31991R1148

4 . 5 . 91 Official Journal of the European Communities No L 112/33

COMMISSION REGULATION (EEC) No 1148 /91 of 3 May 1991 opening a standing invitation to tender for the export of 500 000 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 of 29 October 1975 on the common organization of the standing invitation to tender for the export of 500 000 market in cereals ('), as last amended by Regulation (EEC) tonnes of barley held by it. No 3577/90 (2), and in particular Article 7 (6) thereof,

Whereas Article 3 of Council Regulation (EEC) No Article 2 1581 /86 of 23 May 1986 laying down general rules for intervention on the market in cereals (3), as last amended 1 . The invitation to tender shall cover a maximum of by Regulation (EEC) No 2203/90 (4), lays down that 500 000 tonnes of barley be exported to all third coun­ cereals held by the intervention agencies are to be tries. Customs export formalities must be completed disposed of by invitation to tender ; during the period 1 July to 31 August 1991 .

Whereas Commission Regulation (EEC) No 1 836/82 (5), 2. The regions in which the 500 000 tonnes of barley as last amended by Regulation (EEC) No 2619/90 (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 1991 /92 cereals marketing year of issue, within the meaning of Article 9 of Regulation 500 000 tonnes of barley held by the German interven­ (EEC) No 1836/82, until 31 August 1991 . 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 by a written undertaking to export during the period 1 of intervention stocks is special in that it will be opened at the end of the marketing year, from May 1991 , but for July to 31 August 1991 . They may not be accompanied deliveries which will not be possible until the new mar­ by applications for export licences pursuant to Article 44 keting year between 1 July and 31 August 1991 ; whereas of Commission Regulation (EEC) No 3719/88 P). 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 1 6 of the 1 . Notwithstanding Article 7 ( 1 ) of Regulation (EEC) said Regulation, application of which would have led to No 1836/82, the time limit for submission of tenders the price accepted already being increased by monthly under the first partial invitation to tender shall expire on increments for the removal of barley from the interven­ 15 May 1991 at 1 p.m. (Brussels time). tion 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 26 June 1991 at 1 p.m . (Brussels time). (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 353, 17. 12. 1990, p. 23 , 4. The tenders shall be lodged with the German inter­ if) OJ No L 139, 24. 5. 1986, p. 36. vention agency. (4) OJ No L 201 , 31 . 7. 1990 , p. 5. H OJ No L 202, 9 . 7. 1982, p. 23 . (*) OJ No L 249, 12. 9. 1990, p. 8 . 0 OJ No L 331 , 2. 12. 1988, p. 1 .

No L 112/34 Official Journal of the European Communities 4. 5 . 91

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 1 July to 31 August 1991 . they are removed. Notwithstanding the first paragraph of Article 16 of Regulation (EEC) No 1836/82, the time limit of one month between the date on which the state­ Article 7 ment referred to in Article 15 of the said Regulation is sent and payment shall not be applicable. The German intervention agency shall notify the Commission of the tenders received not later than two Notwithstanding with standing the second paragraph of Article 16 of Regulation (EEC) No 1836/82, the price hours after expiry of the time limit for the submission payable for export shall be that mentioned in the tender thereof. Notification shall be given as specified in the where the cereals are removed in July 1991 . The price table in Annex II to this Regulation . shall be increased by a monthly increment where the cereals are removed in August 1991 . Article 8 Article 6 This Regulation shall enter into force on the day Notwithstanding Article 17 (3) of Regulation (EEC) No following its publication in the Official Journal of the 1836/82, the security referred to in Article 8 (2) (c) of the European Communities.

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

Done at Brussels, 3 May 1991 .

For the Commission Ray MAC SHARRY Member of the Commission

4. 5 . 91 Official Journal of the European Communities No L 112/35

ANNEX I

(tonnes)

Place of storage Quantity

Schleswig-Holstein / Hamburg 13 206 Niedersachsen / Bremen 180 237 Nordrhein-Westfalen 142 895 Hessen 20 334 Rheinland-Pfalz 22 525 Baden-Wiirttemberg 13 759 Bayern 102 644 Saarland 4 376

ANNEX II

Standing invitation to tender for the export of 500 000 tonnes of barley held by the German inter­ vention agency

(Regulation (EEC) No 1148/91 )

1 2 3 4 5 6 7 Price increases Tender Offer price ( + ) or Commercial Consignment Quantity reductions costs Destination No No (ECU/tonne) (tonnes) (') (_). (ECU/tonne) (ECU/tonne)

1

2 > 3

etc.

(') This price includes the increases or reductions relating to the lot to which the tender refers.