31991R1149

No L 112/ 36 Official Journal of the European Communities 4 . 5 . 91

COMMISSION REGULATION (EEC) No 1149/91 of 3 May 1991 opening a standing invitation to tender for the export of 100 000 tonnes of bread-making rye 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 100 000 market in cereals ('), as last amended by Regulation (EEC) tonnes of bread-making rye 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 (■'), as amended by 1 . The invitation to tender shall cover a maximum of Regulation (EEC) No 2203/90 (4), lays down that cereals 100 000 tonnes of bread-making rye to be exported to all held by the intervention agencies are to be disposed of by third countries. Customs export formalities must be invitation to tender ; completed during the period 1 July to 31 August 1991 .

2. The regions in which the 100 000 tonnes of bread­ Whereas Commission Regulation (EEC) No 1 836/82 (5), making rye are stored are stated in Annex I to this Regu­ as last amended by Regulation (EEC) No 2619/90 (6), lays lation . 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 100 000 tonnes of bread-making rye held by the German (EEC) No 1836/82, until 31 August 1991 . intervention 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 1 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 16 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 the rye 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 O OJ No L 139, 24. 5. 1986, p. 36. vention agency. (4) OJ No L 201 , 31 . 7. 1990, p. 5 . 0 OJ No L 202, 9. 7. 1982, p. 23 . (6) OJ No L 249 , 12. 9 . 1990, p. 8 . 0 OJ No L 331 , 2. 12. 1988, p. 1 .

4. 5 . 91 No L 112/37 Official Journal of the European Communities

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 the second paragraph of Article 16 of Regulation (EEC) No 1836/82, the price payable for hours after expiry of the time limit for the submission export shall be that mentioned in the tender where the thereof. Notification shall be given as specified in the cereals are removed in July 1991 . The price shall be table in Annex II to this Regulation . 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 Europea n Co m m u n ities.

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

No L 112/38 Official Journal of the European Communities 4 . 5 . 91

ANNEX I

(tonnes)

Place of storage Quantity

Schleswig-Holstein / Hamburg 69 486 Niedersachsen / Bremen 14 393 Nordrhein-Westfalen 2 537 Rheinland-Pfalz 5 633 Baden-Wiirttemberg 2 102 Bayern 5 844

ANNEX II

Standing invitation to tender for the export of 100 000 tonnes of bread-making rye held by the German intervention agency

(Regulation (EEC) No 1149/91 )

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