CELEX: 31990R1646
Language: en
Date: 1990-06-20 00:00:00
Title: Commission Regulation (EEC) No 1646/90 of 18 June 1990 opening an invitation to tender for the refund for the export of durum wheat to countries of zones I, II, III, IV, V, VI, VII and VIII and the Canary Islands

20 . 6 . 90                                 Official Journal of the European Communities                              No L 154/ 17
                                        COMMISSION REGULATION (EEC) No 1646/90
                                                           of 18 June 1990
                   opening an invitation to tender for the refund for the export of durum wheat to
                    countries of zones I, II, III, IV, V, VI , VII and VIII and the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            from the provisions of Regulation (EEC) No 279/75 on
                                                                       the period that must elapse between the date of publica­
                                                                       tion and the first closing date for the submission of
 Having regard to the Treaty establishing the European                tenders ;
 Economic Community,
                                                                      Whereas, in order to ensure the smooth operation of the
 Having regard to Council Regulation (EEC) No 2727/75                  tendering procedure, it is appropriate to prescribe a
of 29 October 1975 on the common organization of the                   minimum quantity to be tendered for and a time limit
 market in cereals ('), as last amended by Regulation (EEC)            and form for the communication of tenders submitted to
 No 1340/90 (2),                                                       the competent authorities ;
                                                                      Whereas the measures provided for in this Regulation are
 Having regard to Council Regulation (EEC) No 2746/75                  in accordance with the opinion of the Management
of 29 October 1975 laying down general rules for granting              Committee for Cereals,
export refunds on cereals and criteria for fixing the
amount of such refunds (3), and in particular Article 5
thereof,
                                                                       HAS ADOPTED THIS REGULATION :
Whereas, in view of the current situation on the cereals
market, an invitation should be opened in respect of
durum wheat to tender for the export refund provided for                                        Article 1
in Article 5 of Regulation (EEC) No 2746/75 ; whereas, in
order to ensure supply, the invitation to tender for export
should be limited to zones I, II, III, IV, V, VI, VII and              1 . Tenders shall be invited for the export refund
VIII and the Canary Islands ;                                         provided for in Article 5 of Regulation (EEC) No 2746/75.
                                                                      2.    The invitation to tender shall relate to durum wheat
Whereas the aim of the measure calls for the granting of              for export to the countries of zones I, II, III, IV, V, VI, VII
the refund in respect only of durum wheat meeting                     and VIII and the Canary Islands as defined in Annex I to
certain quality requirements which the competent agency               Commission Regulation (EEC) No 1 124/77 (*).
is to ensure are met |
                                                                      3 . The invitation shall remain open until 30 May 1991 .
Whereas the detailed procedural rules governing invita­
                                                                      During this period weekly awards shall be made, for
                                                                      which the quantities and the time limits for the submis­
tions to tender are, as regards the fixing of the export
refund, in Commission Regulation (EEC) No 279/75 (4), as              sion of tenders shall be as prescribed in the notice of invi­
                                                                      tation to tender.
last amended by Regulation (EEC) No 2788/86 (*);
whereas the commitments on the part of the tenderer
include an obligation to lodge an application for an                  By way of derogation from Article 1 (2) of Regulation
export licence ; whereas compliance with this obligation              (EEC) No 2 79/75, the timelimit for submission of tenders
may be ensured by requiring tenderers to lodge a tender­              under the first partial invitation to tender shall expire on
ing security of ECU 12 per tonne when they submit their               21 June 1990.
tenders ;
                                                                                                Article 2
Whereas, in order to ensure that all those concerned are
treated equally, it is necessary to lay down that the period          A tender shall be valid only if it related to an amount of
of validity of the licences issued should be identical ;              not less than 1 000 tonnes.
Whereas, since the interested parties are already aware of
the terms of the invitation, a derogation may be made                                           Article 3
(') OJ   No L 281 , 1 . 11 . 1975, p.  1.                             The security referred to in Article 3 of Regulation (EEC)
0   OJ   No L 134, 28 . 5. 1990, p.    1.                             No 279/75 shall be ECU 12 per tonne.
(3) OJ   No L 281 , 1 . 11 . 1975, p.  78 .
(4) OJ   No L 31 , 5 . 2. 1975, p. 8 .
0   OJ   No L 257, 10. 9. 1986, p.     32.                            (6) OJ No L 134, 28 . 5. 1977, p. 53 .
 ---pagebreak--- No L 154/ 18                            Official Journal of the European Communities                                20 . 6 . 90
                           Article 4                              — up to 8 % broken grains,
                                                                  — up to 5 % sprouted grains,
1 . Notwithstanding Article 21 (1 ) of Commission
Regulation (EEC) No 3719/88 ('), export licences issued           — a minimum specific weight of 76 kg/hi,
under Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall,        — a minimum Hagberg falling number of 180 .
for the purpose of determining their period of validity, be       To that end, the competent agency shall have an
deemed to have been issued on the day on which the
tender was submitted.                                             approved agency or company carry out an analysis of the
                                                                  goods loaded. Sampling and analysis costs shall be borne
2. Export licences issued in connection with the invita­          by the successful tenderer.
tion to tender pursuant to this Regulation shall be valid         4. Where the quality does not correspond to that
from their date of issue, as defined in paragraph 1 , until       defined in paragraph 3, the refund shall be reduced by
the end of the fourth month following that of issue.               ECU 50 per tonne.
                           Article 5                                                        Article 6
1 . Notwithstanding Article 5 of Regulation (EEC) No              Tenders submitted must reach the Commission through
279/75, the Commission shall decide, under the proce­              the intermediary Member States, at the latest one and a
dure laid down in Article 26 of Regulation (EEC) No               half hours after expiry of the period for the weekly
2727/75 :                                                         submission of tenders as specified in the notice of invita­
— to iix a maximum export refund, taking account in                tion to tender. They must be communicated in the form
     particular of the criteria laid down in Articles 2 and 3      indicated in the Annex.
     of Regulation (EEC) No 2746/75, or                            If no tenders are received, Member States shall inform the
— to make no award.                                                Commission of this within the time limit indicated in the
                                                                   preceding paragraph .
2.     Where a maximum export refund is fixed, a contract
shall be awarded to any tenderer whose tender indicates a                                   Article 7
rate of refund equal to or less than such maximum export
refund.                                                           The time limits fixed for the submission of tenders shall
3. A refund may only be granted where the quality of               correspond to Belgian time.
the durum wheat exported is at least equal to the quality
                                                                                            Article 8
defined in Article 2 (2) of Commission Regulation (EEC)
No 1569/77 (2), with the following exceptions :                   This Regulation shall enter into force on the day
— up to 14 % maximum which is not basic cereals of                 following its publication in the Official Journal of the
     unimpaired quality,                                           European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 18 June 1990 .
                                                                             For the Commission
                                                                              Ray MAC SHARRY
                                                                        Member of the Commission
 (') OJ No L 331 , 2. 12. 1988, p. 1 .
 (2) OJ No L 174, 14. 7. 1977, p. 15.
 ---pagebreak--- 20. 6 . 90                     Official Journal of the European Communities                             No L 154/ 19
                                                        ANNEX
           Weekly tender for the refund for the export of durum wheat to countries of zones I, II, III,
                                IV, V, VI, VII and VIII and the Canary Islands
                                             (Regulation (EEC) No 000/90)
                              (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.