31993R1197
No L 122/20 18 . 5. 93 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 1197/93 of 17 May 1993 opening a standing invitation to tender for the export of 300 000 tonnes of feed rye held by the German intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES, tion without prejudice to the possibility of fixing the agri cultural conversion rate in advance in accordance with Having regard to the Treaty establishing the European Articles 13 to 17 of Regulation (EEC) No 1068/93 ; Economic Community, Whereas the measures provided for in this Regulation are Having regard to Council Regulation (EEC) No 2727/75 in accordance with the opinion of the Management of 29 October 1975 on the common organization of the Committee for Cereals, market in cereals ('), as last amended by Regulation (EEC) No 1 738/92 (2), and in particular Article 7 (6) thereof,
Whereas Article 3 of Council Regulation (EEC) No HAS ADOPTED THIS REGULATION : 1581 /86 of 23 May 1986 laying down general rules for intervention on the market in cereals (3), as last amended by Regulation (EEC) No 2203/90 0, lays down that Article 1 cereals held by the intervention agencies are to be disposed of by invitation to tender ; The German intervention agency may, on the conditions laid down in Regulation (EEC) No 1836/82, open a Whereas Commission Regulation (EEC) No 1836/82 0, standing invitation to tender for the export of 300 000 as last amended by Regulation (EEC) No 966/93 0, lays tonnes of feed rye held by it. down the procedure and conditions for the disposal of cereals held by intervention agencies ; Article 2 Whereas, given the current market situation, a standing invitation to tender should be opened for the export at 1 . The invitation to tender shall cover a maximum of the beginning of the 1993/94 cereals marketing year of 300 000 tonnes of feed rye to be exported to all third 300 000 tonnes of feed rye held by the German interven countries. Customs export formalities must be completed tion agency ; during the period 1 July to 30 September 1993.
Whereas the proposed invitation to tender for the export 2. The regions in which the 300 000 tonnes of feed rye of intervention stocks is special in that it will be opened are stored are stated in Annex I to this Regulation. at the end of the marketing year, from May 1993, but for deliveries which will not be possible until the new 1993/94 marketing year between 1 July and Article 3 30 September 1993 ; whereas there should therefore be a derogation from the first paragraph of Article 16 of Regu 1 . The export licences shall be valid from their date of lation (EEC) No 1836/82, which provides for a maximum issue, within the meaning of Article 9 of Regulation delay of one month between acceptance of the tender and (EEC) No 1836/82, until 30 September 1993. payment and also a derogation from the second paragraph of Article 16 of the said Regulation, application of which 2. Tenders submitted in response to this invitation to would have led to the price accepted already being tender shall be admissible only if they are accompanied increased by monthly increments for the removal of the by a written undertaking to export during the period cereals from the intervention store in July, whereas export 1 July to 30 September 1993. They may not be accompa was not scheduled previously ; nied by applications for export licences pursuant to Article 44 of Commission Regulation (EEC) Whereas from 1 July 1993 the operative event for the No 3719/88 (8). conversion of tenders submitted for intervention stocks is the date of payment for cereals as fixed by Commission Regulation (EEC) No 1068/93 0 ; whereas this rule Article 4 should be applied to the sales provided for in this Regula
1 . Notwithstanding Article 7 (1 ) of Regulation (EEC) (') OJ No L 281 , 1 . 11 . 1975, p. 1 . No 1836/82, the time limit for submission of tenders 0 OJ No L 180, 1 . 7. 1992, p. 1 . (3) OJ No L 139, 24. 5. 1986, p. 36. under the first partial invitation to tender shall expire on 0 OJ No L 201 , 31 . 7. 1990, p. 5. 26 May 1993 at 1 p.m. (Brussels time). 0 OJ No L 202, 9. 7. 1982, p. 23 . 0 OJ No L 98, 24. 4. 1993, p. 25. 0 OJ No L 108, 1 . 5. 1993, p. 106. (8) OJ No L 331 , 2. 12. 1988, p. 1 .
18 . 5. 93 No L 122/21 Official Journal of the European Communities
2. The time limit for submission of tenders under the converted using the agricultural conversion rate appli subsequent partial invitations to tender shall expire each cable on the date on which the cereals are paid for. Wednesday at 1 p.m. (Brussels time). Article 6 3 . The last partial invitation to tender shall expire on 25 August 1993 at 1 p.m. (Brussels time). Notwithstanding Article 17 (3) of Regulation (EEC) No 1836/82, the security referred to in the second indent 4. The tenders shall be lodged with the German inter of Article 17 (2) of the said Regulation shall not be released until proof is furnished that the customs export vention agency. formalities have taken place during the period 1 July to 30 September 1993. Article 5 Article 7 The following provisions shall apply to tenders submitted The German intervention agency shall notify the before 1 July 1993 : Commission of the tenders received not later than two — notwithstanding the first subparagraph of Article 1 6 of hours after expiry of the time limit for the submission Regulation (EEC) No 1836/82, the products must be thereof. Notification shall be given as specified in the removed not later than 31 July 1993, table in Annex II to this Regulation, to the telex or telefax numbers in Annex III . — nothwithstanding the second subparagraph of Article 16 of Regulation (EEC) No 1836/82, the price Article 8 to be paid for products for export shall be that indi cated in the tender, This Regulation shall enter into force on the third day — without prejudice to the possibility of fixing the agri following its publication in the Official Journal of the cultural conversion rate in advance, tenders shall be European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 17 May 1993 .
For the Commission René STEICHEN Member of the Commission
No L 122/22 Official Journal of the European Communities 18 . 5. 93
ANNEX I
(tonnes)
Place of storage Quantity
Schleswig-Holstein/Hamburg 86 792 Niedersachsen/Bremen 50 893 Nordrhein-Westfalen 13 659 Hessen 8 731 Rheinland-Pfalz 8 927 Baden-Württemberg 9 898 Bayern 18 105 Saarland 121 Berlin/Brandenburg 43 175 Mecklenburg-Vorpommern 28 265 Sachsen 5 735 Sachsen-Anhalt 25 703
ANNEX II
Standing invitation to tender for the export of 300 000 tonnes of feed rye held by the German intervention agency
1 2 3 4 5 6 7 Price increases ( + ) or Commercial Tender Offer price reductions Consignment Quantity costs Destination No No (ECU/tonne) (tonnes) (") (') (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 are [DG VI-C-1 (Attention : Messrs Thibault and Brus)] :
— telex : 22037 AGREC B 22070 AGREC B (Greek characters) — telefax : — 295 01 32 — 296 10 97 — 295 25 15.