Commission Regulation (EC) No 935/2003 of 28 May 2003 opening an invitation to tender for the refund on rye exports to certain third countries
Date: 2003-05-29
Institutions: European Commission
Subjects: award of contract, export, export refund, rye, third country

29.5.2003

EN

Official Journal of the European Union

L 133/45

COMMISSION REGULATION (EC) No 935/2003

of 28 May 2003

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(7)

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

Having regard to the Treaty establishing the European
Community,

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,

HAS ADOPTED THIS REGULATION:

Article 1

Whereas:

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

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

(1)

(2)

(3)

(4)

(5)

(6)

Given the present market situation for cereals an invita-
tion to tender for the export refund on rye 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.

The invitation covers rye exports to any third country
2.
except Albania, Armenia, Azerbaijan, Belarus, Bosnia and
Herzegovina, Bulgaria, Croatia, Cyprus, the Czech Republic,
Estonia, the Faeroe Islands, Georgia, Hungary, Iceland, Kazakh-
stan, Kyrgyzstan,
Lithuania, Malta,
Moldova, Norway, Poland, Romania, Russia, Serbia and Monte-
negro, Slovakia, Slovenia, Switzerland, Tajikistan, Turkmeni-
stan, Ukraine and Uzbekistan.

Liechtenstein,

Latvia,

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.

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.

Article 2

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

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

Article 3

To forestall reimportation refunds should be awarded
only for exportation to third countries outside Europe.

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

(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.

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

Article 4

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

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

L 133/46

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Official Journal of the European Union

29.5.2003

Export licences issued following the invitation opened by
2.
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.

Article 5

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 within the same time limit.

inform the

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

Article 6

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

L 133/47

ANNEX

Weekly award of refund on rye exports to certain third countries

(Regulation (EC) No 935/2003)