CELEX: 31974D0413
Language: en
Date: 1974-07-10 00:00:00
Title: Commission Decision of 10 July 1974 issuing a standing invitation to tender for the export of 400 000 metric tons of common wheat held by the German intervention agency

12 . 8 . 74                              Official Journal of the European Communities                            No L 221 / 19
                                                     COMMISSION
                                                     COMMISSION DECISION
                                                            of 10 July 1974
               issuing a standing invitation to tender for the export of 400 000 metric tons of common
                                          wheat held by the German intervention agency
                                                  ( Only the German text is authentic)
                                                             (74/413/EEC)
THE COMMISSION OF THE EUROPEAN                                         elsewhere ; whereas the German intervention agency,
COMMUNITIES ,                                                          in order to place all those participating in the
                                                                       tendering procedure in the same competitive position
Having regard to the Treaty establishing the                           shall sell at the same price; whereas in order to do
European Economic Community;                                           this it will bear the cost of transport from the place
                                                                       of storage to the frontier crossing point stipulated;
Having regard to Council Regulation No
120/67/EEC (*) of 13 June 1967 on the common                           Whereas, under Article 5 (5 ) of Regulation (EEC) No
organization of the market in cereals, as last amended                 376/70, it may be provided that a tender shall only
by the Regulation (EEC) No 1346/73 (2), and in                         be valid if it is accompanied by an application for an
particular Article 7 (5 ) thereof;                                     export licence and by an application for advance
                                                                       fixing of the refund for the destination in question ;
Having regard to Commission Regulation (EEC) No                        whereas the intention of this provision is to allow for
376/70 (3) of 27 February 1970 laying down the                         better assessment of the tender lodged by the tenderer ;
procedure and conditions for the disposal of cereals
held by the intervention agencies, as last amended by                  Whereas Council Regulation (EEC) No 1968/73 (5) of
Regulation (EEC) No 129/73 (4) and in particular                       19 July 1973 laying down general rules to be applied
Article 5 ( 1 ) and (7) thereof;                                       in the event of the cereals market being disturbed, as
                                                                       last amended by Regulation (EEC) No 676/74 (6),
Whereas the Federal Republic of Germany, in its                        provided for the possibility of fixing an export levy,
communication of 26 June 1974, informed the                            whereas, according to Article 3 (4) of that
Commission       of    the    intention     of   the    German         Regulation, this levy may be subject to advance
intervention agency to issue an invitation to tender                   fixing;
for the export of 400 000 metric tons of common
wheat ;                                                                Whereas it is only possible to make a proper
                                                                       assessment of a tender if the tender is linked with the
Whereas the 400 000 metric tons of common wheat                        export levy applicable on the day on which it is
to be tendered for, will be exported from the frontier                 lodged ; whereas, in order to take account of this, it is
crossing posts for which the tenders are made by the                   appropriate to apply to the export levy by analogy
tenderers ; whereas the common wheat is stored                         the rules of Article 5 (5 ) of Regulation (EEC) No
                                                                       376/70 and to extend the application of all the
                                                                       provisions made under this Article to the export levy;
( x) OJ No 117, 19 . 6 . 1967, p . 2269/67.
(2)  OJ No L 141 , 28 . 5 . 1973 , p. 8 .
(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.                                 (6) OJ No L 83 , 28 . 3. 1974, p. 3 .
 ---pagebreak--- No L 221 /20                         Official Journal of the European Communities                                    12 . 8 . 74
Whereas the measures provided for in this Decision .            the tenders shall only be valid if they are
are in accordance with the Opinion of the                       accompanied by an application for an export licence
Management Committee for Cereals,                               lodged by the tenderer and a corresponding
                                                                application :
HAS ADOPTED THIS DECISION :
                                                                — for advance fixing of the refund for the
                         Article 1                                  destination in question, or
                                                                — for advance fixing of the export levy. In this case
The German intervention agency, may under the                       the provisions made under Article 5 (5 ) of
conditions hereinafter laid down, issue a standing                  Regulation (EEC) No 376/70 shall apply.
invitation to tender for the export of common wheat
held by it.                                                     4. As regards the quantities of common wheat
                                                                which are not at the places referred to in the first and
                         Article 2                              second indents of paragraph 2, the most
                                                                advantageous transport costs between the place of
1.    The invitation , to tender refers to a quantity of        storage and the place of embarkation at the port or
400 000 metric tons of common wheat.                            exit point which may be reached at the most
                                                                advantageous costs, shall be reimbursed to the
2.    The places in which the 400 000 metric tons of            exporter-tenderer by the German intervention
common wheat are stored are listed in the Annex .               agency .
                         Article 3                                                        Article 4
1.    The minimum selling price is to be fixed for the          The German intervention agency shall lay down in
following places in accordance with Article 5 (7) of            the notice of invitation to tender the dates on which
Regulation (EEC) No 376/70 : North Sea or Baltic                tenders may be submitted.
ports of export and/or frontier crossing points in the
Federal     Republic      of    Germany,          Rotterdam,    There must be at least 10 days between publication
Amsterdam, Antwerpen and Gent.                                  of the notice of invitation to tender and the first date
                                                                laid down for submission of tenders . The last date on
2.    Tenders must be made for one or more of these             which tenders may be submitted is 25 June 1975 .
ports or exit points. The tenderer shall specify the
port or ports or exit points for which the tender is
made .                                                                                    Article S
The tenders shall be for common wheat :                         This Decision is addressed to the Federal Republic of
                                                                Germany.
— which is in harbour silos from which it can be
    loaded directly into a seagoing vessel or canal
    barge, or                                                   Done at Brussels, 10 July 1974.
— which is supplied undischarged at the place of
    embarkation at the port or exit point.                                                        ■For the Commission
                                                                                                       The President
3.    In cases where an export refund or levy is
applicable on the day on which tenders are lodged,                                                Francois-Xavier ORTOLI
                                                           ANNEX
                                   Place of storage
                                                                            Approximate quantities stored
                                                                                  (in metric tons)
              Niedersachsen /Bremen                                                   80 000
              Nordrhein-Westfalen                                                   170 000
              Hessen                                                                  20 000
              Rheinland-Pfalz/Baden-Württemberg/Saarland                              75 000
              Bayern                                                                  55 000