CELEX: 
Language: en
Date: 1975-07-17 00:00:00
Title: Commission Decision of 1 July 1975 on the opening of a standing invitation to tender for the export of approximately 65 200 metric tons of rye held by the German intervention agency

17. 7. 75                                  Official Journal of the European Communities                             No L 186/ 25
                                                                   II
                                              (Acts whose publication is not obligatory)
                                                      COMMISSION
                                                     COMMISSION DECISION
                                                            of 1 July 1975
               on the opening of a standing invitation to tender for the export of approxi­
                  mately 65 200 metric tons of rye held by the German intervention agency
                                                  (Only the German text is authentic)
                                                             (75/424/ EEC)
THE COMMISSION OF THE EUROPEAN                                         footing, must sell at a uniform price ; whereas it must
COMMUNITIES,                                                           accordingly bear the cost of transport from the place
                                                                       of storage to the points of exit stipulated ;
Having regard to the Treaty establishing the European
Economic Community ;                                                   Whereas under Article 5 (5) of Regulation (EEC) No
                                                                       376/70 it may be provided that a tender shall be valid
Having regard to Council Regulation No 120/                            only if accompanied by an application for an export
67/ EEC ( r) of 13 June 1967 on the common organiza­                   licence and by an application for advance fixing of the
tion of the market in cereals, as last amended by Regu­                refund for the destination in question ; whereas the
lation (EEC) No 665/75 (2), and in particular Article 7                intention of this provision is to facilitate assessment of
(5) thereof ;                                                          the tender ;
Having regard to Commission Regulation (EEC) No
376/70 (3 ) of 27 February 1970 laying down the proce­                 Whereas Council Regulation (EEC) No 1968 /73 (5) of
dure and conditions for the disposal of cereals held by                19 July 1973 laying down general rules to be applied
the intervention agencies, as last amended by Regula­                  in the event of the cereals market being disturbed, as
tion (EEC) No 1 29/73 (4), and in particular Article 5                 last amended by Regulation (EEC) No 86/75 (6),
( 1 ) and (7) thereof ;                                                makes provisions for the fixing of an export levy ;
                                                                       whereas pursuant to Article 3 (4) of that Regulation
Whereas the Federal Republic of Germany in its                         such levy may be subject to advance fixing ;
communication of 16 June 1975 informed the
Commission of the intention of the German interven­                    Whereas it is only possible to make a proper assess­
tion agency to invite tenders for the export of approxi­               ment of a tender if the tender is linked with the
mately 65 200 metric tons of rye ;                                     export levy applicable on the day on which it is
                                                                       lodged ; whereas to this end it is appropriate to apply
Whereas the 65 200 metric tons of rye to be tendered                   mutatis mutandis to the export levy the rules of
for will be exported from those of the prescribed                      Article 5 (5) of Regulation (EEC) No 376/70 together
points of exit specified by the tenderers ; whereas the                with all the other provisions applicable in such cases ;
rye is stored elsewhere ; whereas the German interven­
tion agency, in order to place all those participating in
the invitation to tender on the same competitive                       Whereas the measures provided for in this Decision
                                                                       are in accordance with the Opinion of the Manage­
                                                                       ment Committee for Cereals ,
(')  OJ  No  117, 19 . 6 . 1967, p . 2269 /67 .
(2 ) OJ  No  L 72, 20 . 3 . 1975, p. 14.
(3)  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 .                             (b) OJ No L 11 , 16. 1 . 1975, p . 2 .
 ---pagebreak--- No L 186/26                         Official Journal of the European Communities                                   17. 7. 75
HAS ADOPTED THIS DECISION :                                   — for advance fixing of the refund for the destination
                                                                   in question, or
                         Article 1                            — for advance fixing of the export levy. In this case
                                                                   there shall be applied those provisions of Regula­
The German intervention agency may, in accordance                  tions (EEC) No 2637/70 and (EEC) No 376/70
with the provisions hereinafter set out, open a                    applicable in the event of Article 5 (5) of the last
standing invitation to tender for the export of rye held           named Regulation being applied.
by it.
                                                              4. As regards those quantities of rye not stored or
                         Article 2                            supplied as provided in the first and second indents of
                                                              paragraph 2, successful tenderers shall be entitled to
 1 ."* The invitation to tender shall relate to a quantity    reimbursement by the German intervention agency in
of approximately 65 200 metric tons of rye.                   respect of the cost of transport on. the most favourable
2. The places in which the said rye is stored are             terms from the place of storage to that place of embar­
specified in the Annex hereto.                                kation at the ports or exit points specified in para­
                                                              graph 1 which may be reached at the lowest cost.
                         Article 3
                                                                                              Article 4
1 . The places for which a minimum selling price
shall be fixed in accordance with Article 5 (7) of Regu­      The German intervention agency shall specify in the
                                                              notice of invitation to tender the dates for the submis­
lation ( EEC) No 376/70 are as follows : Hamburg,
                                                              sion of tenders .
Bremen , Emden, Braunschweig, Brake and Rotterdam .
2.      Tenders must be made for one or more of these         There must be at least 10 days between publication of
                                                              the notice of invitation to tender and the first date
ports or exit points. The tenderer shall specify the
                                                              laid down for submission of tenders . The last date on
port or ports or exit points for which his tender is
made .                                                        which tenders may be submitted shall be 1 June
                                                               1976 .
Tenders shall be understood to relate to rye which is
either :                                                                                      Article 5
— stored in      harbour silos from which it can be
      loaded directly into a seagoing vessel or into a        This Decision is addressed to the Federal Republic of
                                                              Germany.
      barge, cr
— supplied undischarged at the place of embarkation
      at the port or exit point.                              Done at Brussels, 1 July 1975.
3 . Where an export refund or levy is applicable on
                                                                                                For the Commission
the day on which tenders are submitted, tenders shall
be valid only if accompanied by an application for an                                              P.J. LARDINOIS
export licence lodged by the tenderer and a corres­
ponding application either :                                                                 Member of the Commission
                                                          ANNEX
                                                                                (in mitru tons)
                                         Place of storage       Approximate quantities stored
                                 Hamburg/
                                 Schleswig-Holstein                      47 600
                                 Niedersachsen                           13 400
                                 Nordrhein-Westfalen                       4 200