CELEX: 31996R1383
Language: en
Date: 1996-07-17 00:00:00
Title: COMMISSION REGULATION (EC) No 1383/96 of 17 July 1996 opening an invitation to tender for the refund or the tax for the export of common wheat to Ceuta, Melilla and certain ACP States

18 . 7. 96             EN               Official Journal of the European Communities                              No L 179/ 17
                                           COMMISSION REGULATION (EC) No 1383/96
                                                            of 17 July 1996
                       opening an invitation to tender for the refund or the tax for the export of
                                     common wheat to Ceuta, Melilla and certain ACP States
    THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Whereas, in addition to the conditions laid down in
                                                                        Article 30 of Commission Regulation (EEC) No
    Having regard to the Treaty establishing the European               3719/88 (*), as last amended by Regulation (EC) No
    Community,                                                          2137/95 (% provision should be made for the release for
                                                                        consumption in Ceuta, Melilla or the ACP State(s) laid
    Having regard to Council Regulation (EEC) No 1766/92                down in the Regulation;
    of 30 June 1992 on the common organization of the
    market in cereals ('), as last amended by Commission                Whereas the measures provided for in this Regulation are
    Regulation (EC) No 923/96 (2),                                      in accordance with the opinion of the Management
                                                                        Committee for Cereals,
    Having regard to Commission Regulation (EC) No
    1501 /95 of 29 June 1995 laying down certain detailed
   rules for the application of Council Regulation (EEC) No             HAS ADOPTED THIS REGULATION:
    1 766/92 on the granting of export refunds on cereals and
   the measures to be taken in the event of disturbance on
   the market for cereals (3), as last amended by Regulation                                      Article 1
   (EC) No 95/96 (4), and in particular Article 4 thereof,
                                                                        1 . Tenders shall be invited for the export refund or
   Whereas, with a view to supplying the markets of the                 export tax concerning common wheat, as provided for in
   ACP countries, favoured partners of the Community, and              Article 4 of Regulation (EC) No 1501 /95.
   the markets of Ceuta and Melilla, significant quantities of
   common wheat are required; whereas these markets are                2.     The common wheat must be exported to Ceuta,
  usually supplied on the basis of regular contracts to                Melilla, to an ACP State or to several States within one of
   ensure stable prices for Ceuta, Melilla and the ACP coun­           the groups of ACP States listed in Annex I.
  tries over a certain period; whereas it is therefore neces­
  sary to issue a specific invitation to tender to ensure that         3.     The invitation shall remain open until 5 September
  users in Ceuta, Melilla and certain ACP States have access           1996. During this period weekly awards shall be made, for
  to common wheat under conditions appropriate to the                  which the quantities and the time limits for the submis­
  highly competitive situation on the world market;                    sion of tenders shall be as prescribed in the notice of invi­
                                                                       tation to tender.
  Whereas the detailed procedural rules governing invita­
  tions to tender are as regards the fixing of the export                                        Article 2
  refund, or export tax in Regulation (EC) No 1501 /95;
  whereas the commitments on the part of the tenderer                 A tender shall be valid only if it relates to an amount of
  include an obligation to lodge an application for an                not less than 500 tonnes for Ceuta and Melilla, or not less
  export licence; whereas compliance with this obligation             than 1 000 tonnes for the ACP States listed in Annex I.
  may be ensured by requiring tenderers to lodge a
 tendering security of ECU 12 per tonne when they
 submit their tenders;                                                                           Article 3
 Whereas, in order to ensure the smooth operation of the              The security referred to in Article 5 (3a) of Regulation
 export tendering procedure it is appropriate to prescribe a          (EC) No 1501 /95 shall be ECU 12 per tonne.
 minimum quantity to be tendered for and a time limit
 and form for the communication of tenders submitted to                                          Article 4
 the competent authorities;
                                                                      1.     Tenders shall only be admissible if:
 Whereas provision should be made for a security lodg­
 ment scheme which ensures that the aims are met while                — the tenderer provides written proof from an official
 avoiding excessive costs for the operators; whereas deroga­               body in Ceuta, Melilla or in the ACP country of
 tions should accordingly be made to certain rules, in                     destination or a company having its overseas subsi­
 particular those laid down in Regulation (EC) No                          diary in Ceuta, Melilla or the said country, that he has
 1501 /95;                                                                 concluded for the quantity in question a commercial
                                                                           supply contract for common wheat for export to
                                                                           Ceuta, Melilla, to an ACP State or to several States
(')   OJ  No  L 181 , 1 . 7. 1992, p. 21 .
0     OJ  No  L 126, 24. 5. 1996, p. 37.
0     OJ  No  L 147, 30. 6. 1995, p. 7.                              0 OJ No L 331 , 2. 12. 1988, p. 1 .
(*)   OJ  No  L 18, 24. 1 . 1996, p. 10.                             (<) OJ No L 214, 8 . 9. 1995, p. 21 .
 ---pagebreak---    No L 179/ 18       F en I            Official Journal of the European Communities                                    18 . 7. 96
      within one of the groups of ACP states listed in             Regulation (EC) No 1501 /95 shall, for the purpose of
      Annex I. That contract may cover only those                  determining their period of validity, be deemed to have
      deliveries to be made during the period July 1996 to         been issued on the day on which the tender was
      November 1996 for quantities traditionally supplied;         submitted.
      such proof shall be lodged with the competent
      authorities at least two working days before the date of     2. Subject to the provisions of Article 1 of Commission
      the partial invitation to tender against which the           Regulation (EC) No 1521 /94 (2) export licences issued in
      tender is to be submitted,                                   connection with the invitations to tender pursuant to this
                                                                   Regulation shall be valid from their date of issue, as
  — they are accompanied by an application for an export           defined in paragraph 1 , until the end of the fourth month
      licence for the destination in question .                    following that of issue.
  The proof provided for in the first indent shall also
  indicate the quality provided for in the contract, the time                                  Article 8
  limit for delivery and the price terms.
  The Member State shall send the Commission a copy of             1 . The Commission shall decide, pursuant to the
  the said proof forthwith, for information.                       procedures laid down in Article 23 of Regulation (EEC)
                                                                   No 1766/92:
  2. Tenders may not exceed the quantity laid down in
  the commercial contract submitted. The tenderers may            — to fix a maximum export refund, taking account in
  not submit simultaneously several bids on the basis of the            particular of the criteria laid down in Article 1 of
  same contract.                                                        Regulation (EC) No 1501 /95, or
 When transmitting the tenders submitted, the Member              — to fix a minimum export tax, taking into account in
 States shall inform the Commission of the above,                       particular the criteria laid down in Article 1 of Regula­
 mentioning if necessary the names of the tenderers                     tion (EC) No 1501 /95, or
 involved.                                                        — to make no award.
                             Article 5                            2. Where a maximum export refund is fixed, a contract
                                                                  shall be awarded to any tenderer whose tender indicates a
  1.    The licence obliges the operator to export to Ceuta,      rate of refund equal to or less than such maximum export
 Melilla or the ACP State or States for which the licence         refund .
 application was submitted. However, for ACP States and
 up to a limit of 30 % of the quantity for which the              3 . Where a minimum export tax is fixed, a contract
 licence was issued, the operator may effect his contract at      shall be awarded to any tenderer whose tender indicates a
 another destination on condition that it belongs to the          rate of tax equal to or more than such minimum export
 same group of countries listed in Annex I.                       tax .
 2.     The export licences shall be issued as soon as the
 successful tenderers have been selected.                                                      Article 9
 3 . Article 9 of Regulation (EEC) No 3719/88 notwith­            Tenders submitted must reach the Commission through
 standing, the rights deriving from the licence referred to       the intermediary Member States, at the latest one and a
 in this Article shall not be transferable.
                                                                  half hours after expiry of the period for the weekly
                                                                  submission of tenders as specified in the notice of invita­
                            Article 6                             tion to tender. They must be communicated in the form
                                                                  indicated in Annex II, to the telex or fax numbers in
The obligation to export and import into Ceuta, Melilla or        Annex III .
 one of the countries of destination listed in Annex I shall
be covered by a security amounting to ECU 20 per tonne,           If no tenders are received, Member States shall inform the
lodged upon issue of the export licence.                          Commission of this within the time limit indicated in the
Article 13 of Regulation (EC) No 1501 /95 notwith­                preceding paragraph.
standing, the amount of ECU 20 per tonne must be
released within 1 5 working days of the date on which the                                     Article 10
successful tenderer supplies proof of entry for consump­
tion into Ceuta, Melilla or the ACP State or States referred     The time limits fixed for the submission of tenders shall
to in Article 1 (2). This proof shall be supplied in             correspond to Belgian time.
accordance with Articles 1 8 and 47 of Commission Regu­
lation (EEC) No 3665/87 (').
                                                                                              Article 11
                            Article 7
                                                                 This Regulation shall enter into force on the day
1 . Notwithstanding Article 21 (1 ) of Regulation (EEC)          following its publication in the Official Journal of the
No 3719/88, export licences issued under Article 8 ( 1 ) of      European Communities.
(') OJ No L 351 , 14. 12. 1987, p. 1 .                           (2) OJ No L 162, 30. 6. 1994, p. 47.
 ---pagebreak--- 18 . 7 . 96          EN             Official Journal of the European Communities                        No L 179/ 19
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 17 July 1996.
                                                                        For the Commission
                                                                          Franz FISCHLER
                                                                      Member of the Commission
                                                        ANNEX I
                              Groups of ACP States signatories to the Lome Convention
                          Group I                        Group II                       Group III
            Mauritania                       Chad                            Seychelles
            Mali                             Central African Republic        Comoros
            Niger                            Benin                           Madagascar
            Senegal                          Cameroon                        Mauritius
            Burkina Faso                     Equatorial Guinea               Angola
            Gambia                           São Tomé and Principe           Zambia
            Guinea-Bissau                    Gabon                           Malawi
            Guinea                           Congo                           Mozambique
            Cape Verde                       Zaire                           Namibia
            Sierra Leone                     Rwanda                          Botswana
            Liberia                          Burundi                         Zimbabwe
            Côte d'Ivoire                                                    Lesotho
            Ghana                                                            Swaziland
            Togo
 ---pagebreak--- No L 179/20   fENl               Official Journal of the European Communities                            18 . 7. 96
                                                       ANNEX II
            Weekly tender for the refund or the tax for the export of common wheat to Ceuta, Melilla
                                               and certain ACP-States
                                             (Regulation (EC) No 1383/96)
                                Closing date for the submission of tenders (date/time)
                         1                     2                                   3
                                                                       A                       B
                     Number                 Quantity
                   of tenderer             in tonnes                 Amount                 Amount
                                                                  of export tax         of export refund
                                                               in ECU per tonne        in ECU per tonne
                        1
                        2
                        3
                      etc.
                                                     ANNEX III
            The only numbers to use to call Brussels (DG VI-C-1 ) are:
            — telex:           — 22037 AGREC B,
                               — 22070 AGREC B (Greek characters);
            — fax:             — 295 25 15,
                               — 296 49 56 .