Commission Regulation (EC) No 1059/2005 of 6 July 2005 opening an invitation to tender for the refund on common wheat exports to certain third countries
Date: 2005-07-06
Institutions: European Commission
Subjects: award of contract, common wheat, export refund

7.7.2005

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1059/2005

of 6 July 2005

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

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 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

(7)

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

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 destinations with the exception of Albania, Bulgaria,
Croatia, Bosnia and Herzegovina, Serbia and Montenegro (3), the
former Yugoslav Republic of Macedonia, Liechtenstein, Romania
and Switzerland.

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
licence and lodge a security. The rate of that
export
security should be established.

3.
The invitation to tender shall be open until 22 June 2006.
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.

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 2005/06 marketing year.

be

Notwithstanding Article 4(4) of Regulation (EC) No 1501/95,
the time limit for submitting tenders for the first partial invi-
tation to tender shall be 14 July 2005.

Article 2

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

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

In order to prevent re-imports, the exports under this
invitation to tender should be limited to certain third
countries.

Article 3

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

(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 by UN Security Council Resolution

1244 of 10 June 1999.

(1)

(2)

(3)

(4)

(5)

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Article 4

1.
Notwithstanding Article 23(1) of Commission Regulation
(EC) No 1291/2000 (1), 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.

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.

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

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.

Article 5

Member States shall electronically send the Commission the
tenders submitted within one-and-a-half hours of the expiry

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

Article 6

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 July 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1741/2004 (OJ L 311, 8.10.2004, p. 17).

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ANNEX

Form (*)

Weekly Award of the refund on common wheat exports to certain third countries

(Regulation (EC) No 1059/2005)

(Time limit for submission of tenders)

1

2

3

Numbering of tenderers

Quantity (tonnes)

Export refund rate (EUR/tonne)

1

2

3

etc.

(*) To be sent to DG AGRI (Unit D.2).