CELEX: 31987R1373
Language: en
Date: 1987-05-20 00:00:00
Title: Commission Regulation (EEC) No 1373/87 of 19 May 1987 opening an invitation to tender for the refund for the export of bread-making wheat to countries of zones I, II a), III, IV, V, VI, VII, the German Democratic Republic and the Canary Islands

No L 130/ 14                             Official Journal of the European Communities                                 20 . 5. 87
                                     COMMISSION REGULATION (EEC) No 1373/87
                                                        of lb May 1987
                   opening an invitation to tender for the refund for the export of bread-making
                   wheat to countries of zones I, II a), III, IV, V, VI, VII, the German Democratic
                                               Republic and the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas, since the interested parties are already aware of
                                                                   the terms of the invitation, a derogation may be made
                                                                   from the provisions of Regulation (EEC) No 279/75 on
Having regard to the Treaty establishing the European              the period that must elapse between the date of publica­
Economic Community,                                                tion and the first closing date for the submission of
                                                                   tenders ;
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the               Whereas, in order to ensure the smooth operation of the
market in cereals ('), as last amended by Regulation (EEC)         tendering procedure, it is appropriate to prescribe a
No 1579/86 (2),                                                    minimum quantity to be tendered for and a time limit
                                                                   and form for the communication of tenders submitted to
                                                                   the competent authorities ;
Having regard to Council Regulation (EEC) No 2746/75
of 29 October 1975 laying down general rules for granting          Whereas the measures provided for in this Regulation are
export refunds on cereals and criteria for fixing the              in accordance with the opinion of the Management
amount of such refunds (3), and in particular Article 5            Committee for Cereals,
thereof,
Whereas, in view of the current situation on the cereals
market, an invitation should be opened in respect of               HAS ADOPTED THIS REGULATION :
bread-making wheat to tender for the export refund
provided for in Article 5 of Regulation (EEC) No
2746/75 ; whereas, in order to ensure supply, the invita­                                    Article 1
tion to tender for export should be limited to zones I,
II a), III, IV, V, VI, VII, the German Democratic Republic
and the Canary Islands ;                                           1 . Tenders shall be invited for the export refund
                                                                   provided for in Article 5 of Regulation (EEC) No 2746/75.
Whereas the purpose of the measure is such that refunds            2. The invitation to tender shall relate to bread-making
should be granted only on wheat of the quality required ;          wheat for export to the countries of zones I, II a), III, IV,
whereas the competent agency must make certain that                V, VI, VII, the German Democratic Republic and the
wheat exported is of this standard ;                               Canary Islands as defined in Annex I to Commission
                                                                   Regulation (EEC) No 11 24/77 (6).
Whereas the detailed procedural rules governing invita­
tions to tender are, as regards the fixing of the export           3 . The invitation shall remain open until 30 April
refund, in Commission Regulation (EEC) No 279/75 (4), as           1988 . During this period weekly awards shall be made, for
                                                                   which the quantities and the time limits for the submis­
amended by Regulation (EEC) No 2944/78 Q ; whereas                 sion of tenders shall be as prescribed in the notice of invi­
the commitments on the part of the tenderer include an             tation to tender.
obligation to lodge an application for an export licence ;
whereas compliance with this obligation may be ensured
by requiring tenderers to lodge a tendering security of 12
ECU per tonne when they submit their tenders ;                                               Article 2
Whereas, in order to ensure that all those concerned are           A tender shall be valid only if it related to an amount of
                                                                   not less than 1 000 tonnes .
treated equally, it is necessary to lay down that the period
of validity of the licences issued should be identical ;
whereas, however, a special period of validity should be
laid down for exports to the People's Republic of China ;                                    Article 3
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .                            The security referred to in Article 3 of Regulation (EEC)
h) OJ No L 139, 24. 5. 1986, p. 29.                                No 279/75 shall be 12 ECU per tonne .
(3) OJ No L 281 , 1 . 11 . 1975, p. 78 .
b) OJ No L 31 , 5. 2. 1975, p. 8.
n OJ No L 351 , 15. 12. 1978, p. 16.                               0 OJ No L 134, 28 . 5 . 1977, p. 53 .
 ---pagebreak--- 20 . 5. 87                              Official Journal of the European Communities                             No L 130/ 15
                           Article 4                               where the licence is used after the date given in space 19,
                                                                  it shall carry the obligation to export to the People's
                                                                  Republic of China.
1 . Notwithstanding Article 21 ( 1 ) of Commission
Regulation (EEC) No 3183/80 ('), export licences issued
under Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall,                                    Article 5
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 . Notwithstanding Article 5 of Regulation (EEC) No
                                                                  279/75, the Commission shall decide, under the proce­
                                                                  dure laid down in Article 26 of Regulation (EEC) No
2. Export licences issued in connection with the invita­          2727/75 :
tion to tender pursuant to this Regulation shall be valid
from their date of issue, as defined in paragraph 1 , until       — to fix a maximum export refund, taking account in
the end of the fourth month following that of issue.                   particular of the criteria laid down in Articles 2 and 3
                                                                       of Regulation (EEC) No 2746/75, or
However, for exports to the People's Republic of China,           — to make no award.
licences shall be valid from their date of issue as defined
in paragraph 1 until the end of the sixth month follo­            2. Where a maximum export refund is fixed, a contract
wing.                                                             shall be awarded to any tenderer whose tender indicates a
                                                                  rate of refund equal to or less than such maximum export
                                                                  refund.
3.     For the purposes of applying paragraph 2, licences
issued in connection with this invitation to tender shall
bear, in space 19, a statement of the last day of validity        3.     A refund awarded shall not be paid unless the
                                                                  bread-making wheat exported is of at least intervention
calculated in accordance with the provisions of the first
subparagraph of paragraph 2. They shall also bear, in             quality as defined in Annex II. The competent agency
space 18, a statement of the last day of validity calculated      shall have an analysis made by an approved body or
in accordance with the provisions of the second subpara­          company, of the landed goods.
graph of paragraph 2 ; for this purpose, one of the fol­
lowing statements shall be entered in space 1 8 :                 Sampling and analysis costs shall be met by the tenderer.
— En caso de exportación a la República Popular de                4. In the case where the quality does not conform to
     China, último día de validez :             , Reglamento      that defined in paragraph 3, the refund will be reduced by
     (CEE) n° 1373/87.                                            an amount of 10 ECU per tonne.
— Sidste gyldighedsdag ved udførsel til Den kinesiske
     Folkerepublik :        , forordning (EØF) nr. 1373/87.
                                                                                              Article 6
— Letzter Gültigkeitstag bei Ausfuhr in die Volksrepu­
     blik China :       , Verordnung (EWG) Nr. 1373/87.           Tenders submitted must reach the Commission through
— Σε περίπτωση εξαγωγής προς τη Λαϊκή Δημοκρα­                    the intermediary Member States, at the latest one and a
     τία της Κίνας, τελευταία ημέρα ισχύος :                 ,    half hours after expiry of the period for the weekly
     κανονισμός (EOK.) αριθ. 1373/87 .                            submission of tenders as specified in the notice of invita­
                                                                  tion to tender. They must be communicated in the form
— In case of export to the People's Republic of China,            indicated in the Annex I.
     last day of validity :         , Regulation (EEC) No
     1373/87.                                                     If no tenders are received, Member States shall inform the
                                                                  Commission of this within the time limit indicated in the
— En cas d exportation vers la République populaire de
     Chine, dernier jour de validité :            , règlement     preceding paragraph.
     (CEE) n0 1373/87.
— In caso di esportazione verso la Repubblica popolare                                        Article 7
     di Cina, ultimo giorno di validità :         regolamento
     (CEE) n. 1373/87.
                                                                  The time limits fixed for the submission of tenders shall
— In geval van uitvoer naar de Volksrepubliek China,              correspond to Belgian time.
     laatste geldigheidsdag :        , Verordening (EEG) nr.
      1373 /87.
— Em caso de exportação para a Republica Popular da                                           Article 8
     China, último dia de validade :           , Regulamento
     (CEE) n? 1373/87.                                            This Regulation shall enter into force on the day fol­
                                                                   lowing its publication in the Official Journal of the
(') OJ No L 338 , 13. 12. 1980, p. 1 .                             European Communities.
 ---pagebreak--- No L 130/ 16                          Official Journal of the European Communities                                 20 . 5 . 87
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 19 May 1987.
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
                                                          ANNEX I
              Weekly tender for the refund for the export of bread-making wheat to countries of zones I,
                 II a), III, IV, V, VI, VII, the German Democratic Republic and the Canary Islands
                                    (Closing date for the submission of tenders (date/time))
                           1                 2                                     3
                       Number             Quantity                     Amount of export refund
                     of tenderer         in tonnes                        in ECU per tonne
                          1                           I
                          2
                                    II
                          3
                                    \I
                         etc.
                                                      I
                                                          ANNEX II
           Common wheat is considered as bread-making wheat when :
           A. Common wheat shall be deemed to meet the necessary technical and physical requirements if the dough
              obtained from the wheat does not stick during the mechanical kneading process and if it has the fol­
              lowing properties :
              — Zeleny index of at least 20,
              — Hagberg falling number of at least 220, including the preparation (agitation) time of 60 seconds,
              — protein content of at least 10,5 % ;
           B. or
              — W of at least 130,
              — Hagberg falling number of at least 220, including the preparation (agitation) time of 60 seconds,
              — protein content of at least 10,5 % .