CELEX: 31995R2604
Language: en
Date: 1995-11-08 00:00:00
Title: COMMISSION REGULATION (EC) No 2604/95 of 8 November 1995 amending Regulation (EC) No 1088/95 opening an invitation to tender for the refund for the export of common wheat to all third countries

9. 11 . 95            I EN I              Official Journal of the European Communities                               No L 267/21
                                         COMMISSION REGULATION (EC) No 2604/95
                                                        of 8 November 1995
                     amending Regulation (EC) No 1088/95 opening an invitation to tender for the
                              refund for the export of common wheat to all third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          2. Article 1 (1 ) shall be replaced by the following :
 Having regard to the Treaty establishing the European                   ' 1 . Tenders either for the export refund or for the
 Community,                                                              export tax provided for in Article 4 of Commission
                                                                         Regulation (EC) No 1501 /95O shall be invited.
 Having regard to Council Regulation (EEC) No 1766/92
 of 30 June 1992 on the common organization of the                       0 OJ No L 147, 30. 6. 1995, p. 7. ;
 market in cereals ('), as last amended by Regulation (EC)
 No 1 863/95 (2),                                                    3. Article 3 shall be replaced by the following :
                                                                           A
                                                                           ' rticle 3
 Having regard to Commission Regulation (EC) No
 1501 /95 of 29 June 1995 laying down certain detailed                   The security referred to in Article 5 of Regulation (EC)
rules for the application of Council Regulation (EEC) No                 No 1501 /95 shall be ECU 12 per tonne.';
 1766/92 on the granting of export refunds on cereals and
the measures to be taken in the event of disturbance on              4. Article 4 (1 ) shall be replaced by the following :
the market for cereals (3), as amended by Regulation (EC)
No 2480/95 (4), and in particular Article 4 thereof,                     ' 1 . Notwithstanding Article 21 (1 ) of Commission
                                                                         Regulation (EEC) No 3719/88 , export licences issued
                                                                         pursuant to Article 8 (1 ) of Regulation (EC) No
Whereas the detailed procedural rules governing invita­                   1501 /95 shall, for the purpose of determining their
tions to tender were, at the time of publication of                      period of validity, by deemed to have been issued on
Commission Regulation (EC) No 1088/95 (*) as regards                     the day on which the tender was submitted.' ;
the fixing of an export refund, laid down in Commission
Regulation (EEC) No 1533/93 (% as amended by Regula­                 5. Article 5 shall ber replaced by the following :
tion (EC) No 1501 /95 ; whereas Regulation (EEC) No
 1533/93 has been replaced by Regulation (EC) No                          'Article 5
 1501 /95 which contains detailed procedural rules gover­
ning invitations to tender both as regards the fixing of an              1 . The Commission shall decide, pursuant to the
export refund and an export tax ; whereas it is necessary                procedure laid down in Article 23 of Regulation (EEC)
                                                                         No 1766/92 :
to amend Regulation (EC) No 1088/95 to take account of
such changes ;                                                           — to fix a maximum export refund, taking account in
                                                                               particular of the criteria laid down in Article 1 of
Whereas the measures provided for in this Regulation are                       Regulation (EC) No 1501 /95, or
in accordance with the opinion of the Management
Committee for Cereals,                                                   — to fix a minimum export tax, taking into account
                                                                               in particular the criteria laid down in Article 1 of
                                                                               Regulation (EC) No 1501 /95, or
                                                                         — to make no award.
HAS ADOPTED THIS REGULATION :
                                                                         2. Where a maximum export refund is fixed, a
                                                                         contract shall be awarded to any tenderer whose tender
                              Article 1                                  indicates a rate of refund equal to or less than such
                                                                         maximum export refund.
Regulation (EC) No 1088/95 is hereby amended as                          3 . Where a minimum export tax is fixed, a contract
follows :                                                                shall be awarded to any tenderer whose tender indi­
                                                                         cates a rate of tax equal to or more than such
1 . the title shall be replaced by the following :                       minimum export tax.' ;
    'opening an invitation to tender for the refund or the           6. Annex I shall be replaced by the Annex to this Regula­
    tax for the export of common wheat to all third coun­                tion .
    tries' :
(') OJ No L 181 , 1 . 7. 1992, p. 21 .                                                           Article 2
I1) OJ No L 179, 29. 7. 1995, p. 1 .
(3) OJ  No   L 147,   30. 6. 1995, p. 7.                             This Regulation shall enter into force on the day
(4) OJ  No   L 256,   26. 10. 1 995, p. 9.
0   OJ  No   L 109,   16. 5. 1995, p. 13.                            following its publication in the Official Journal of the
 6  OJ  No   L 151 ,  23. 6. 1993, p. 15.                            European Communities.
 ---pagebreak--- No L 267/22   [EN              Official Journal of the European Communities                        9 . 11 . 95
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 8 November 1995.
                                                                   For the Commission
                                                                     Franz FISCHLER
                                                               Member of the Commission
 ---pagebreak--- 9 . II . 95   TEN                Official Journal of the European Communities                             No L 267/23
                                                        ANNEX
                                                       ANNEX I
            Weekly tender for the refund or the tax for the export of common wheat to all third countries
                                             (Regulation (EC) No 1088/95)
                                (Closing date for the submission of tenders (date/time))
                      1                        2                                     3
                                                                         A                     B
                Number of                  Quantity                 Amount of
                                                                                          Amount of
                  tenderer                in tonnes                                      export refund
                                                                export tax in ECUs          in ECUs
                                                                     per tonne
                                                                                           per tonne
                      1
                      2
                     3
                    etc.'