31979R2855

19 . 12. 79 Official Journal of the European Communities No L 323 /7

COMMISSION REGULATION ( EEC) No 2855 /79 of 14 December 1979 opening an invitation to tender for the sale for export of baled tobacco held by the Italian intervention agency

THE COMMISSION OF THE EUROPEAN 2. The export refunds set out in Article 9 of Regula­ COMMUNITIES, tion (EEC) No 727/70 shall not apply to exports resulting from this sale. Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No Article 3 727/70 of 21 April 1970 on the common organization of the market in raw tobacco ( ! ), as last amended by Regulation (EEC) No 1 579/79 (2), and in particular The deadline for the submission of tenders at the Articles 7 (4) and 9 (5) thereof, headquarters of the Commission of the European Communities shall be at 1 p.m . local time on 7 March Whereas Commission Regulation (EEC) No 3389/73 1980 . of 13 December 1 973 (3) as last amended by Regula­ tion (EEC) No 31 3/79 (4), lays down the procedure and conditions for the sale of tobacco held by inter­ vention 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 Regula­ storage, and in view of the quantities of tobacco avail­ tion (EEC) No 3389/73 for removal of the tobacco by able on the internal Community market, an invitation the successful tenderer shall be as follows : to tender should be opened for the sale of the tobacco in lots ; whereas this tobacco should be intended for — in the case of lot No 1 , on the 60th day following export without refund ; that of the publication of the result of the tendering procedure in the Official Journal of the Whereas, in view of the size of lot No 2 and of the European Communities, fact that payment of the total amount of the lot is made before the tobacco is removed, it should be — in the case of lot No 2 : specified that, at the request of the successful tenderer, the security should be released at the same rate as the (a) at the end of the sixth month following the quantities of tobacco removed are being exported ; date of the publication of the result of the tendering procedure in the Official Journal of Whereas the measures provided for in this Regulation the European Communities, in respect of at are in accordance with the opinion of the Manage­ least one-third of the lot ; ment Committee for Tobacco, (b) at the end of the 12th month following the HAS ADOPTED THIS REGULATION : said date in respect of a quantity which, in addition to the quantity previously withdrawn, Article 1 represents at least two-thirds of the lot ;

Two lots of baled raw tobacco from the 1975 and (c) at the end of the 18th month following the 1976 crops held by the Italian intervention agency of said date for the remaining tobacco. a total weight of 13 464 507 kilograms divided by varieties as shown in the Annex hereto, shall be sold Article 5 for export.

Article 2 1 . The security specified in Article 5 of Regulation (EEC) No 3389/73 must be lodged with the Azienda 1 . The sale shall take place in accordance with the di Stato per gli interventi nel mercato agricolo, tendering procedure provided for in Regulation (EEC) sezione specializzata per il tabacco (AIMA), via Duccio No 3389/73 . Galimberti 47, 00136 Rome, Italy.

(!) OJ No L 94, 28 . 4. 1970 , p. 1 . 2 . The Commission shall inform the relevant inter­ (2) OJ No L 189 , 27. 7 . 1979, p. 1 . (3 ) OJ No L 345, 15. 12. 1973, p. 47. vention agency forthwith of the result of the sale by H OJ No L 43, 20 . 2 . 1979 , p. 5 . tender. The agency shall immediately release the secu­

No L 323/8 19 . 12. 79 Official Journal of the European Communities

rities of tenderers whose tenders were inadmissible or ments in proportion to the quantities of tobacco in who were unsuccessful . respect of which the proofs referred to in Article 7 (c) The securities of the successful tenderer or tenderers of this Regulation have been provided. shall be released once the conditions laid down in Article 6 Article 7 (c) of that Regulation have been fulfilled. This Regulation shall enter into force on the third day 3 . In the case of lot No 2 and on application by following its publication in the Official Journal of the person concerned, the security is released by instal­ the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 14 December 1979 .

For the Commission

Finn GUNDELACH Vice-President

ANNEX

(in kv)

Varieties Harvest Weight

Erzegovina 1975 818 472 Xanti-Yakà 1976 2 461 963 Perustitza 1976 3 610 767 Erzegovina 1976 6 573 305

Total 13 464 507