31990R1386
No L 133/34 Official Journal of the European Communities 24 . 5 . 90
COMMISSION REGULATION (EEC) No 1386/90 of 23 May 1990 opening a standing invitation to tender for the export of 400 000 tonnes of barley held by the German intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES , HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European Article 1 Economic Community,
The German intervention agency may, on the conditions Having regard to Council Regulation (EEC) No 2727/75 laid down in Regulation (EEC) No 1836/82, open a stan of 29 October 1975 on the common organization of the ding invitation to tender for the export of 400 000 tonnes market in cereals ('), as last amended by Regulation (EEC) of barley held by it. No 20 1 /90 (2), and in particular Article 7 (5) thereof,
Article 2 Whereas Article 3 of Council Regulation (EEC) No 1581 /86 of 23 May 1986 laying down general rules for intervention on the market in cereals (3), as amended by 1 . The invitation . to tender shall cover a maximum of Regulation (EEC) No 195/89 (4), lays down that cereals 400 000 tonnes of barley to be exported to all third coun held by the intervention agencies are to be disposed of by tries, excluding the German Democratic Republic . The invitation to tender ; wheat must be exported during the period from 1 July to 31 August 1990 . Whereas Commission Regulation (EEC) No 1 836/82 (5), 2. The regions in which the 400 000 tonnes of barley as last amended by Regulation (EEC) No 2418/87 (6), lays are stored are stated in Annex I to this Regulation. down the procedure and conditions for the disposal of cereals held by intervention agencies ;
Article 3 Whereas, given the current market situation, a standing invitation to tender should be opened for the export at 1 . The export licences shall be valid from their date of the beginning of the 1990/91 cereals marketing year of issue, within the meaning of Article 9 of Regulation 400 000 tonnes of barley held by the German interven (EEC) No 1836/82, until 31 August 1990. tion agency ; 2. Tenders submitted in response to this invitation to Whereas the proposed invitation to tender for the export tender shall be admissible only if they are accompanied of intervention stocks is special in that it will be opened by a written undertaking to export during the period from at the end of the marketing year, from May 1990, but for 1 July to 31 August 1990 . They may not be accompanied deliveries which will not be possible until the new marke by applications for export licences under Article 44 of ting year between 1 July and 31 August 1990 ; whereas Commission Regulation (EEC) No 3719/88 (7). there should therefore be a derogation from the first para graph of Article 16 of Regulation (EEC) No 1836/82, which provides for a maximum delay of one month Article 4 between acceptance of the tender and payment and also a derogation from the second paragraph of Article 16 of the 1 . By way of derogation from Article 7 (1 ) of Regula said Regulation, application of which would have led to tion (EEC) No 1836/82, the time limit for submission of the price accepted already being increased by monthly tenders under the first partial invitation to tender shall increments for the removal of the wheat from the inter expire on 30 May 1990 at 1 p.m. (Brussels time). vention store in July, whereas export was not scheduled previously ; 2. The time limit for submission of tenders under the subsequent partial invitations to tender shall expire each Whereas the measures provided for in this Regulation are Wednesday at 1 p.m. (Brussels time). in accordance with the opinion of the Management Committee for Cereals, 3. The last partial invitation to tender shall expire on 27 June 1990 at 1 p.m. (Brussels time). (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 22, 27. 1 . 1990, p. 7. 4. The tenders shall be lodged with the German inter (3) OJ No L 139 , 24. 5. 1986, p. 36. vention agency. 4 OJ No L 25, 28 . 1 . 1989, p. 22. (5) OJ No L 202, 9 . 7. 1982, p. 23 . (' OJ No L 223, 11 . 8 . 1987, p. 5. 0 OJ No L 331 , 2. 12. 1988 , p. 1 .
24 . 5 . 90 Official Journal of the European Communities No L 133/35
Article 5 said Regulation shall not be released until proof is furnished that the export has taken place during the The successful tenderer shall pay for the cereals before period from 1 July to 31 August 1990. they are removed. By way of derogation from the first paragraph of Article 16 of Regulation (EEC) No 1836/82, the time limit of one month between the date on which Article -7 the statement referred to in Article 15 of the said Regula tion is sent and payment shall not be applicable. The German intervention agency shall notify the Commission of the tenders received not later than two By way of derogation from the second paragraph of hours after expiry of the time limit for the submission Article 16 of Regulation (EEC) No 1836/82, the price thereof. Notification shall be given as specified in the payable for export shall be that mentioned in the tender where the cereals are removed in July 1990 . The price table in Annex II to this Regulation . shall be increased by a monthly increment where the cereals are removed in August 1990. Article 8 Article 6 This Regulation shall enter into force on the day follo Notwithstanding Article 17 (3) of Regulation (EEC) No wing its publication in the Official Journal of the Euro 1836/82, the security referred to in Article 8 (2) (c) of the bean Communities,
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 May 1990.
For the Commission Ray MAC SHARRY Member of the Commission
No L 133 / 36 Official Journal of the European Communities 24. 5 . 90
ANNEX I
(tonnes)
Place of storage Quantity
Schleswig-Holstein / Hamburg 82 035 Niedersachsen / Bremen 136 164 Nordrhein-Westfalen 89 885 Hessen 5 939 Rheinland-Pfalz 17 508 Baden-Wurttemberg 12 725 Bayern 55 732
ANNEX II
Standing invitation to tender for the export of 400 000 tonnes of barley held by the German inter vention agency
1 2 3 4 5 6 7 Price increases Offer price ( + ) or Commercial Tender Consignment Quantity costs (ECU/tonne) reductions Destination No No (tonnes) 0 ) (-) (ECU/tonne) (ECU/tonne)
1
2
3
etc.
(') This price includes the increases or reductions relating to the lot to which the tender refers.