CELEX: 31995R1091
Language: en
Date: 1995-05-15 00:00:00
Title: COMMISSION REGULATION (EC) No 1091/95 of 15 May 1995 opening an invitation to tender for the refund for the export of rye to all third countries

No L 109/22           I EN I              Official Journal of the European Communities                                 16. 5. 95
                                           COMMISSION REGULATION (EC) No 1091/95
                                                            of 15 May 1995
                      opening an invitation to tender for the refund for the export of rye to all 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 organization of the                     1 . Tenders shall be invited for the export refund
   market in cereals ('), as last amended by the Act of Acces­          provided for in Article 5 of Regulation (EEC)
                                                                        No 1533/93 .
  sion of Austria, Finland and Sweden and Regulation (EC)
   No 3290/94 (2), and in particular Article 5 thereof,
                                                                        2.    The tendering procedure shall concern rye for
   Having regard to Commission Regulation (EEC) No                      export to all third countries.
   1533/93 of 22 June 1993 laying down certain detailed
  rules under Council Regulation (EEC) No 1766/92 on the                3. The invitation shall remain open until 30 May 1996.
  granting of export refunds, on cereals and the measures to            During this period weekly awards shall be made, for
  be taken in the event of disturbance on the market for                which the quantities and the time limits for the submis­
  cereals (3), as last amended by Commission Regulation                 sion of tenders shall be as prescribed in the notice of
  (EC) No 3304/94 (4), and in particular Article 5 (2) thereof,         invitation to tender.
  Whereas, in view of the current situation on the cereals
  market, an invitation should be opened in respect of rye
                                                                                                Article 2
  to tender for the export refund provided for in Article 5
  of Regulation (EEC) No 1533/93 ;
                                                                       A tender shall be valid only if it relates to an amount of
  Whereas the detailed procedural rules governing invita­               not less than 1 000 tonnes.
  tions to tender are, as regards the fixing of the export
  refund, in Regulation (EEC) No 1533/93 ; whereas the
  commitments on the part of the tenderer include an obli­                                      Article 3
 gation 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               The security referred to in Article 6 of Regulation (EEC)
  ECU 12 per tonne when they submit their tenders ;                    No 1533/93 shall be ECU 12 per tonne.
 Whereas it is necessary to specify the exact duration of
 validity of the licences issued under this tendering pro­                                      Article 4
 cedure ; whereas the period of validity must correspond to
 the current requirements of the world market ;
                                                                       1 . Notwithstanding Article 21 (1 ) of Commission
                                                                       Regulation (EEC) No 3719/88 (^ export licences issued
 Whereas, in order to ensure that all those concerned are              under Article 9 (1) of Regulation (EEC) No 1533/93 shall,
 treated equally, it is necessary to lay down that the period          for the purpose of determining their period of validity, be
 of validity of the licences issued should be identical ;              deemed to have been issued on the day on which the
                                                                       tender was submitted.
 Whereas, in order to ensure the smooth operation of the
 tendering procedure, it is appropriate to prescribe a                2. Subject to the provisions of Article 1 of Commission
 minimum quantity to be tendered for and a time limit
 and form for the communication of tenders submitted to               Regulation (EC) No 1521 /94 (6) export licences issued in
 the competent authorities ;
                                                                      connection with the invitation to tender pursuant to this
                                                                      Regulation shall be valid from their date of issue, as
                                                                      defined in paragraph 1 , until the end of the fourth month
Whereas the measures provided for in this Regulation are              following that of issue.
in accordance with the opinion of the Management
Committee for Cereals,
                                                                      Licences issued before 1 July 1995, however, may only be
                                                                      used from that date.
(•)  OJ No    L 181 , 1 . 7. 1992, p. 21 .
0    OJ No    L 349,  31 . 12. 1994, p. 105.
(3)  OJ No    L 151 , 23. 6. 1993, p. 15.                             0 OJ No L 331 , 2. 12. 1988, p. 1 .
(4)  OJ No    L 341 , 30. 12. 1994, p. 48 .                           (6) OJ No L 162, 30. 6. 1994, p. 47.
 ---pagebreak---  16. 5. 95            EN              Official Journal of the European Communities                          No L 109/23
                          Article 5                             half hours after expiry of the period for the weekly
                                                                submission of tenders as specified in the notice of invita­
 1.   The Commission shall decide, pursuant to the              tion to tender. They must be communicated in the form
procedure laid down in Article 23 of Regulation (EEC)           indicated in Annex I, to the telex or telefax numbers in
No 1766/92 :                                                    Annex II .
— to fix a maximum export refund, taking account in             If no tenders are received, Member States shall inform the
     particular of the criteria laid down in Article 2 of       Commission of this within the time limit indicated in the
     Regulation (EEC) No 1533/93, or                            preceding paragraph.
— to make no award.
                                                                                         Article 7
2. Where a maximum export refund is fixed, a contract
shall be awarded to any tenderer whose tender indicates a       The time limits fixed for the submission of tenders shall
rate of refund equal to or less than such maximum export        correspond to Belgian time.
refund.
                                                                                         Article 8
                          Article 6
                                                                This Regulation shall enter into force on the day
Tenders submitted must reach the Commission through             following its publication in the Official Journal of the
the intermediary Member States, at the latest one and a         European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 15 May 1995.
                                                                         For the Commission
                                                                           Franz FISCHLER
                                                                     Member of the Commission
 ---pagebreak--- No L 109/24   ["ENl              Official Journal of the European Communities                 16. 5. 95
                                                       ANNEX I
                    Weekly tender for the refund for the export of rye to all third countries
                                             (Regulation (EC) No 1091 /95)
                               (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
                       2
                       3
                      etc.
                                                      ANNEX II
            The only numbers to use to call Brussels (DG VI-C-1 ) are :
            — telex :         22037 AGREC B,
                              22070 AGREC B (Greek characters);
            — telefax :       — 295 25 15,
                              — 296 49 56.