CELEX: 31990R2612
Language: en
Date: 1990-09-11 00:00:00
Title: Commission Regulation (EEC) No 2612/90 of 10 September 1990 opening an invitation to tender for the sale of baled tobacco held by the German and Greek intervention agencies

11 . 9 . 90                             Official Journal of the European Communities                               No L 248/9
                                      COMMISSION REGULATION (EEC) No 2612/90
                                                     of 10 September 1990
                  opening an invitation to tender for the sale of baled tobacco held by the German
                                              and Greek intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       agencies, with a total weight of 1188 308 kilograms,
                                                                  broken down by variety as shown in the Annex hereto,
Having regard to the Treaty establishing the European             shall be sold for export.
Economic Community,
Having regard to Council Regulation (EEC) No 727/70 of
21 April 1970 on the common organization of the market                                      Article 2
in raw tobacco ('), as last amended by Regulation (EEC)
No 1 329/90 (2), and in particular Article 7 (4) thereof,         The sale shall take place in accordance with the tendering
                                                                   procedure provided for in Regulation (EEC) No 3389/73.
Having regard to Council Regulation (EEC) No 1676/85
of 11 June 1985 on the value of the unit of account and
the conversion rates to be applied for the purposes of the                                  Article 3
common agricultural policy (3), as last amended by Regu­
lation (EEC) No 2205/90 (4), and in particular Article 2 (4)
thereof,                                                          The deadline for the submission of tenders at the head­
                                                                  quarters of the Commission of the European Communi­
Whereas Commission Regulation (EEC) No 3389/73(0,                  ties shall be 12 noon local time, on 26 October 1990.
as last amended by Regulation (EEC) No 395/90 (6), lays
down the procedure and conditions for the sale of tobacco
held by intervention agencies ;                                                             Article 4
Whereas, on account of the problems caused by the
storage of baled tobacco, and in particular the costs of          The closing date referred to in Article 9 ( 1 ) of Regulation
storage, an invitation to tender should be opened for the         (EEC) No 3389/73 for removal of the tobacco by the
sale of the tobacco in lots ; whereas this tobacco should be      successful tenderer shall be :
intended for export, without refund ;                             (a) at the end of the fourth month following the date of
Whereas payment for all these lots is made before the                  publication of the result of the tendering procedure in
tobacco is removed ; whereas it should be provided that,               the Official Journal of the European Communities,
at the request of the successful tenderer, the security                in respect of at least one-third of the lots ;
should be released progressively as the quantities of
                                                                  (b) at the end of the sixth month following the said date
tobacco are exported ;
                                                                       for the remaining tobacco.
Whereas, to avoid distortions in this special case of an
invitation to tender for tobacco stored in more than one
Member State, the actual conversion rate multiplied by                                      Article 5
the correcting factor referred to in Article 3 (1 ) of Regula­
tion (EEC) No 1676/85 should be used for the tenders               1 . The security referred to in     Article 5 of Regulation
and securities resulting from this invitation to tender ;         (EEC) No 3389/73 must, for           the tobacco stored in
                                                                  Germany, be lodged with and in       the name of the Bunde­
Whereas the measures provided for in this Regulation are          sanstalt fur landwirtschaftliche     Marktordnung (BALM),
in accordance with the opinion of the Management                  Adickesallee 40, D-6000 Frankfurt am Main ; and for the
Committee for Tobacco,                                            tobacco stored in Greece with and in the name of the
                                                                  Ypiresia Diachirisis Agoron Georgikou Proionton
                                                                  (Ydagep), Acharnon 241 , GR- 10446 Athens.
HAS ADOPTED THIS REGULATION :
                                                                  2.     The Commission shall inform the relevant interven­
                            Article 1                             tion agency forthwith of the result of the sale by tender.
                                                                  The agency shall immediately release the securities of
Two lots of baled raw tobacco from the 1987 and 1988              tenderers whose tenders were inadmissible or who were
harvests, held by the German and Greek intervention               unsuccessful.
(') OJ   No L 94, 28. 4. 1970, p. 1 .                             Save as otherwise provided in the second subparagraph of
0   OJ   No L 132, 23. 5. 1990, p. 25.                            Article 7 of Regulation (EEC) No 3389/73, the securities
0   OJ   No L 164, 24. 6. 1985, p. 1 .                            of the successful tenderer or tenderers shall be released
0   OJ   No L 201 , 31 . 7. 1990, p. 9.
Ó OJ No L 345, 15. 12. 1973, p. 47.                               once the conditions laid down in Article 7 (c) of that
f) O ! No L 42, 16. 2. 1990, p. 46.                               Regulation have been fulfilled.
 ---pagebreak--- No L 248/ 10                            Official Journal of the European Communities                                 11 . 9. 90
3. On application by the person concerned, the                                                Article 7
security shall be released by instalments in proportion to
the quantities of tobacco in respect of which the proof           Notwithstanding Article 5 ( 1 ) of Regulation (EEC) No
referred to in Article 7 (c) of the said Regulation has been      3389/73, the conversion rates to be applied for calculating
                                                                  the tenders and securities in national currencies shall be
furnished.
                                                                  those in force on the day preceding publication of the
                                                                  notice of invitation to tender for the tobacco referred to in
                                                                  Article 1 and given in the Annex to Commission Regula­
                                                                  tion (EEC) No 2492/90 (')•
                          Article 6
                                                                                              Article 8
Notwithstanding Article 4 (2) of Regulation (EEC) No              This Regulation shall enter into force on the third day
3389/73, the price per kilogram of tobacco tendererd              following its publication in the Official Journal of the
must be expressed in ecus per kilogram.                           European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 10 September 1990 .
                                                                             For the Commission
                                                                              Ray MAC SHARRY
                                                                        Member of the Commission
                                                             ANNEX
                                     Lot
                                                     Variety         Harvest           Weight
                                     No                                             (kilograms)
                                      1         Tsebelia              1987             613 254
                                                Basmas                1988             104 314
                                                                \                      717 568
                                      2         Tsebelia              1987             389 015
                                                Basmas                1988              81 725
                                              I                 Il                     470 740
                                                                          Total      1 188 308
                                                                  (') OJ No L 238, 1 . 9. 1990, p. 45.