EN Official Journal of the European Union L 90/64

COMMISSION REGULATION (EC) No 581/2004

of 26 March 2004

opening a standing invitation to tender for export refunds concerning certain types of butter

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 31(3)(b) and (14) thereof,

Whereas:

(1) According to Article 2(1) of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (2) the Commission decides on a standing invitation to tender within the framework of that Regulation.

(2) For practical reasons it is appropriate to provide for separate invitations to tender for the products referred to in Article 1 of Regulation (EC) No 580/2004. This Regulation should therefore open a standing invitation to tender for certain types of butter.

(3) The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

1. A permanent tender is opened in order to determine the export refund on the following types of butter referred to in section 9 of Annex I to Commission Regulation (EEC) No 3846/87 (3):

(a) natural butter in blocks of at least 20 kilograms net weight falling under product codes ex ex040510199500 and ex ex040510199700,

(b) butteroil in containers of at least 190 kilograms net weight falling under product code ex ex040590109000,

intended for export to the following destinations:

— Russia (destination code 075),

— all other destinations except Andorra, Cyprus, Estonia, Gibraltar, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Czech Republic, the United States of America and Vatican City.

2. The tendering procedure is subject to the conditions set out in Regulation (EC) No 580/2004 and in this Regulation.

Article 2

1. Tenders may only be lodged during tendering periods and shall be valid only for the tendering period in which they are lodged.

Tenders shall be submitted separately for one of the products and one of the destinations referred to in Article 1(1).

2. Each tendering period shall begin at 11:00 (Brussels time) on the first and third Wednesday of the month except the first Wednesday in August and the third Wednesday in December. If Wednesday is a public holiday, the period shall begin at 11:00 (Brussels time) on the following working day.

Each tendering period shall end at 11:00 (Brussels time) on the Wednesday following the second and the fourth Tuesday of the month, except on the second Wednesday in August and on the fourth Wednesday in December. If Wednesday is a public holiday the period shall end at 11:00 (Brussels time) on the previous working day.

3. Each tendering period shall be numbered in series starting with the first period provided for.

Article 3

1. Each tender shall concern a minimum quantity of at least 10 tonnes of butter or 18 tonnes of butteroil.

2. The tendering security shall be EUR 20 per 100 kilograms of butter and EUR 25 per 100 kilograms of butteroil.

The tendering security shall become the export licence security when a tender is accepted.

3. Tenders shall be submitted to the competent authorities of the Member States listed in the Annex.

Article 4

For the purpose of Article 4(2) of Regulation (EC) No 580/2004 Member States shall communicate separately the tenders in relation to the destinations indicated under the first and second indents of Article 1 of this Regulation.

Article 5

This Regulation shall enter into force on the first day of the month following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 26 March 2004. For the Commission Franz FISCHLER Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2) See page 58 of this Official Journal.

(3) OJ L 366, 24.12.1987, p. 1.