EN OfficialJournaloftheEuropeanCommunities 31.7.1999 L201/55
COMMISSION REGULATION (EC) No 1707/1999
of 30 July 1999
openingan invitation to tender for the refund or the tax for the export of common wheat to all
third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market incereals(
1), as last amended by Regulation (EC) No 1253/
1999(2),
Having regard to Commission Regulation (EC) No 1501/95 of
29 June 1995 laying down certain detailed rules for theapplication of Council Regulation (EEC) No 1766/92 on thegranting of export refunds on cereals and the measures to betaken in the event of disturbance on the market for cereals(
3),
as last amended by Regulation (EC) No 2513/98(4), and in
particular Article 4 thereof,
(1)Whereas, in view of the current situation on the cerealsmarket, an invitation should be opened, in respect ofcommon wheat to tender for the export refund or taxprovided for in Article 4 of Regulation (EC) No 1501/95;
(2)Whereas the detailed procedural rules governing invita-tions to tender are as regards the fixing of the exportrefund, or export tax in Regulation (EC) No 1501/95;whereas the commitments on the part of the tendererinclude an obligation to lodge an application for anexport licence; whereas compliance with this obligationmay be ensured by requiring tenderers to lodge atendering security of euro 12 per tonne when theysubmit their tenders;
(3)Whereas it is necessary to provide for a specific periodof validity for licences issued under that invitation totender; whereas that period of validity must meet theneedsoftheworldmarketforthe1999/2000marketingyear;
(4)Whereas,inordertoensurethatallthoseconcernedaretreated equally, it is necessary to lay down that theperiod of validity of the licences issued should be iden-tical;
(5)Whereas,inordertoensurethesmoothoperationoftheexporttenderingprocedureitisappropriatetoprescribeaminimumquantitytobetenderedforandatimelimitand form for the communication of tenders submittedto the competent authorities;(6)Whereas the measures provided for in this Regulationare in accordance with the opinion of the ManagementCommittee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. Tenders shall be invited for the export refund and/or
export tax provided for in Article 4 of Regulation (EC) No1501/95.
2. The tendering procedure shall concern common wheat
for export to all third countries.
3. The invitation shall remain open until 25 May 2000.
Duringthisperiodweeklyawardsshallbemade,forwhichthequantities and the time limits for the submission of tendersshall be as prescribed in the notice of invitation to tender.
Article 2
A tender shall be valid only if it relates to an amount of not
less than 1000 tonnes.
Article 3
The security referred to in Article 5(3a) of Regulation (EC) No
1501/95 shall be EUR 12 per tonne.
Article 4
1. NotwithstandingArticle21(1)ofCommissionRegulation
(EEC) No 3719/88(
5), laying down common detailed rules for
theapplicationofthesystemofimportandexportlicencesandadvance. Fixing certificates for agricultural products; exportlicences issued under Article 8(1) of Regulation (EC) No 1501/95 shall, for the purpose of determining their period ofvalidity, be deemed to have been issued on the day on whichthe tender was submitted.
2. Export licences issued in connection with the invitations
to tender pursuant to this Regulation shall be valid from theirdate of issue, as defined in paragraph 1, until the end of thefourth month following that of issue.
Article 5
1. The Commission shall decide, pursuant to the procedure
laid down in Article 23 of Regulation (EEC) No 1766/92:
— tofixamaximumexportrefund,takingaccountinpartic-
ularofthecriterialaiddowninArticle1ofRegulation(EC)No 1501/95, or
(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 160, 26.6.1999, p. 18.
(3) OJ L 147, 30.6.1995, p. 7.
(4) OJ L 313, 21.11.1998, p. 16. (5) OJ L 331, 2.12.1988, p. 1.
EN OfficialJournaloftheEuropeanCommunities 31.7.1999 L201/56
— tofixaminimumexporttax,takingintoaccountinpartic-
ular the criteria laid down in Article 1 of Regulation (EC)No 1501/95, or
— to make no award.
2. Where a maximum export refund is fixed, the contract
shall be awarded to the tenderer or tenderers whose bids areequal to or lower than the maximum refund, as well as to thetenderer or tenderers whose bid relates to an export tax.
3. Whereaminimumexporttaxisfixed,acontractshallbe
awarded to any tenderer whose tender indicates a rate of taxequal to or more than such minimum export tax.
Article 6
Tenders submitted must reach the Commission through the
intermediary Member States, at the latest one and a half hoursafterexpiryoftheperiodfortheweeklysubmissionoftendersasspecifiedinthenoticeofinvitationtotender.Theymustbe
communicatedintheformindicatedinAnnexI,tothetelexorfax numbers in Annex II.
If no tenders are received, Member States shall inform the
Commission of this within the time limit indicated in thepreceding paragraph.
Article 7
Thetimelimitsfixedforthesubmissionoftendersshallcorre-
spond to Belgian time.
Article 8
This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 July 1999.
For the Commission
Franz FISCHLER
Member of the Commission
EN OfficialJournaloftheEuropeanCommunities 31.7.1999 L201/57
ANNEX I
Weekly tender for the refund or the tax for the export of barley to all third countries
[Regulation (EC) No 0000/1999]
(Closing date for the submission of tenders (date/time))
1 2 3
A B
Number of tenderer Quantity in tonnesAmount of export tax in EUR/
tonneAmount of export refund in
EUR/tonne
1
2
3
etc.
ANNEX II
The only numbers to use to call Brussels (DG VI-C-1) are:
—telex: 22037AGRECB,
22070AGRECB(Greekcharacters),
—fax: 2952515,
2964956.