31989R0338

11 . 2 . 89 Official Journal of the European Communities No L 39/ 13

COMMISSION REGULATION (EEC) No 338 /89

of 10 February 1989

opening an invitation to tender for the sale for export of baled tobacco held by the Italian intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Article 3

Having regard to the Treaty establishing the European The deadline for the submission of tenders at the head­ Economic Community, quarters of the Commission of the European Communi­ ties shall be 3 p.m., local time, on 13 April 1989. Having regard to Council Regulation (EEC) No 727/70 of 21 April 1970 on the common organization of the market in raw tobacco ('), as last amended by Regulation (EEC) Article 4 No 2267/88 (2), and in particular Article 7 (4) thereof,

The closing date referred to in Article 9 (1) of Regulation Whereas Commission Regulation (EEC) No 3389/73 (3), (EEC) No 3389/73 for removal of the tobacco by the as last amended by Regulation (EEC) No 3263/85 (4), lays successful tenderer shall be : down the procedure and conditions for the sale of tobacco held by intervention agencies ; (a) at the end of the fourth month following the date of publication of the result of the tendering procedure in Whereas, on account of the problems caused by the the Official Journal of the European Communities, storage of baled tobacco, and in particular the costs of in respect of at least one-third of the lots ; storage, an invitation to tender should be opened for the sale of the tobacco in lots ; whereas this tobacco should be (b) at the end of the sixth month following the said date intended for export, without refund ; for the remaining tobacco.

Whereas payment for all these lots is made before the tobacco is removed ; whereas it should be provided that, Article 5 at the request of the successful tenderer, the security should be released progressively as the quantities of 1 . The security specified in Article 5 of Regulation tobacco are exported ; (EEC) No 3389/73 must be lodged with and by the Azienda di Stato per gli interventi nel mercato agricolo, Whereas the Management Committee for Tobacco has sezione specializzata per il tabacco (AIMA), via Duccio not delivered an opinion within the time limit set by its Galimberti 47, I-00136 Roma. chairman, 2. The Commission shall inform the relevant interven­ tion agency forthwith of the result of the sale by tender. The agency shall immediately release the securities of HAS ADOPTED THIS REGULATION : tenderers whose tenders were inadmissible or who were unsuccessful .

Article 1 Save as otherwise provided in the second subparagraph of Article 7 of Regulation (EEC) No 3389/73, the securities of the successful tenderer or tenderers shall be released Ten lots of baled raw tobacco from the 1985, 1986 and once the conditions laid down in Article 7 (c) of that 1987 harvests, held by the Italian intervention agency, Regulation have been fulfilled. with a total weight of 12 389 423 kilograms divided by varieties as shown in the Annex hereto, shall be sold for 3. On application by the person concerned, the secur­ export. ity shall be released by instalments in proportion to the quantities of tobacco in respect of which the proof referred to in Article 7 (c) of the said Regulation has been Article 2 furnished .

The sale shall take place in accordance with the tendering procedure provided for in Regulation (EEC) No 3389/73. Article 6

(') OJ No L 94, 28. 4. 1970, p. 1 . This Regulation shall enter into force on the third day (2) OJ No L 199, 26. 7. 1988 , p. 18. (3) OJ No L 345, 15. 12. 1973, p. 47. following its publication in the Official Journal of the (") OJ No L 311 , 22. 11 . 1985, p. 22. European Communities.

No L 39 / 14 Official Journal of the European Communities 11 . 2. 89

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

Done at Brussels, 10 February 1989 .

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

Lot Harvest Weight No Variety (kilograms)

1 Xanti Yakà 1985 32 863 1986 464 673 Perustitza 1985 36 464 1986 297 233 Erzegovina 1985 90 951 1986 263 355 Kentucky 1986 97 790 1 283 329 J

2 Bright 1986 817440 Kentucky 1986 98 062 F. Havana 1986 582 675 1 498 177

3 Burley 1 1986 820 249 Badischer Burley 1986 11 220 Kentucky 1986 98 062 F. Havana 1986 582 875 1 512 406 \

4 Mavra 1986 563 104 F. Havana 1986 670 162 1 233 266 I

5 F. Havana 1986 - 1 312 971

6 F. Havana 1986 455 599

7 Tsebelia 1986 798 628

8 Tsebelia 1986 1 228 683

9 Tsebelia 1987 1 618 576

10 Tsebelia 1987 1 447 788

Total 12 389 423