CELEX: 31973D0430
Language: en
Date: 1973-10-31 00:00:00
Title: Commission Decision of 31 October 1973 issuing a standing invitation to tender for the export of 100 000 metric tons of rye held by the German intervention agency

24 . 12. 73                             Official Journal of the European Communities                         No L 355/63
                                                  COMMISSION DECISION
                                                      of 31 October 1973
                issuing a standing invitation to tender for the export of 100 000 metric tons of rye held
                                              by the German intervention agency
                                              (Only the German text is authentic)
                                                         (73/430/EEC)
THE COMMISSION OF THE EUROPEAN                                     Whereas Council Regulation (EEC) No 1968/73 (5)
COMMUNITIES ,                                                      of 19 July 1973 , laying down general rules to be
                                                                   applied in the event of the cereals market being dis­
                                                                   turbed, as amended by Regulation (EEC) No
Having regard to the Treaty establishing the Euro­                 2632/73 (6), provided for the possibility of fixing an
pean Economic Cummunity;                                           export levy; whereas, according to Article 3 (4) of
                                                                   that Regulation, this levy may be subject to advance
Having regard to Council Regulation (EEC) No                       fixing;
120/67/EEC (*) of 13 June 1967 on the common or­
ganization of the market in cereals, as last amended
by Regulation (EEC) No 1346/73 (2), and in parti­                  Whereas it is only possible to make a proper assess­
cular Article 7 (5) thereof;                                       ment of a tender if the tender is linked with the
                                                                   export levy applicable on the day on which it is
Having regard to Commission Regulation (EEC) No                    lodged ; whereas, in order to take account of this,
376/70 (3) of 27 February 1970 laying down the                     it is appropriate to apply to the export levy by ana­
procedure and conditions for the disposal of cereals               logy the rules of Article 5 (5 ) of Regulation (EEC)
held by the intervention agencies, as last amended by              No 376/70 and to extend the application of all the
Regulation (EEC) No 129/73 (4) and in particular                   provisions made under this Article to the export levy;
Article 5 ( 1 ) and (7) thereof;
                                                                   Whereas the measures provided for in this Decision
Whereas the Federal Republic of Germany in its                     are in accordance with the Opinion of the Manage­
communicaiton of 4 October 1973 informed the
                                                                   ment Committee for Cereals,
Commission of the intention of the German inter­
vention agency to issue an invitation to tender for
the export of rye;
Whereas the 100 000 metric tons of rye to be ten­                  HAS ADOPTED THIS DECISION :
dered for will be exported from the frontier crossing
posts for which the tenders are made by the ten­                                             Article 1
derers ; whereas the rye is stored elsewhere ; whereas
the German intervention agency, in order to place
all those participating in the tendering procedure in              The German intervention agency, may under the
the same competitive position shall sell at the same               conditions hereinafter laid down, issue a standing
price; whereas in order to do this it will bear the                invitation to tender for the export of rye held by it.
cost of transport from the place of storage to the
frontier crossing point stipulated ;
Whereas under Article 5 (5 ) of Regulation (EEC)                                             Article 2
No 376/70 it may be provided that a tender shall
only be valid if it is accompanied by an application
for an export licence and by an application for ad­                1 . The invitation to tender refers to a quantity of
vance fixing of the refund for the destination in                  100 000 metric tons of rye.
question; whereas the intention of this provision is
to allow for better assessment of the tender lodged                2. The places in which the 100 000 metric tons of
by the tenderer;                                                   rye are stored are listed in the Annex.
(x) OJ No 117, 19. 6. 1967, p . 2269/67.
(2) OJ No L 141 , 28 . 5. 1973 , p. 8 .
(8) OJ No L 47, 28. 2. 1970, p. 49.                                (5) OJ No L 201 , 21 . 7. 1973 , p. 10.
(4) OJ No L 17, 20. 1 . 1973 , p. 17.                              (6) OJ No L 272, 29. 9. 1973 , p. 18.
 ---pagebreak--- No L 355 / 64                       Official Journal of the European Communities                                  24. 12. 73
                         Article 3                             4. As regards the quantities of rye which are not
                                                               at the places referred to in the first and second in­
1 . The minimum selling price is to be fixed for the           dents of paragraph 2, the most advantageous trans­
following places in accordance with Article 5 (7) of           port costs between the place of storage and the place
Regulation (EEC) No 376/70 :                                   of embarkation at the port or exit point which may
                                                               be reached at the most advantageous costs, shall
North Sea or Baltic ports of export and/ or frontier           be reimbursed to the exporter-tenderer by the
crossing points in the Federal Republic of Germany,            German intervention agency.
Rotterdam, Amsterdam, Antwerpen and Gent.
                                                                                      Article 4
2 . Tenders must be made for one or more of these
ports or exit points. The tenderer shall specify the
port or ports or exit points for which the tender              The German intervention agency shall lay down in
is made .                                                      the notice of invitation to tender the dates on which
                                                               tenders may be submitted.
The tenders shall be for rye :
— which is in harbour silos from which it can be               There must be at least ten days between publication
                                                               of the notice of invitation to tender and the first
    loaded directly on to a seagoing vessel or canal           date laid down for submission of tenders . The last
    barge, or
                                                               date on which tenders may be submitted is 14 June
— which is supplied undischarged at the place of                1974 .
    embarkation at the port or exit point.
                                                                                       Article S
3 . In cases where an export refund or levy is appli­
cable on the day on which tenders are lodged, the
tenders shall only be valid if they are accompanied            This Decision is addressed to the Federal Republic
 by an application for an export licence lodged by the         of Germany.
tenderer and a corresponding application :
— for advance fixing of the refund for the destina­            Done at Brussels, 31 October 1973 .
     tion in question, or
                                                                                              For the Commission
— for advance fixing of the export levy. In this
                                                                                                   The President
     case the provisions made under Article 5 (5 ) of
     Regulation (EEC) No 376/70 shall apply.                                                Francois-Xavier ORTOLI
                                                         ANNEX
                                                                                                 (in metric tons)
                                      Place of storage                              Quantities stored
               Schleswig-Holstein/Hamburg                                              12 066
               Niedersachsen/Bremen                                                   27 619
               Nordrhein-Westfalen                                                    45 100
               Rheinland-Pfalz/Baden­
               Württemberg/Saarland                                                    10 854
               Berlin                                                                   4 300