CELEX: 31991R1202
Language: en
Date: 1991-05-09 00:00:00
Title: Commission Regulation (EEC) No 1202/91 of 7 May 1991 opening a standing invitation to tender for the export of 50 000 tonnes of bread-making wheat held by the Danish intervention agency

9 . 5. 91                                Official Journal of the European Communities                            No L 116/ 19
                                      COMMISSION REGULATION (EEC) No 1202/91
                                                         of 7 May 1991
                  opening a standing invitation to tender for the export of 50 000 tonnes of
                              bread-making wheat held by the Danish intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        standing invitation to tender for the export of 50 000
Having regard to the Treaty establishing the European              tonnes of bread-making wheat held by it.
Economic Community,
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the                                         Article 2
market in cereals ('), as last amended by Regulation (EEC)
 No 3577/90 Q, and in particular Article 7 (6) thereof,
                                                                   1.    The invitation to tender shall cover a maximum of
Whereas Article 3 of Council Regulation (EEC) No                   50 000 tonnes of bread-making wheat to be exported to
 1581 /86 of 23 May 1986 laying down general rules for             all third countries. Customs export formalities must be
intervention on the market in cereals (3), as amended by           completed must be completed during the period 1 July to
Regulation (EEC) No 2203/90 (4), lays down that cereals            31 August 1991 .
held by the intervention agencies are to be disposed of by
invitation to tender ;
                                                                   2. The regions in which the 50 000 tonnes of bread­
Whereas Commission Regulation (EEC) No 1836/82 (5),                making wheat are stored are stated in Annex I to this
as last amended by Regulation (EEC) No 2619/90 (6), lays           Regulation.
down the procedure and conditions for the disposal of
cereals held by intervention agencies ;
Whereas, given the current market situation, a standing
invitation to tender should be opened for the export at                                      Article 3
the beginning of the 1991 /92 cereals marketing year of
50 000 tonnes of bread-making wheat held by the Danish             1.    The export licences shall be valid from their date of
intervention agency ;                                              issue, within the meaning of Article 9 of Regulation
Whereas the proposed invitation to tender for the export           (EEC) No 1836/82, until 31 August 1991 .
of intervention stocks is special in that it will be opened
at the end of the marketing year, from May 1991 , but for          2. Tenders submitted in response to this invitation to
deliveries which will not be possible until the new mar­           tender shall be admissible only if they are accompanied
keting year between 1 July and 31 August 1991 ; whereas            by a written undertaking to export during the period 1
there should therefore be a derogation from the first para­        July to 31 August 1991 . They may not be accompanied
graph of Article 16 of Regulation (EEC) No 1836/82,                by applications for export licences pursuant to Article 44
which provides for a maximum delay of one month                    of Commission Regulation (EEC) No 3719/88 (7).
between acceptance of the tender and payment and also a
derogation from the second paragraph of Article 1 6 of the
said Regulation, application of which would have led to
the price accepted already being increased by monthly                                        Article 4
increments for the removal of the cereals from the inter­
vention store in July, whereas export was not scheduled
previously ;                                                       1.    Notwithstanding Article 7 ( 1 ) of Regulation (EEC)
                                                                   No 1836/ 82, the time limit for submission of tenders
Whereas the measures provided for in this Regulation are           under the first partial invitation to tender shall expire on
in accordance with the opinion of the Management                   15 May 191 at 1 p.m. (Brussels time).
Committee for Cereals,
                                                                   2.    The time limit for submission of tenders under the
HAS ADOPTED THIS REGULATION :
                                                                   subsequent partial invitations to tender shall expire each
                            Article 1
                                                                   Wednesday at 1 p.m . (Brussels time).
The Danish intervention agency may, on the conditions
                                                                   3.    The last partial invitation to tender shall expire on
laid down in Regulation (EEC) No 1836/82, open a                   26 June 1991 at 1 p.m . (Brussels time).
(') OJ  No L 281 , 1 . 11 . 1975, p. 1 .
0   OJ  No L 353,  17. 12. 1990, p. 23.                            4. The tenders shall be lodged with the Danish inter­
(3) OJ  No L 139,  24. 5. 1986, p. 36.                             vention agency.
(4) OJ  No L 201 , 31 . 7. 1990, p. 5.
I5) OJ No L 202, 9. 7. 1982, p. 23.
(«) OJ No L 249, 12. 9 . 1990, p. 8 .                              0 OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak--- No L 116/20                          Official Journal of the European Communities                                  9 . 5 . 91
                         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 1 July to 31 August 1991 .
they are removed. Notwithstanding the first paragraph of
Article 16 of Regulation (EEC) No 1836/82, the time
limit of one month between the date on which the state­
                                                                                        Article 7
ment referred to in Article 15 of the said Regulation is
sent and payment shall not be applicable.                      The Danish intervention agency shall notify the Commis­
Notwithstanding the second paragraph of Article 16 of          sion of the tenders received not later than two hours after
Regulation (EEC) No 1836/82, the price payable for             expiry of the time limit for the submission thereof. Noti­
export shall be that mentioned in the tender where the         fication shall be given as specified in the table in Annex
cereals are removed in July 1991 . The price shall be          II to this Regulation.
increased by a monthly increment where the cereals are
removed in August 1991 .
                                                                                        Article 8
                         Article 6
                                                               This Regulation shall enter into force on the day
Notwithstanding Article 17 (3) of Regulation (EEC) No          following its publication in the Official Journal of the
1836/82, the security referred to in Article 8 (2) (c) of the  European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 7 May 1991 .
                                                                         For the Commission
                                                                          Ray MAC SHARRY
                                                                     Member of the Commission
 ---pagebreak--- 9 . 5 . 91                                Official Journal of the European Communities                                       No L 116/21
                                                                  ANNEX I
                                                                                                    (tonnes)
                                               Place of storage                         Quantity
                                    Sjaelland/Lolland/Falster                            50 000
                                                                 ANNEX II
           Standing invitation to tender for the export of 50 000 tonnes of bread-making wheat held by the
                                                        Danish intervention agency
                                                       (Regulation (EEC) No 1202/91 )
                     1               2                 3               4                  5               6           7
                                                                                  Price increases
                 Tender        Consignment        Quantity        Offer price         ( + ) or •   Commercial
                                                                 (ECU/tonne)        reductions          costs    Destination
                   No               No             (tonnes)
                                                                       0                (-)        (ECU/tonne)
                                                                                   (ECU/tonne)
                     1
                    2
                                                                                                               I
                    3
                                                                                                               I
                   etc.
                                                                                                               I
           (') This price includes the increases or reductions relating to the lot to which the tender refers.