbed, as amended by Regulation (EEC) No
 European Economic Community ;                                       2632/73 (6), provided for the possibility of fixing an
                                                                    export levy ; whereas, according to Article 3 (4) of
Having regard to Council Regulation No 120/67/                      that Regulation, this levy may be subject to advance
EEC (*) of 13 June 1967 on the common                               fixing;
organization of the market in cereals, as last
amended by Regulation (EEC) No 1346/73 (2), and                     Whereas it is only possible to make a proper
                                                                    assessment of a tender if the tender is linked with
in particular Article 7 (5) thereof;
                                                                    the export levy applicable on the day on which it is
                                                                    lodged; whereas, in order to take account of this, it
Having regard to Commission Regulation (EEC) No                     is appropriate to apply to the export levy by
376/70 (3) of 27 February 1970 laying down the                      analogy the rules of Article 5 (5) of Regulation
procedure and conditions for the disposal of cereals                 (EEC) No 376/70 and to extend the application of
held by the intervention agencies, as last amended                  all the provisions made under this Article to the
by Regulation (EEC) No 129/73 (4) and in particular                 export levy;
Articles 5 ( 1 ) and (7) thereof;
                                                                    Whereas the measures provided for in this Decision
                                                                    are in accordance with the Opinion of the
Whereas the Federal Republic of Germany in its                      Management Committee for Cereals,
communication of 12 October 1973 informed the
Commission of the intention of the German
intervention agency to issue an invitation to tender                HAS ADOPTED THIS DECISION :
for the export of barley ;
                                                                                                Article 1
Whereas the 50 000 metric tons of barley to be
tendered for will be exported from the frontier                     The German intervention agency, may under the
crossing posts for which the tenders are made by the                conditions hereinafter laid down, issue a standing
tenderers ; whereas the barley is stored elsewhere ;                invitation to tender for the export of barley held by it.
whereas the German intervention agency, in order to
place all those participating in the tendering                                                  Article 2
procedure in the same competitive position shall sell
at the same price ; whereas in order to do this it will             1.     The invitation to tender refers to a quantity of
bear the cost of transport from the place of storage                50 000 metric tons of barley.
to the frontier crossing point stipulated ;
                                                                    2. The places in which the 50 000 metric tons of
                                                                    barley are stored are listed in the Annex.
Whereas under Article 5 (5 ) of Regulation (EEC) No
376/70 it may be provided that a tender shall only
be valid if it is accompanied by an application for                                             Article 3
an export licence and by an application for advance                 1 . The minimum selling price is to be fixed for
fixing of the refund for the destination in question ;              the following places in accordance with Articled (7)
whereas the intention of this provision is to allow                 of Regulation (EEC) No 376/70 :
for better assessment of the tender lodged by the
tenderer ;                                                          North Sea or Baltic ports of export and/or frontier
                                                                    crossing points in the Federal Republic of Germany,
(!) OJ No 117, 19. 6. 1967, p. 2269/67.                             Rotterdam, Amsterdam and Antwerp.
(2 ) OJ No L 141 , 28 . 5 . 1973, p. 8 .
(») OJ No L 47, 28. 2. 1970, p. 49.                                 (3 ) OJ No L 201 , 21 . 7. 1973 , p. 10.
(4 ) OJ No 17, 20. 1 . 1973} p. 17.                                 («) OJ No L 272, 29. 9. 1973, p. 18 .
 ---pagebreak--- 17. 12.73                          Official Journal of the European Communities                               No L 346/9
2.    Tenders must be made for one or more of                transport costs between the place of storage and the
these ports or exit points. The tenderer shall specify       place of embarkation at the port or exit point which
the port or ports or exit points for which the tender        may be reached at the most advantageous costs,
is made.                                                     shall be reimbursed to the exporter-tenderer by the
                                                             German intervention agency.
The tenders shall be for barley
— which is in harbour silos from which it can be                                           Article 4
    loaded directly onto a seagoing vessel or canal
    barge or                 ,                               The German intervention agency shall lay down in
                                                             the notice of invitation to tender the dates on which
— which is supplied undischarged at the place of             tenders may be submitted.
    embarkation at the port or exit point.
                                                             There must be at least 10 days between publication
3 . In cases where an export refund or levy is               of the notice of invitation to tender and the first
                                                             date laid down for submission of tenders. The last
applicable on the day on which tenders are lodged,
the tenders shall only be valid if they are                  date on which tenders may be submitted is 24 Tune
                                                             1974.
accompanied by an application for an export licence
lodged by the tenderer and a corresponding
application
                                                                                           Article 5
— for advance fixing of the refund for the
    destination in question or                               This Decision is addressed to the Federal Republic
                                                             of Germany.
— for advance fixing of the export levy. In this case
    the provisions made under Article 5 (5) of               Done at Brussels, 7 November 1973 .
    Regulation (EEC) No 376/70 shall apply.
                                                                                             For the Commission
4. As regards the quantities of barley which are                                                The President
not at the places referred to in the first and second
indents of paragraph 2, the most advantageous                                             François-Xavier ORTOLI
                                                       ANNEX
                                 Place of storage                            Quantities stored
                   Schleswig-Holstein / Hamburg               ca. 8 749 metric tons
                   Niedersachsen / Bremen                     ca . 25 000 metric tons
                  Nordrhein-Westfalen                         ca. 16 251 metric tons