CELEX: 31995R1090
Language: en
Date: 1995-05-15 00:00:00
Title: COMMISSION REGULATION (EC) No 1090/95 of 15 May 1995 opening an invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland or Sweden to all third countries

16. 5. 95            EN                Official Journal of the European Communities                            No L 109/ 19
                                       COMMISSION REGULATION (EC) No 1090/95
                                                        of 15 May 1995
                    opening an invitation to tender for the refund for the export of oats produced in
                      Finland and Sweden for export from Finland or Sweden to all third countries
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        whereas, in order to ensure the smooth operation of the
                                                                    tendering procedure, it is appropriate to prescribe a
 Having regard to the Treaty establishing the European             minimum quantity to be tendered for and a time limit
 Community,                                                        and form for the communication of tenders submitted to
                                                                   the competent authorities ;
 Having regard to the Act of Accession of Norway, Austria,
 Finland and Sweden to the European Union, and in parti­           Whereas the measures provided for in this Regulation are
 cular Article 149 thereof,                                        in accordance with the opinion of the Management
                                                                   Committee for Cereals.
 Having regard to Council Regulation (EEC) No 1766/92
 of 30 June 1992 on the common organization of the
 market in cereals (l), as last amended by the Act of Acces­       HAS ADOPTED THIS REGULATION :
 sion of Austria, Finland and Sweden and Regulation (EC)
 No 3290/94 (2), and in particular Article 13 thereof,
                                                                                             Article 1
 Whereas Commission Regulation (EEC) No 1 533/93 (3),
 as last amended by Regulation (EC) No 3304/94 (4) lays             1 . Tenders shall be invited for the export refund as
 down certain detailed rules for granting export refunds           provided for in Article 5 of Regulation (EEC) No 1533/93.
 under Regulation (EEC) No 1766/92 ; whereas Article 5
 provides that export refunds on the products listed in            2. The tendering procedure shall concern oats
 Article 1 (1 ) (a) and (b) of Regulation (EEC) No 1766/92         produced in Finland and Sweden for export from Finland
 may be fixed by invitation to tender ;                            or Sweden to all third countries .
 Whereas the change in the support regime in relation to           3.     The invitation shall remain open until 30 May 1996.
 cereals on the accession of Finland and Sweden to the             During this period weekly awards shall be made, for
 European Union has made necessary transitional                    which the quantities and the time limits for the submis­
 measures allowing export refunds to be paid on oats               sion of tenders shall be as prescribed in the notice of invi­
 produced in Finland and Sweden, which are exported                tation to tender.
 from those Member States, in order to enable a continua­
 tion of the traditional practice of exporting oats ; whereas
                                                                                             Article 2
 an invitation to tender should be opened to tender for
 such refunds, in accordance with Article 5 of Regulation
 (EEC) No 1533/93 ;                                                A tender shall be valid only if :
                                                                   (a) the oats to which the tender refers were produced in
Whereas the detailed procedural rules governing invita­                 Finland and Sweden ;
 tions to tender are set out in Regulation (EEC) No
 1 533/93 ; whereas the commitments on the part of the             (b) it is accompanied by an undertaking by the tenderer
 tenderer include an obligation to lodge an application for            to export the oats from Finland or Sweden ;
an export licence ; whereas compliance with this obliga­           (c) it relates to an amount of not less than 1 000 tonnes ;
tion may be ensured by requiring tenderers to lodge a                  and
tendering security of ECU 12 per tonne when they
submit their tenders ;                                             (d) it is lodged with the Finnish or Swedish intervention
                                                                       agency, as the case may be.
Whereas it is necessary to specify the exact duration of
validity of the licences issued under this tendering proce­        Where the undertaking referred to in subparagraph (b) is
dure ; whereas the period of validity must correspond to           not fulfilled, the security referred to in Article 12 of
the current requirements of the world market ;                     Commission Regulation (EEC) No 891 /89 (J) shall be
                                                                   forfeited except in cases of force majeure.
Whereas, in order to ensure that all those concerned are
treated equally, it is necessary to lay down that the period                                 Article 3
of validity of the licences issued should be identical ;
                                                                   The security referred to in Article 6 of Regulation (EEC)
(>) OJ No L 181 , 1 . 7. 1992, p. 21 .                             No 1533/93 shall be ECU 12 per tonne.
0 OJ No L 349, 31 . 12. 1994, p. 105.
PS OT No L 151 . 23. 6. 1993. p. 15.
(4) OJ No L 341 , 30. 12. 1994, p. 48 .                            0 OJ No L 94, 7. 4. 1989, p. 13.
 ---pagebreak---   No L 109/20        I EN I            Official Journal of the European Communities                                16 . 5. 95
                           Article 4                             rate of refund equal to or less than such maximum export
                                                                 refund.
  1 . Notwithstanding Article 21 (1) of Commission
  Regulation (EEC) No 3719/88 ('), export licences issued
 under Article 9 (1 ) of Regulation (EEC) No 1533/93 shall,                               Article 6
  for the purpose of determining their period of validity, be
 deemed to have been issued on the day on which the              Tenders shall be communicated to the Commission by
 tender was submitted.
                                                                 Member States, at the latest one and a half hours after
 2. Subject to the provisions of Article 1 of Commission         expiry of the period for the weekly submission of tenders
 Regulation (EC) No 1521 /94 (2) export licences issued in       as specified in the notice of invitation to tender. They
 connection with the invitation to tender pursuant to this       must be communicated in the form indicated in Annex I,
                                                                 to the telex or telefax numbers in Annex II.
 Regulation shall be valid from their date of issue, as
 defined in paragraph 1 , until the end of the fourth month
 following that of issue.                                        If no tenders are received, Member States shall inform the
                                                                 Commission of this within the time limit indicated in the
 Licences isued before 1 July 1995, however, may only be         preceding paragraph.
 used from that date .
                           Article 5                                                      Article 7
 1 . The Commission shall decide, under the procedure            The time limits fixed for the submission of tenders shall
 laid down in Article 23 of Regulation (EEC) No 1766/92 :        correspond to Belgian time.
 — to fix a maximum export refund, taking account in
      particular of the criteria laid down in Article 2 of
      Regulation (EEC) No 1533/93, or                                                     Article 8
 — to make no award .
                                                                 This Regulation shall enter into force on the day
 2.     Where a maximum export refund is fixed, a contract       following its publication in the Official Journal of the
 shall be awarded to any tenderer whose tender indicates 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
(') OJ No L 331 , 2. 12. 1988, p. 1 .
M OJ No L 162, 30. 6. 1994, p. 47.
 ---pagebreak--- 16. 5. 95     EN               Official Journal of the European Communities                 No L 109/21
                                                     ANNEX I
                 Weekly tender for the refund for the export of oats to all third countries
                                           (Regulation (EC) No 1090/95)
                             (Closing date for the submission of tenders (date/time))
                     1                2                                    3
                 Number           Quantity                      Amount of export refund
                of tender        in tonnes                          in ecu per tonne
                    1
                    2
                    3
                   etc.
                                                    ANNEX II
          The only numbers to use to call Brussels (DG VI-C-1 , External Market) are :
          — telex :         22037 AGREC B,
                            22070 AGREC B (Greek characters);
          — telefax :       295 2515,
                            296 49 56.