CELEX: 31995R0544
Language: en
Date: 1995-03-10 00:00:00
Title: COMMISSION REGULATION (EC) No 544/95 of 10 March 1995 opening an invitation to tender for the refund for the export of rye to all third countries

No L 55/24          fEN                 Official Journal of the European. Goiiimunitics                             11 . 3 . 95
                                     COMMISSION REGULATION (EC) No 544/95
                                                      of 10 March 1995
                 opening an invitation to tender (or the refund for the export of rye 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 the Act of Acces­
sion of Austria, Finland and Sweden,                                                       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)
granting export rules under Council Regulation (EEC) No           No 1533/93 .
1766/92 on the granting of exports on cereals and the
measures to be taken in the event of disturbance on the           2. The tendering procedure shall concern rye for
market for cereals (2), as last amended by Commission             export to all third countries.
Regulation (EC) No 3304/94 (3), 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
market, an invitation should be opened in respect of rye          invitation to tender.
to tender for the export refund provided for in Article 5
of Regulation (EEC) No 1533/93 ;
                                                                                            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 1533/93 ;               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 (4), export licences issued
                                                                  under Article 9 (1 ) of Regulation (EEC) No 1533/93 shall,
Whereas, in order to ensure that all those concerned are          for the purpose of determining their period of validity, be
treated equally, it is necessary to lay down that the period      deemed to have been issued on the day on which the
of validity of the licences issued should be identical ;          tender was submitted.
Whereas, in order to ensure the smooth operation of the           2. Subject to the provisions of Article 1 of Commission
tendering procedure, it is appropriate to prescribe a             Regulation (EC) No 1521 /94 (^ export licences issued in
minimum quantity to be tendered for and a time limit              connection with the invitation to tender pursuant to this
and form for the communication of tenders submitted to            Regulation shall be valid from their date of issue, as
the competent authorities ;                                       defined in paragraph 1 , until the end of the fourth month
                                                                  following that of issue.
0 OJ No L 181 , 1 . 7. 1992, p. 21 .
(2) OJ No L 151 , 23. 6. 1993, p. 15.                             (4) OJ No L 331 , 2. 12. 1988, p. 1 .
0 OJ No L 341 , 30. 12. 1994, p. 48.                              Is) OJ No L 162, 30. 6. 1994, p. 47.
 ---pagebreak---  11 . 3 . 95         I EN I            Official Journal of the European Communities                            No L 55/25
                           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, 10 March 1995.
                                                                          For the Commission
                                                                            Franz FISCHLER
                                                                      Member of the Commission
 ---pagebreak--- No L 55/26  EN                  Official Journal of the European Communities                                 11 . 3. 95
                                                       ANNEX I
                  Weekly tender for the refund for the export of rye to all third countries
                                              (Regulation (EC) No 544/95)
                               (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 (Attention : Messrs Thibault and Brus)) are :
           — telex :           22037 AGREC B
                               22070 AGREC B (Greek characters)
           — telefax :         — 295 01 32,
                               — 295 25 1 5,
                               — 296 10 97.