CELEX: 
Language: en
Date: 1981-06-06 00:00:00
Title: Commission Decision of 30 April 1981 opening a standing invitation to tender for the export to Poland of 200 000 tonnes of common wheat of breadmaking quality held by the French intervention agency

No L 149 /46                              Official Journal of the European Communities                                 6. 6 . 81
                                                    COMMISSION DECISION
                                                          of 30 April 1981
              opening a standing invitation to tender for the export to Poland of 200 000
              tonnes of common wheat of breadmaking quality held by the French interven­
                                                            tion agency
                                                  (Only the French text is authentic)
                                                            (81 /388/EEC)
THE COMMISSION OF THE EUROPEAN                                        Whereas, in order the ensure that the tenders are
COMMUNITIES,                                                          made in good faith and to guarantee the smooth
                                                                      running of the proposed operation in existing market
Having regard to the Treaty establishing the European
Economic Community,
                                                                      conditions, it is necessary to provide for a special secu­
                                                                      rity ; whereas, for the same reasons, the security must
Having regard to Council Regulation (EEC) No                          be released only on provision of proof of the arrival of
2727/75 of 29 October 1975 on the common organiza­                    the goods at their destination ;
tion of the market in cereals (J), as last amended by
the Act of Accession of Greece (2), and in particular                 Whereas the measures provided for in this Decision
Article 8 (4) thereof,                                                are in accordance with the opinion of the Manage­
                                                                      ment Committee for Cereals,
Having regard to Council Regulation (EEC) No
1146/76 of 17 May 1976 on particular and special
intervention measures for cereals (3),
                                                                      HAS ADOPTED THIS DECISION :
Having regard to Council Regulation (EEC) No
1055/77 of 17 May 1977 on the storage and move­
ment of products bought in by an intervention                                                  Article 1
agency (4), and in particular Article 4 thereof,
Whereas the French Republic, in a communication                       The French intervention agency may, on the
dated 9 April 1981 , advised the Commission of its                    following conditions, open a standing invitation to
wish to put up for sale, for export to non-member                     tender for the export of common wheat of bread­
countries, 200 000 tonnes of common wheat of bread­                   making quality held by it.
making quality held by its intervention agency ;
whereas, in view of the intervention stock levels
                                                                                               Article 2
within the Community, the proposed operation seems
particularly appropriate ;
                                                                       1.    The invitation to tender shall cover a maximum
Whereas the European Council agreed at its meeting,                   of 200 000 tonnes of common wheat of breadmaking
on 1 April 1981 in Brussels, that steps should be                     quality.
taken to facilitate the purchase by Poland of certain
agricultural products of the Community ; whereas in                   2. The regions in which the 200 000 tonnes of
view of the available supplies of Community cereals it                common wheat of breadmaking quality are stored are
is possible to put at the disposal of Poland some                     stated in the Annex.
200 000 tonnes of common wheat ;
Whereas the 200 000 tonnes of common wheat to be
                                                                                               Article 3
put up for sale by tender are be exported from the
 points of departure for which tenders are to be made                  1.    The places for which the minimum sale price is
 by tenderers ; whereas a certain proportion of the said               to be fixed are as follows : Nantes, Rowen, La Pallice,
 quantity is stored in other places ; whereas the French               Dunkerque.
 intervention agency, in order to place all participants
 in the invitation to tender on the same footing, must
                                                                       2. Tenders must be made by reference to the
 undertake the sale at uniform prices and, for that
                                                                       standard quality defined in Regulation (EEC) No
 purpose, it should take over the cost of transport from               2731 /75. When the quality of the cereal differs from
 the place of storage to the points of departure deter­                the standard quality, the tender accepted shall be
 mined ;                                                               adjusted by applying the increases or reductions laid
                                                                       down in Article 5 of Regulation (EEC) No 1629/77.
 (i)  OJ No L 281 ,  1 . 11 . 1975, p . 1 .
 (2 ) OJ No L 291 ,  19 . 11 . 1979 , p . 17 .
 (3)  OJ No L  130 , 19 . 5 . 1976, p . 1 .                            Tenders must be for a minimum quantity of 1 000
 (4)  OJ No L  128 , 24 . 5 . 1977, p . 1 .                            tonnes .
 ---pagebreak--- 6 . 6 . 81                          Official Journal of the European Communities                         No L 149/47
3. Tenders must be made for one or more ports or              an amount not less than he monthly increase in the
places of departure. The tenderer shall specify the port      reference price.
or ports or places of departure in respect of which his
tender is put forward.                                                                 Article 4
Tenders shall be for common wheat of breadmaking               1 . Notwithstanding the provisions of Article 21 ( 1 )
quality :                                                     of Regulation (EEC) No 3 1 83/80 (2), export licences
— in port silos from which direct loading into barge          issued under this standing invitation to tender shall be
     or sea-going vessel is possible, or                      considered, for the purposes of determining their
— delivered not unloaded to the place of embarka­             period of validity, as having been issued on the day
                                                              the tender was submitted.
     tion in the port or place of departure.
                                                              2.    The said licences shall be valid from their date
4. Tenders shall be valid only if they are accompa­
nied by :                                                     of issue within the meaning of paragraph 1 until the
                                                              end of the second month following.
— an application for export licences lodged by the
     tenderer, with an application for advance fixing of                               Article 5
     the export refund or levy, for Poland,
                                                               1 . For the first weekly award, tenders must be
— a written undertaking by the tenderer, counter­             submitted to the French intervention agency not later
     signed by the financial institution, to provide a        than 13 May 1981 at 1 p.m. (Belgian time).
     special security of 50 ECU per tonne not later
     than two working days following the date of              The final date for submission of tenders is hereby
     receipt of the information that his tender has been      fixed at 24 June 1981 .
     accepted.
                                                              2. On expiry of the time limit laid down for
— the proof of an undertaking to purchase by the              submission of tenders, the intervention agency shall
     Polish authorities covering the invitation to tender     forward to the Commission an anonymous list, stating
     in question and a given quantity.                        the price for each tender, expressed in ECU per
                                                              tonne, and the quantity.
5. The security shall not be released, except for
quantities for which the exporter provides proof that :       The Commission shall, in accordance with the proce­
(a) the customs formalities for placing in free circula­      dure referred to in Article 26 of Regulation (EEC) No
     tion have been completed in Poland. The proof            2727/75, fix the minimum sale price on the basis of
                                                              the said tenders, or shall decide not to make an award.
     shall be in accordance with the provisions of
     Article 20 (3) to (6) of Commission Regulation
                                                                                        Article 6
     (EEC) No 2730/79 ( i ) ; or
(b) that the product has become unsuitable for human          The French intervention agency lays down where
     or animal consumption.                                    necessary additional provisions and conditions
6. For common wheat of breadmaking quality                    consistent with the provisions of this Regulation .
which is not located at the places referred to in first
                                                                                        Article 7
and second indents of the second subparagraph of
paragraph 3, the most favourable transport costs              This Decision is addressed to the French Republic.
between the place of storage and the place of embarka­
tion in the ports or places of departure referred to in
paragraph 1 and attainable at the lowest transport cost        Done at Brussels, 30 April 1981 .
shall be reimbursed to the exporter and tenderer by
the French intervention agency.                                                            For the Commission
7.      If the cereals are removed later than the month                                      Poul DALSAGER
in which the contract was awarded, the price to be
paid by the contractor shall be increased monthly by                                  Member of the Commission
(!) OJ No L 317, 12. 12. 1979, p . 1 .                        (2) OJ No L 388 , 13 . 12 . 1980 , p . 1 .               0
 ---pagebreak--- No L 149 /48   Official Journal of the European Communities        6 . 6 . 81
                                       ANNEX
                                                          (tonnes)
                          Place of storage         Quantity
             Administrative regions
               Centre                              79 700
               Paris                               39 500
               Châlons                             41 800
               Amiens                              39 000