CELEX: 31994R0996
Language: en
Date: 1994-04-30 00:00:00
Title: Commission Regulation (EC) No 996/94 of 29 April 1994 opening a standing invitation to tender for the export of 300 000 tonnes of barley held by the Spanish intervention agency

No L 111 /60                             Official Journal of the European Communities                                  30 . 4. 94
                                         COMMISSION REGULATION (EC) No 996/94
                                                         of 29 April 1994
                   opening a standing invitation to tender for the export of 300 000 tonnes of barley
                                           held by the Spanish intervention agency
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        advance in accordance with Articles 13 to 17 of Regula­
                                                                    tion (EEC) No 1068/93 ;
 Having regard to the Treaty establishing the European              Whereas the measures provided for in this Regulation are
 Community,                                                         in accordance with the opinion of the Management
                                                                    Committee for Cereals,
 Having regard to Council Regulation (EEC) No 1766/92
 of 30 June 1992 on the common organization of the
 market in cereals ('), as amended by Regulation (EEC) No           HAS ADOPTED THIS REGULATION :
 2193/93 (2), and in particular Article 13 thereof,
                                                                                              Article 1
Whereas Commission Regulation (EEC) No 2131 /93 (3),
as amended by Regulation (EC) No 1 20/94 (4), lays down
the procedures and conditions for the disposal of cereals           The Spanish intervention agency may, on the conditions
 held by intervention agencies ;                                    laid down in Regulation (EEC) No 2131 /93, open a
                                                                    standing invitation to tender for the export of 300 000
                                                                    tonnes of barley held by it.
Whereas, given the current market situation, a standing
invitation to tender should be opened for the export at
the beginning of the 1994/95 cereals marketing year of                                        Article 2
300 000 tonnes of barley held by the Spanish intervention
agency ;                                                            1.    The invitation to tender shall cover a maximum of
                                                                    300 000 tonnes of barley to be exported to all third coun­
                                                                    tries. Customs export formalities must be completed
Whereas the proposed invitation to tender for the export            during the period 1 July to 30 September 1994.
of intervention stocks is special in that it will be opened
at the end of the marketing year, from May 1994, but for            2.    The regions in which the 300 000 tonnes of barley
deliveries which will not be possible until the new                 are stored are stated in Annex I to this Regulation.
1994/95 marketing year between 1 July and 30
September 1994 ; whereas there should therefore be a
derogation from the first paragraph of Article 1 6 of Regu­                                   Article 3
lation (EEC) No 2131 /93, which provides for a maximum
delay of one month between acceptance of the tender and             1 . The export licences shall be valid from their date of
payment and also a derogation from the second paragraph             issue, within the meaning of Article 9 of Regulation
of Article 16 of the said Regulation, application of which
                                                                    (EEC) No 2131 /93, until 30 September 1994.
would have led to the price accepted already being
increased by monthly increments for the removal of the
cereals from the intervention store in July, whereas export         2. Tenders submitted in response to this invitation to
was not scheduled previously ;                                      tender shall be admissible only if they are accompanied
                                                                    by a written undertaking to export during the period 1
                                                                    July to 30 September 1994. They may not be accompa­
Whereas the operative event for the conversion of tenders           nied by applications for export licences pursuant to
submitted for intervention stocks is the date of payment            Article 44 of Commission Regulation (EEC) No
for cereals as fixed by Commission Regulation (EEC) No              3719/88 0.
1068/93 (% as amended by Regulation (EC) No
547/94 (*); whereas this rule should be applied to the
sales provided for in this Regulation without prejudice to                                    Article 4
the possibility of fixing the agricultural conversion rate in
                                                                    1.    Notwithstanding Article 7 ( 1 ) of Regulation (EEC)
                                                                    No 2131 /93, the time limit for submission of tenders
(') OJ No  L  181 , 1 . 7. 1992, p. 21 .
(2) OJ No  L  196, 5. 8 . 1993, p. 22.                              under the first partial invitation to tender shall expire on
O   OJ No   L 191 , 31 . 7. 1993, p. 76.                            5 May 1994 at 9 a.m. (Brussels time).
(4) OJ No   L 21 , 26. 1 . 1994, p. 1 .
0   OJ No  L  108, 1 . 5. 1993, p. 106.
(6) OJ No  L  69, 12. 3. 1994, p. 1 .                               0 OJ No L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak--- 30 . 4. 94                            Official Journal of the European Communities                            No L 111 /61
2.     The time limit for submission of tenders under the            converted using the agricultural conversion rate appli­
subsequent partial invitations to tender shall expire each           cable on the date on which the cereals are paid for.
Thursday at 9 a.m. (Brussels time).
                                                                                          Article 6
3. The last partial invitation to tender shall expire on
25 August 1994 at 9 a.m. (Brussels time).                       Notwithstanding Article 17 (3) of Regulation (EEC) No
                                                                2131 /93, the security referred to in the second indent of
4. The tenders shall be lodged with the Spanish inter­          Article 17 (2) of the said Regulation shall not be released
vention agency.                                                 until proof is furnished that the customs export formali­
                                                                ties have taken place during the period 1 July to 30
                                                                September 1994.
                         Article 5
                                                                                          Article 7
The following provisions shall apply to tenders submitted
before 1 July 1994 :                                            The Spanish intervention agency shall notify the
                                                                Commission of the tenders received not later than two
— notwithstanding the first subparagraph of Article 16 of       hours after expiry of the time limit for the submission
     Regulation (EEC) No 2131 /93, the products must be         thereof. Notification shall be given as specified in the
     removed not later than 31 July 1994,                       table in Annex II to this Regulation, to the telex or
                                                                telefax numbers in Annex III.
— nothwithstanding the second subparagraph of Article
     16 of Regulation (EEC) No 2131 /93, the price to be
                                                                                          Article 8
    paid for products for export shall be that indicated in
    the tender,                                                 This Regulation shall enter into force on the third day
— without prejudice to the possibility of fixing the agri­      following its publication in the Official Journal of the
    cultural conversion rate in advance, tenders shall be       European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 29 April 1994.
                                                                          For the Commission
                                                                            Rene STEICHEN
                                                                      Member of the Commission
 ---pagebreak--- No L 111 /62                           Official Journal of the European Communities                                          30 . 4. 94
                                                                ANNEX I
                                                                                                   (tonnes)
                                                 Place of storage                         Quantity
                                  Aragon                                                    80 000
                                  Castilla-La Mancha                                        40 000
                                  Castilla y Leon                                         1 50 000
                                  Cataluna                                                  10 000
                                  Navarra                                                   20 000
                                                               ANNEX II
             Standing invitation to tender for the export of 300 000 tonnes of barley held by the Spanish
                                                         intervention agency
                                                      (Regulation (EC) No 996/94)
                      1                2               3               4               5               6              7
                                                                                Price increases
                                                                  Offer price       (+) or        Commercial
                   Tender        Consignment       Quantity                       reductions
                                                                 (ECU/tonne)                         costs       Destination
                     No               No           (tonnes)                           (-)        (ECU/tonne)
                                                                      0)         (ECU/tonne)
                                                                                     p.m.
                      1
                      2
                      3
                     etc.
             (') This price includes the increases or reductions relating to the lot to which the tender refers.
                                                               ANNEX III
             The only numbers to use to call Brussels are (DG VI-C-1 (Attention : Messrs Thibault and Brus)) :
             — telex :                22037 AGREC B
                                      22070 AGREC B (Greek characters)
             — telefax :              — 295 01 32
                                      — 296 10 97
                                      — 295 25 15.