Commission Regulation (EC) No 899/2002 of 30 May 2002 opening an invitation to tender for the refund for the export of common wheat to all third countries except Poland, Estonia, Lithuania and Latvia
Date: 2002-05-30
Institutions: European Commission
Subjects: award of contract, export, export restriction, third country, wheat

31.5.2002

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Official Journal of the European Communities

L 142/11

COMMISSION REGULATION (EC) No 899/2002

of 30 May 2002

opening an invitation to tender for the refund for the export of common wheat to all third
countries except Poland, Estonia, Lithuania and Latvia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in
cereals (1), as last amended by Regulation (EC) No 1666/
2000 (2),

Having regard to Commission Regulation (EC) No 1501/95 of
29 June 1995 laying down certain detailed rules for the
application of Council Regulation (EEC) No 1766/92 on the
granting of export refunds on cereals and the measures to be
taken in the event of disturbance on the market for cereals (3),
as last amended by Regulation (EC) No 602/2001 (4), and in
particular Article 4 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

In view of the current situation on the cereals market, an
invitation should be opened,
in respect of common
wheat to tender for the export refund provided for in
Article 4 of Regulation (EC) No 1501/95.

The detailed procedural rules governing invitations to
tender as regards the fixing of the export refund, are laid
down in Regulation (EC) No 1501/95. The commit-
ments on the part of the tenderer include an obligation
to lodge an application for an export licence. Compli-
ance with this obligation may be ensured by requiring
tenderers to lodge a tendering security of EUR 12/t
when they submit their tenders.

It is necessary to provide for a specific period of validity
for licences issued under that invitation to tender. That
period of validity must meet the needs of the world
market for the 2002/03 marketing year.

In order to ensure that all those concerned are treated
equally, it is necessary to lay down that the period of
validity of the licences issued should be identical.

In order to ensure the smooth operation of the export
tendering procedure it
is appropriate to prescribe a
minimum quantity to be tendered for and a time limit
and form for the communication of tenders submitted
to the competent authorities.

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Cereals,

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 147, 30.6.1995, p. 7.
(4) OJ L 89, 29.3.2001, p. 16.

Tenders shall be invited for the export refund provided

1.
for in Article 4 of Regulation (EC) No 1501/95.

2.
The tendering procedure shall concern common wheat
for export to all third countries except Poland, Estonia, Lithu-
ania and Latvia.

3.
The invitation shall remain open until 22 May 2003.
During this period weekly awards shall be made, for which the
quantities and the time limits for the submission of tenders
shall be as prescribed in the notice of invitation to tender.

Notwithstanding Article 4(4) of Regulation (EC) No 1501/95,
the time limit for the submission of tenders for the first partial
invitation to tender shall be 6 June 2002.

Article 2

A tender shall be valid only if it relates to an amount of not
less than 1 000 tonnes.

Article 3

The security referred to in Article 5(3a) of Regulation (EC) No
1501/95 shall be EUR 12/t.

Article 4

1.
Notwithstanding Article 23(1) of Commission Regulation
(EC) No 1291/2000, laying down common detailed rules for
the application of the system of import and export licences and
advance fixing certificates for agricultural products (5), export
licences issued under Article 8(1) of Regulation (EC) No 1501/
95 shall,
for the purpose of determining their period of
validity, be deemed to have been issued on the day on which
the tender was submitted.

2.
Export licences issued in connection with the invitations
to tender pursuant to this Regulation shall be valid from their
date of issue, as defined in paragraph 1, until the end of the
fourth month following that of issue.

Article 5

The Commission shall decide, pursuant to the procedure

1.
laid down in Article 23 of Regulation (EEC) No 1766/92:

(5) OJ L 152, 24.6.2000, p. 1.

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— to fix a maximum export refund, taking account in partic-
ular of the criteria laid down in Article 1 of Regulation (EC)
No 1501/95,

— to make no award.

2. Where a maximum export refund is fixed, the contract
shall be awarded to the tenderer or tenderers whose bids are
equal to or lower than the maximum refund.

communicated in the form indicated in Annex I, to the telex or
fax numbers in Annex II.

If no tenders are received, Member States shall
inform the
Commission of this within the time limit indicated in the
preceding paragraph.

Article 7

Article 6

The time limits fixed for the submission of
correspond to Belgian time.

tenders shall

Tenders submitted must reach the Commission through the
intermediary Member States, at the latest one and a half hours
after expiry of the period for the weekly submission of tenders
as specified in the notice of invitation to tender. They must be

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 May 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

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ANNEX I

Weekly tender for the refund for the export of common wheat to all third countries except Poland, Estonia,
Lithuania and Latvia

(Regulation (EC) No 899/2002)

ANNEX II

The only numbers to use to call Brussels (DG AGRI-C-1) are:

— fax

(32-2) 296 49 56,
(32-2) 295 25 15.