CELEX: 31992R1343
Language: en
Date: 1992-05-27 00:00:00
Title: Commission Regulation (EEC) No 1343/92 of 26 May 1992 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

No L 145/22                                Official Journal of the European Communities                                    27. 5. 92
                                      COMMISSION REGULATION (EEC) No 1343/92
                                                           of 26 May 1992
                  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
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 674/92 0,                                                          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 ;                                                                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 as defined in Annex I to Commission Regula­
certain quality requirements which the competent agency               tion (EEC) No 11 24/77 (6).
is to ensure are met ;
                                                                      3. The invitation shall remain open until 27 May 1993.
                                                                      During this period weekly awards shall be made, for
Whereas the detailed procedural rules governing invita­
                                                                      which the quantities and the time limits for the submis­
tions to tender are, as regards the fixing of the export
                                                                      sion of tenders shall be as prescribed in the notice of invi­
refund, in Commission Regulation (EEC) No 279/75 (4), as              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 279/75, the time-limit for submission of
may be ensured by requiring tenderers to lodge a tende­               tenders under the first partial invitation to tender shall
ring security of ECU 12 per tonne when they submit                    expire on 4 June 1992.
their 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)
(2) OJ No  L  73, 19. 3. 1992, p. 7.                                  No 279/75 shall be ECU 12 per tonne.
(3) OJ No  L  281 , 1 . 11 . 1975, p. 78 .
0   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--- 27. 5 . 92                              Official Journal of the European Communities                           No L 145/23
                           Article 4                              — up to 14 % maximum which is not basic cereals of
                                                                       unimpaired quality,
1.    Notwithstanding Article 21 (1 ) of Commission               —    up to 8 % broken grains,
Regulation (EEC) No 3719/88 ('), export licences issued           —    up to 5 % sprouted grains,
under Article 8 (1) of Regulation (EEC) No 279/75 shall,          —    a minimum specific weight of 76 kg/hi,
for the purpose of determining their period of validity, be
deemed to have been issued on the day on which the                —    a minimum Hagberg falling number of 180.
tender was submitted.
                                                                  To that end, the competent agency shall have an
                                                                  approved agency or company carry out an analysis of the
2. Export licences issued in connection with the invita­          goods loaded. Sampling and analysis costs shall be borne
tion to tender pursuant to this Regulation shall be valid         by the successful tenderer.
from their date of issue, as defined in paragraph 1 , until
the end of the fourth month following that of issue.              4. Where the quality does not correspond to that
                                                                   defined in paragraph 3, the refund shall be reduced by
Licences issued before 1 July 1992, however, may only be           ECU 50 per tonne.
used from that date .
                                                                                            Article 6
                            Article 5                              Tenders submitted must reach the Commission through
                                                                   the intermediary Member States, at the latest one and a
 1 . Notwithstanding Article 5 of Regulation (EEC) No              half hours after expiry of the period for the weekly
279/75, the Commission shall decide, under the proce­              submission of tenders as specified in the notice of invita­
dure laid down in Article 26 of Regulation (EEC) No                tion to tender. They must be communicated in the form
2727/75 :                                                          indicated in Annex I, to the telephone, 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 and 3      If no tenders are received, Member States shall inform the
     of Regulation (EEC) No 2746/75, or                            Commission of this within the time limit indicated in the
                                                                   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
3. A refund may only be granted where the quality of
the durum wheat exported is at least equal to the quality          This Regulation shall enter into force on the day
defined in Article 2 (2) of Commission Regulation (EEC)            following its publication in the Official Journal of the
No 1 569/77 (2), with the following exceptions :                   European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 26 May 1992.
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
(') OJ No L 331 , 2. 12. 1988, p. 1 .
0 OJ No L 174, 14. 7. 1977, p. 15.
 ---pagebreak--- No L 145/24                      Official Journal of the European Communities                                 27. 5. 92
                                                        ANNEX I
            Weekly tender for the refund for the export of durum wheat to countries of zones I, II, III,
                                                 IV, V, VI, VII and VIII
                                              (Regulation (EEC) No 1343/92)
                                (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 :         — 235 01 32,
                                — 236 10 97,
                                — 236 20 05,
                                — 236 20 08 .