31990R2612
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 Article 2 21 April 1970 on the common organization of the market 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) The deadline for the submission of tenders at the head thereof, 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 The closing date referred to in Article 9 ( 1 ) of Regulation storage of baled tobacco, and in particular the costs of (EEC) No 3389/73 for removal of the tobacco by the storage, an invitation to tender should be opened for the successful tenderer shall be : sale of the tobacco in lots ; whereas this tobacco should 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. once the conditions laid down in Article 7 (c) of that Ó OJ No L 345, 15. 12. 1973, p. 47. f) O ! No L 42, 16. 2. 1990, p. 46. Regulation have been fulfilled.
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 Notwithstanding Article 5 ( 1 ) of Regulation (EEC) No the quantities of tobacco in respect of which the proof 3389/73, the conversion rates to be applied for calculating referred to in Article 7 (c) of the said Regulation has been 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 Weight Variety Harvest No (kilograms)
1 Tsebelia 1987 613 254 Basmas 1988 104 314 717 568 \
2 Tsebelia 1987 389 015 Basmas 1988 81 725 470 740 I Il
Total 1 188 308
(') OJ No L 238, 1 . 9. 1990, p. 45.