CELEX: 31994R1166
Language: en
Date: 1994-05-24 00:00:00
Title: COMMISSION REGULATION (EC) No 1166/94 of 24 May 1994 opening an invitation to tender for the refund for the export of common wheat to all third countries

25. 5 . 94                            Official Journal of the European Communities                             No L 130/ 15
                                       COMMISSION REGULATION (EC) No 1166/94
                                                        of 24 May 1994
                   opening an invitation to tender for the refund for the export of common wheat
                                                     to all third countries
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas the measures provided for in this Regulation are
                                                                    in accordance with the opinion of the Management
                                                                    Committee for Cereals,
  Having regard to the Treaty establishing the European
  Community,
  Having regard to Council Regulation (EEC) No 1766/92              HAS ADOPTED THIS REGULATION :
  of 30 June 1992 on the common organization of the
  market in cereals ('), as last amended by Regulation (EEC)
  No 2193/93 (2),                                                                            Article 1
  Having regard to Council Regulation (EEC) No 1533/93              1 . Tenders shall be invited for the export refund
  of 22 June 1993 laying down certain detailed rules for            provided for in Article 5 of Regulation (EEC) 1533/93.
 granting export rules under Council Regulation (EEC) No
  1766/92 on the granting of exports on cereals and the             2. The tendering procedure shall concern common
  measures to be taken in the event of disturbance on the
                                                                   wheat for export to all third countries.
  market for cereals (3), as amended by Commission Regula­
  tion (EC) No 120/94 (4), and in particular Article 5 (2)
  thereof,
                                                                   3. The invitation shall remain open until 18 May 1995.
                                                                    During this period weekly awards shall be made, for
                                                                   which the quantities and the time limits for the submis­
 Whereas, in view of the current situation on the cereals          sion of tenders shall be as prescribed in the notice of invi­
 market, an invitation should be opened in respect of              tation to tender.
 common wheat to tender for the export refund provided
 for in Article 5 of Regulation (EEC) No 1 533/93 ;
                                                                                             Article 2
 Whereas the detailed procedural rules governing invita­
 tions to tender are, as regards the fixing of the export          A tender shall be valid only if it relates to an amount of
 refund, in Commission Regulation (EEC) No 1 533/93 ;              not less than 1 000 tonnes.
 whereas the commitments on the part of the tenderer
 include an obligation to lodge an application for an
 export licence ; whereas compliance with this obligation                                    Article 3
 may be ensured by requiring tenderers to lodge a ten­
 dering security of ECU 12 per tonne when they submit              The security referred to in Article 6 of Regulation (EEC)
 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 Q, 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            2. Export licences issued in connection with the invita­
tendering procedure, it is appropriate to prescribe a              tion to tender pursuant to this Regulation shall be valid
minimum quantity to be tendered for and a time limit               from their date of issue, as defined in paragraph 1 , until
and form for the communication of tenders submitted to
                                                                   the end of the fourth month following that of issue.
the competent authorities ;
                                                                   Licences issued before 1 July 1994, however, may only be
(') OJ No L 181 , 1 . 7. 1992, p. 21 .                             used from that date.
(2) OJ No L 196, 5. 8 . 1993, p. 22.
j3) OJ No L 151 , 23. 6. 1993, p. 15.
(4) OJ No L 21 , 26. 1 . 1994, p. 1 .                             0 OJ No L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak---  No L 130/ 16                          Official Journal of the European Communities                                25. 5. 94
                          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, under the procedure            tion to tender. They must be communicated in the form
laid down in Article 23 of Regulation (EEC) No 1766/92 :         indicated in Annex I, to the telex or telefax numbers in
                                                                 Annex II .
— to fix a maximum export refund, taking account in
     particular of the criteria laid down in Articles 2 of       If no tenders are received, Member States shall inform the
     Regulation (EEC) No 1533/93, or                             Commission of this within the time limit indicated in the
— to make no award .                                             preceding paragraph.
2. Where a maximum export refund is fixed, a contract                                     Article 7
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
refund.                                                          correspond to Belgian time.
                                                                                          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, 24 May 1994.
                                                                          For the Commission
                                                                            Rene STEICHEN
                                                                      Member of the Commission
 ---pagebreak--- 25. 5. 94                       Official Journal of the European Communities                                No L 130/ 17
                                                       ANNEX I
           Weekly tender for the refund for the export of common wheat to all third countries
                                             (Regulation (EC) No 1166/94)
                              (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 (Attention : Messrs Thibault and Brus)) are :
          — telex :           22037 AGREC B
                              22070 AGREC B (Greek characters)
          — telefax :         — 295 01 32,
                              — 295 25 15,
                              — 296 10 97.