CELEX: 
Language: en
Date: 1982-04-27 00:00:00
Title: Commission Decision of 13 April 1982 opening a standing invitation to tender for the export of 50 000 tonnes of common wheat of breadmaking quality held by the United Kingdom intervention agency

No L 113/28                              Official Journal of the European Communities                              27. 4. 82
                                                   COMMISSION DECISION
                                                         of 13 April 1982
              opening a standing invitation to tender for the export of 50 000 tonnes of
              common wheat of breadmaking quality held by the United Kingdom interven­
                                                            tion agency
                                                 (Only the English text is authentic)
                                                           (82/264/EEC)
THE COMMISSION OF THE EUROPEAN                                       Whereas the measures provided for in this Decision
COMMUNITIES,                                                         are in accordance with the opinion of the Management
                                                                     Committee for Cereals,
 Having regard to the Treaty establishing the European
 Economic Community,
Having regard to Council Regulation (EEC) No                         HAS ADOPTED THIS DECISION :
2727/75 of 29 October 1975 on the common organi­
zation of the market in cereals ('), as last amended by                                      Article 1
Regulation (EEC) No 3808/81 (2), and in particular
Article 8 (4) thereof,                                               The United Kingdom intervention agency may, on the
                                                                     following conditions, open a standing invitation to
Having regard to Council Regulation (EEC) No                         tender for the export of common wheat of bread­
 1146/76 of 17 May 1976 on particular and special                    making quality held by it.
intervention measures for cereals (3),
Having regard to Council Regulation (EEC) No                                                 Article 2
 1055/77 of 17 May 1977 on the storage and movement
of products bought in by an intervention agency (4),                 1.     The invitation to tender shall cover a maximum
and in particular Article 4 thereof,                                 of 50 000 tonnes of common wheat of breadmaking
                                                                     quality.
Whereas the United Kingdom, in a communication
dated 1 April 1982, advised the Commission of its                    2. The regions in which the 50 000 tonnes of
wish to put up for sale for export to non-member                     common wheat of breadmaking quaity are stored are
countries 50 000 tonnes of common wheat of bread­                    stated in the Annex.
making quality held by its intervention agency ;
whereas, in view of the intervention stocks levels                                           Article 3
within the Community, the proposed operation seems
particularly appropriate ;                                           1 . The places for which the minimum sale price is
Whereas the 50 000 tonnes of common wheat to be                      to be fixed are as follows : Hull, Tilbury, Shoreham,
                                                                     Avonmouth, Lowestoft, Dover.
put up for sale by tender are to be exported from the
points of departure for which tenders are to be made                 2. Tenders must be made by reference to the stan­
by tenderers ; whereas a certain proportion of the said              dard quality defined in Regulation (EEC) No 2731 /75.
quality is stored in other places ; whereas the United               When the quality of the cereal differs from the stan­
Kingdom intervention agency, in order to place all                   dard quality, the tender accepted shall be adjusted by
participants in the invitation to tender on the same                 applying the increases of reductions laid down in
footing, must undertake the sale at uniform prices and,              Article 5 of Regulation (EEC) No 1629/77.
for that purpose, it should take over the cost of trans­
port from the place of storage to the points of depar­               Tenders must be for a minimum quantity of 500
ture determined ;                                                    tonnes .
Whereas, in order to ensure that the tenders are made                3 . Tenders must be made for one or more ports or
in good faith and to guarantee the smooth running of                 places of departure. The tenderer shall specify the port
the proposed operation in existing market conditions,                or ports or places of departure in respect of which his
it is necessary to provide for a special security ;                  tender is put forward.
whereas, for the same reasons, the security must be
released only on provision of proof of the arrival for               Tenders shall be for common wheat of breadmaking
the goods at their destination ;                                     quality :
                                                                     — in port silos from which direct loading into barge
(■) OJ No   L 281 , 1 . 11 . 1975, p. 1 .                                 or sea-going vessel is possible, or
(2) OJ No  L  382,  31 . 12. 1981 , p . 37.
(3) OJ No  L  130 , 19 . 5 . 1976, p. 1 .                            — delivered not unloaded to the place of embarkation
(4  OJ No  L  128 , 24. 5. 1977, p. 1 .                                   in the port or place of departure .
 ---pagebreak--- 27. 4. 82                             Official Journal of the European Communities                         No L 113/29
4. Tenders shall be valid only if they are accompa­             issued under this standing invitation to tender shall be
nied by :                                                       considered, for the purposes of determining their
— an application for export licences lodged by the              period of validity, as having been issued on the day the
                                                                tender was submitted .
     tenderer, with an application for advance fixing of
     the export refund or levy, for the destination in          2.    The said licences shall be valid from their date of
     question and with an application for advance
     fixing of the monetary compensatory amount.                issue within the meaning of paragraph 1 until the end
                                                                of the second month following.
     For the purpose of this Decision, all countries for
     which the same rate of export refund or levy is
     fixed shall be considered as one destination,                                       Article 5
— a written undertaking by the tenderer, counter­               1.    The time limit for submission of tenders for the
     signed by the financial institution, to provide a          first partial invitation to tender shall expire on 13
     special security of 40 ECU per tonne not later than        April 1982 at 1 p.m . (Belgian time). The final date for
     two working days following the date of receipt of          submission of tenders is hereby fixed at 23 June 1982.
     the information that his tender has been accepted.
5. The security shall not be released, except for               2.    On expiry of the time limit laid down for
quantities for which the exporter provides proof that :         submission of tenders, the intervention agency shall
                                                                forward to the Commission an anonymous list, stating
(a) the customs formalities for placing in free circula­        the price for each tender, expressed in ECU per tonne,
     tion have been completed in the third country for          and the quantity.
     which the export refund or levy was fixed in
     advance. The proof shall be in accordance with the         The Commission shall, in accordance with the pro­
     provisions of Article 20 (3) to (6) of Commission          cedure referred to in Article 26 of Regulation (EEC)
     Regulation (EEC) No 2730/79 (') ; or                       No 2727/75, fix the minimum sale price on the basis
(b) that the product has become unsuitable for human            of the said tenders, or shall decide not to make an
                                                                award .
     or animal consumption .
6. For common wheat of breadmaking quality
which is not located at the places referred to iiy the                                   Article 6
first and second indents of the second subparagraph of
paragraph 3, the most favourable transport costs                The United Kingdom intervention agency lays down,
between the place of storage and the place of embark­           where necessary, additional provisions and conditions
ation in the ports or places of departure referred to in        consistent with the provisions of this Decision.
paragraph 1 and attainable at the lowest transport cost
shall be reimbursed to the exporter and tenderer by                                      Article 7
the United Kingdom intervention agency.
7.     If the cereals are removed later than the month          This Decision is addressed to the United Kingdom.
in which the contract was awarded, the price to be
paid by the contractor shall be increased monthly by
an amount not less than the monthly increase in the              Done at Brussels, 13 April 1982.
reference price.
                                                                                           For the Commission
                          Article 4
                                                                                              Poul DALSAGER
 1 . Notwithstanding the provisions of Article 21 ( 1 )
 of Regulation (EEC) No 3183/80 (2), export licences                                   Member of the Commission
 (') OJ No L 317, 12. 12. 1979, p. 1 .
 (2) OJ No L 338 , 13 . 12. 1980 , p. 1 .
 ---pagebreak--- No L 113/30    Official Journal of the European Communities       27 . 4 . 82
                                      ANNEX
                                                         (tonnes)
                     Place of storage           Quantity
            Midlands and East                   24 000
            South                               26 000