Commission Regulation (EC) No 1618/95 of 4 July 1995 opening an invitation to tender for the sale for export of baled tobacco held by the Greek and Italian intervention agencies

COMMISSION REGULATION (EC) No 1618/95 of 4 July 1995 opening an invitation to tender for the  sale for export of baled tobacco held by the Greek and Italian intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 727/70 of 21 April 1970 on the common organization of  the market in raw tobacco  (1), as last amended by Regulation (EEC) No 860/92  (2), and in  particular Article 7 (4) thereof,
Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the value of the unit  of account and the conversion rates to be applied for the purposes of the common agricultural  policy  (3), as last amended by Regulation (EC) No 150/95  (4) and in particular Article 6 (2)  thereof,
Whereas Commission Regulation (EEC) No 3389/73  (5), as last amended by Regulation (EC) No 3477/93   (6), lays down the procedure and conditions for the sale of tobacco held by intervention agencies;  whereas Article 5 (1) fixes the amount of the security applicable; whereas account should be taken  of the trend since then as regards the market and export refunds;
Whereas, on account of the problems caused by the storage of baled tobacco, and in particular the  cost of storage, an invitation to tender should be opened for the sale of the tobacco for export,  without refund;
Whereas payment for all the lots is made before the tobacco is taken over; whereas it should be  laid down that, at the request of the successful tenderer, the security is to be released  progressively as the quantities of tobacco removed are exported;
Whereas experience has shown that a short time limit can be set and whereas there should therefore  be a derogation from Article 3 of Regulation (EEC) No 3389/73 as regards the time limit of 45 days  between the date of publication of the notice in the Official Journal of the European Communities  and the date fixed for the submission of tenders, which should be reduced to 20 days;
Whereas, in view of the special features of the tobacco sector, the operative events for the  conversion rates should be the payment of the purchase price in the case of successful tenders and  the publication of the notice of invitation to tender in the case of securities; whereas,  therefore, there should be a derogation from Articles 10 (1) and 12 (4) of Commission Regulation  (EEC) No 1068/93  (7), as last amended by Regulation (EC) No 1053/95  (8) notwithstanding the  advance fixing of the rate for the payment of the purchase price in accordance with Articles 13 to  17 of the said Regulation;
Whereas the time limits for the successful tenderer to take over and export the tobacco should be  fixed, having regard in particular to the quantities involved, experience gained and the  requirements of sound financial management;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Tobacco,