Commission Regulation (EC) No 934/2003 of 28 May 2003 opening an invitation to tender for the refund on common wheat exports to certain third countries
Date: 2003-05-28
Institutions: European Commission
Subjects: award of contract, common wheat, export, export refund, third country

L 133/42

EN

Official Journal of the European Union

29.5.2003

COMMISSION REGULATION (EC) No 934/2003

of 28 May 2003

opening an invitation to tender for the refund on common wheat exports to certain third
countries

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), and in particular Article 13(11) thereof,

Whereas:

Given the present market situation for cereals an invita-
tion to tender for the common wheat export refund
should be opened that conforms with Article 4 of
Commission Regulation (EC) No 1501/95 of 29 June
1995 laying down certain detailed rules for application
of Council Regulation (EEC) No 1766/92 covering the
granting of export refunds on cereals and the measures
to be taken in the event of disturbance in the cereals
sector (3), as last amended by Regulation (EC) No 1163/
2002 (4).

The tendering procedure rules to be followed when
export refunds are set are contained in Regulation (EC)
No 1501/95. Among these is a requirement to submit
an export licence application and lodge security. The rate
of this should be set.

A specific duration of validity needs to be set for the
licences issued following this invitation. This validity
should be appropriate to world market requirements for
the 2003/04 marketing year.

Under Article 4 of Regulation (EC) No 1501/95 an invita-

1.
tion to tender for the export refund is hereby opened.

2.
The invitation covers common wheat exports to any third
country except Bulgaria, Cyprus, the Czech Republic, Estonia,
Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia or
Slovenia.

The invitation shall be open until 27 May 2004. During
3.
that period weekly awards shall be made. Quantities and tender
submission dates for these shall be set out in the notice of invi-
tation.

Article 4(4) of Regulation (EC) No 1501/95 notwithstanding,
the time limit for submission of tenders for the first part-award
shall be 5 June 2003.

Article 2

Tenders shall not be valid if made for less than 1 000 tonnes.

Article 3

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

So that all parties are equally treated all licences issued
should have the same duration of validity.

Article 4

Satisfactory operation of export
tendering procedures
requires that a minimum quantity be set and also a time
limit and form of transmission for lodging of tenders
with the competent authority.

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 170, 29.6.2002, p. 46.

1.
Article 23(1) of Commission Regulation (EC) No 1291/
2000 (5) notwithstanding, export licences issued in line with
Article 8(1) of Regulation (EC) No 1501/95 shall
for the
purpose of determining their period of validity be considered
to have been issued on the day on which the tender is lodged.

2.
Export licences issued following the invitation opened by
this Regulation shall be valid from their date of issue as defined
in paragraph 1 until the end of the fourth month following.

Licences issued before 1 July 2003 may not however be used
until that date.

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

(1)

(2)

(3)

(4)

(5)

(6)

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Article 5

Article 6

Tenders lodged must reach the Commission through the inter-
mediary of the Member States within one and a half hours of
expiry of the weekly time limit for lodging them stated in the
notice of invitation. They must be transmitted in the form
specified in the Annex.

If no tenders are lodged Member States shall
Commission accordingly by the same time as indicated above.

inform the

The times set for lodging tenders shall be in Belgian time.

1.
On the basis of the tenders lodged the Commission shall
decide through the procedure indicated in Article 23(2) of
Regulation (EEC) No 1766/92:

— either to set a maximum export refund taking account of
the factors listed in Article 1 of Regulation (EC) No 1501/
95,

— or to take no further action.

If a maximum export refund is set awards shall be made

2.
to tenderers who offer the rate in question or a lower rate.

Article 7

This Regulation shall enter
into force on the third day
following 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, 28 May 2003.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Union

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ANNEX

Award of refund on common wheat exports to certain third countries

(Regulation (EC) No 934/2003)