31992R1301

No L 139/24 Official Journal of the European Communities 22. 5. 92

COMMISSION REGULATION (EEC) No 1301 /92 of 21 May 1992 opening a standing invitation to tender for the export of 500 000 tonnes of bread-making wheat 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 bread-making wheat held by it. No 674/92 (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 bread-making wheat to be exported to cereals held by the intervention agencies are to be all third countries. Customs export formalities must be disposed of by invitation to tender ; completed during the period 1 July to 31 August 1992.

2. The regions in which the 500 000 tonnes of bread­ Whereas Commission Regulation (EEC) No 1836/82 (*), making wheat are stored are stated in Annex I to this as last amended by Regulation (EEC) No 3043/91 (6), lays 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 1992/93 cereals marketing year of issue, within the meaning of Article 9 of Regulation 500 000 tonnes of bread-making wheat held by the (EEC) No 1836/82, until 31 August 1992. German 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 June 1992, but for July to 31 August 1992. 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 1992 ; whereas of Commission Regulation (EEC) No 3719/88 Q. 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 the cereals from the inter­ 3 June 1992 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 29 July 1992 at 1 p.m. (Brussels time). (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 73, 19 . 3. 1992, p. 7. 4. The tenders shall be lodged with the German inter­ (3) OJ No L 139, 24. 5. 1986, p. 36. vention agency. 0 OJ No L 201 , 31 . 7. 1990, p. 5. 0 OJ No L 202, 9. 7. 1982, p. 23. «) OJ No L 288, 18 . 10. 1991 , p. 21 0 OJ No L 331 , 2. 12. 1988, p. 1 .

22. 5. 92 Official Journal of the European Communities No L 139/25

Article 5 until proof is furnished that the customs export formali­ ties have taken place during the period 1 July to 31 The successful tenderer shall pay for the cereals before August 1992. 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 1992. The price shall be table in Annex II to this Regulation, to the telephone, telex or telefax numbers in Annex III. increased by a monthly increment where the cereals are removed in August 1992.

Article8¶

Notwithstanding Article 17 (3) of Regulation (EEC) No This Regulation shall enter into force on the day 1836/82, the security referred to in the second indent of following its publication in the Official Journal of the Article 17 (2) of the said Regulation shall not be released European Communities.

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

Done at Brussels, 21 May 1992.

For the Commission Ray MAC SHARRY Member of the Commission

No L 139/26 Official Journal of the European Communities 22. 5 . 92

ANNEX I

(tonnes)

Place of storage Quantity

Schleswig-Holstein/Hamburg 106 816 Niedersachsen/Bremen 118 563 Nordrhein-Westfalen 86 881 Hessen 20 016 Rheinland-Pfalz 27 825 Baden-Württemberg 11 394 Bayern 118 770 Sachsen-Anhalt 9 646

ANNEX II

Standing invitation to tender for the export of 500 000 tonnes of bread-making wheat held by the German intervention agency

(Regulation (EEC) No 1301 /92)

1 2 3 4 5 6 7

Price increases (+) or Commercial Tender Offer price reductions Consignment Quantity costs Destination No No (ECU/tonne) (tonnes) (") 0 (ECU/tonne) (ECU/tonne) p.m .

1

2

3

etc.

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

ANNEX III

The only numbers to use to call Brussels (DG VI-C-1 (Attention : Messrs Thibault and Brus)) are : — telex : 22037 AGREC B 22070 AGREC B (Greek characters) — telefax : — 235 01 32, — 236 10 97, — 236 20 05, — 236 20 08 .