Commission Regulation (EC) No 115/2005 of 26 January 2005 opening an invitation to tender for the refund on common wheat exports to certain third countries
Date: 2005-01-26
Institutions: European Commission
Subjects: award of contract, common wheat, export refund, third country

27.1.2005

EN

Official Journal of the European Union

L 24/3

COMMISSION REGULATION (EC) No 115/2005

of 26 January 2005

opening an invitation to tender for the refund on common wheat 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
Community,

establishing the European

Having regard to Council Regulation (EC) No 1784/2003 of 29
September 2003 on the common organisation of the market in
cereals (1), and in particular the first subparagraph of Article
13(3) thereof,

Whereas:

Given the present market situation for cereals, an invi-
tation to tender for the export refund on common wheat
should be opened in accordance with Article 4 of
Commission Regulation (EC) No 1501/95 of 29 June
1995 laying down certain detailed rules for the appli-
cation 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 (2).

The tendering procedure rules to be followed for estab-
lishing export refunds are laid down in Regulation (EC)
No 1501/95. The requirements under that procedure
include an obligation to submit an application for an
export
licence and lodge a security. The rate of that
security should be established.

A specific period of validity must be set for the licences
issued under this invitation to tender. That validity period
should
commensurate with world market
requirements for the 2004/2005 marketing year.

be

To ensure that all parties are treated equally, all licences
issued should have the same period of validity.

(1)

(2)

(3)

(4)

(5)

(6)

HAS ADOPTED THIS REGULATION:

Article 1

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

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

2.
The invitation to tender covers common wheat for expor-
tation to third countries with the exception of Albania, Bulgaria,
Croatia, Bosnia and Herzegovina, Serbia and Montenegro (3),
Liechtenstein, Romania and Switzerland.

3.
The invitation to tender shall be open until 23 June 2005.
During that period, weekly awards shall be made. The quantities
and dates for submitting tenders shall be set out in the notice of
invitation to tender.

By way of derogation from Article 4(4) of Regulation (EC) No
1501/95, the time limit for submitting tenders for the first
partial invitation to tender shall be 3 February 2005.

Article 2

Tenders shall be valid only if they cover a quantity of at least
1 000 tonnes.

Article 3

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

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

Article 4

The satisfactory operation of tendering procedures for
exports requires that a minimum quantity be set, and
that
transmission for
tenders lodged with the competent authority be estab-
lished.

the time limit and means of

By way of derogation from Article 23(1) of Commission
1.
Regulation (EC) No 1291/2000 (4), export
licences issued in
accordance with 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.

(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regu-

lation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

(3) Including Kosovo, as defined in UN Security Council Resolution

1244 of 10 June 1999.
(4) OJ L 152, 24.6.2000, p. 1.

L 24/4

EN

Official Journal of the European Union

27.1.2005

Export

licences issued under

the invitation to tender
2.
provided for in this Regulation shall be valid from their date
of issue within the meaning of paragraph 1 until the end of the
fourth month thereafter.

inform the
If no tenders are lodged, Member States shall
Commission within the time limit referred to in the first
paragraph.

Article 5

The times set for the submission of tenders shall correspond to
Belgian time.

shall

send the Commission the

tenders
Member States
submitted within one-and-a-half hours of
the
weekly time limit for lodging tenders, as laid down in the
notice of invitation to tender, using the form set out in the
Annex.

the expiry of

Article 6

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, 26 January 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

27.1.2005

EN

Official Journal of the European Union

L 24/5

ANNEX

Form (*)

AWARD OF THE REFUND ON COMMON WHEAT EXPORTS TO CERTAIN THIRD COUNTRIES

(Regulation (EC) No 115/2005)

(Time limit for submission of tenders)

1

Numbering of tenderers

2

Quantity
(tonnes)

3

Export refund rate
(EUR/tonne)

1

2

3

etc.

E-mail address for sending the information: agri-c1-revente-marche-eu@cec.eu.int

(*) Please send to DG AGRI-C.1.