CELEX: 31999R1707
Language: en
Date: 1999-07-30 00:00:00
Title: Commission Regulation (EC) No 1707/1999 of 30 July 1999 opening an invitation to tender for the refund or the tax for the export of common wheat to all third countries

31. 7. 1999            EN                      Official Journal of the European Communities                                       L 201/55
                                         COMMISSION REGULATION (EC) No 1707/1999
                                                             of 30 July 1999
               opening an invitation to tender for the refund or the tax for the export of common wheat to all
                                                              third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                               (6)     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,
                                                                          HAS ADOPTED THIS REGULATION:
Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in
cereals (1), as last amended by Regulation (EC) No 1253/                                                 Article 1
1999 (2),
                                                                          1.     Tenders shall be invited for the export refund and/or
                                                                          export tax provided for in Article 4 of Regulation (EC) No
Having regard to Commission Regulation (EC) No 1501/95 of                 1501/95.
29 June 1995 laying down certain detailed rules for the
application of Council Regulation (EEC) No 1766/92 on the                 2.     The tendering procedure shall concern common wheat
granting of export refunds on cereals and the measures to be              for export to all third countries.
taken in the event of disturbance on the market for cereals (3),
as last amended by Regulation (EC) No 2513/98 (4), and in                 3.     The invitation shall remain open until 25 May 2000.
particular Article 4 thereof,                                             During this period weekly awards shall be made, for which the
                                                                          quantities and the time limits for the submission of tenders
                                                                          shall be as prescribed in the notice of invitation to tender.
(1)     Whereas, in view of the current situation on the cereals
        market, an invitation should be opened, in respect of
        common wheat to tender for the export refund or tax                                              Article 2
        provided for in Article 4 of Regulation (EC) No 1501/
        95;                                                               A tender shall be valid only if it relates to an amount of not
                                                                          less than 1 000 tonnes.
(2)     Whereas the detailed procedural rules governing invita-
        tions to tender are as regards the fixing of the export                                         Article 3
        refund, or export tax in Regulation (EC) No 1501/95;
        whereas the commitments on the part of the tenderer               The security referred to in Article 5(3a) of Regulation (EC) No
        include an obligation to lodge an application for an              1501/95 shall be EUR 12 per tonne.
        export licence; whereas compliance with this obligation
        may be ensured by requiring tenderers to lodge a
        tendering security of euro 12 per tonne when they                                                Article 4
        submit their tenders;
                                                                          1.     Notwithstanding Article 21(1) of Commission Regulation
                                                                          (EEC) No 3719/88 (5), laying down common detailed rules for
(3)     Whereas it is necessary to provide for a specific period          the application of the system of import and export licences and
        of validity for licences issued under that invitation to          advance. Fixing certificates for agricultural products; export
        tender; whereas that period of validity must meet the             licences issued under Article 8(1) of Regulation (EC) No 1501/
        needs of the world market for the 1999/2000 marketing             95 shall, for the purpose of determining their period of
        year;                                                             validity, be deemed to have been issued on the day on which
                                                                          the tender was submitted.
(4)     Whereas, in order to ensure that all those concerned are          2.     Export licences issued in connection with the invitations
        treated equally, it is necessary to lay down that the             to tender pursuant to this Regulation shall be valid from their
        period of validity of the licences issued should be iden-         date of issue, as defined in paragraph 1, until the end of the
        tical;                                                            fourth month following that of issue.
(5)     Whereas, in order to ensure the smooth operation of the                                          Article 5
        export tendering procedure it is appropriate to prescribe
        a minimum quantity to be tendered for and a time limit            1.     The Commission shall decide, pursuant to the procedure
        and form for the communication of tenders submitted               laid down in Article 23 of Regulation (EEC) No 1766/92:
        to the competent authorities;                                     — to fix a maximum export refund, taking account in partic-
                                                                              ular of the criteria laid down in Article 1 of Regulation (EC)
(1) OJ L  181, 1.7.1992, p. 21.                                               No 1501/95, or
(2) OJ L  160, 26.6.1999, p. 18.
(3) OJ L  147, 30.6.1995, p. 7.
(4) OJ L  313, 21.11.1998, p. 16.                                         (5) OJ L 331, 2.12.1988, p. 1.
 ---pagebreak--- L 201/56              EN                     Official Journal of the European Communities                                     31. 7. 1999
— to fix a minimum export tax, taking into account in partic-           as specified in the notice of invitation to tender. They must be
    ular the criteria laid down in Article 1 of Regulation (EC)         communicated in the form indicated in Annex I, to the telex or
    No 1501/95, or                                                      fax numbers in Annex II.
— to make no award.
                                                                        If no tenders are received, Member States shall inform the
2.    Where a maximum export refund is fixed, the contract              Commission of this within the time limit indicated in the
shall be awarded to the tenderer or tenderers whose bids are            preceding paragraph.
equal to or lower than the maximum refund, as well as to the
tenderer or tenderers whose bid relates to an export tax.
                                                                                                    Article 7
3.    Where a minimum export tax is fixed, a contract shall be
awarded to any tenderer whose tender indicates a rate of tax            The time limits fixed for the submission of tenders shall corre-
equal to or more than such minimum export tax.                          spond to Belgian time.
                             Article 6
                                                                                                    Article 8
Tenders submitted must reach the Commission through the
intermediary Member States, at the latest one and a half hours          This Regulation shall enter into force on the day following its
after expiry of the period for the weekly submission of tenders         publication in the Official Journal of the European Communities.
                     This Regulation shall be binding in its entirety and directly applicable in all Member States.
                     Done at Brussels, 30 July 1999.
                                                                                     For the Commission
                                                                                       Franz FISCHLER
                                                                                 Member of the Commission
 ---pagebreak--- 31. 7. 1999          EN                      Official Journal of the European Communities                                         L 201/57
                                                                   ANNEX I
                      Weekly tender for the refund or the tax for the export of barley to all third countries
                                                       [Regulation (EC) No 0000/1999]
                                          (Closing date for the submission of tenders (date/time))
                         1                              2                                            3
                                                                                     A                            B
                  Number of tenderer            Quantity in tonnes      Amount of export tax in EUR/   Amount of export refund in
                                                                                   tonne                      EUR/tonne
                         1
                         2
                         3
                        etc.
                                                                   ANNEX II
            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.