CELEX: 31996R1146
Language: en
Date: 1996-06-25
Title: COMMISSION REGULATION (EC) No 1146/96 of 25 June 1996 opening an invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland or Sweden to all third countries

26. 6 . 96             EN               Official Journal of the European Communities                              No L 151 /23
                                           COMMISSION REGULATION (EC) No 1146/96
                                                            of 25 June 1996
                      opening an invitation to tender for the refund for the export of oats produced in
                          Finland and Sweden for export from Finland or Sweden to all third countries
    THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           whereas, in order to ensure the smooth operation of the
                                                                         tendering procedure, it is appropriate to prescribe a
    Having regard to the Treaty establishing the European                minimum quantity to be tendered for and a time limit
    Community,                                                           and form for the communication of tenders submitted to
                                                                         the competent authorities;
    Having regard to the Act of Accession of Austria, Finland
    and Sweden to the European Community, and in parti­                  Whereas the measures provided for in this Regulation are
    cular Article 149 thereof,                                           in accordance with the opinion of the Management
                                                                         Committee for Cereals,
    Having regard to Council Regulation (EEC) No 1766/92
    of 30 June 1992 on the common organization of the
    market in cereals ('), as last amended by Commission                 HAS ADOPTED THIS REGULATION:
    Regulation (EC) No 923/96 (2), and in particular Article 13
   thereof,
                                                                                                  Article 1
   Having regard to Commission Regulation (EC) No
    1501 /95 of 29 June 1995 laying down certain detailed                1 . Tenders shall be invited for the export refund as
   rules for the application of Council Regulation (EEC) No             provided for in Article 4 of Regulation (EC) No 1501 /95.
    1766/92 on the granting of export refunds on cereals and
   the measures to be taken in the event of disturbance on              2. The tendering procedure shall concern oats
   the market for cereals (3), as last amended by Regulation            produced in Finland and Sweden for export from Finland
   (EC) No 95/96 (4), and in particular Article 4 thereof,              or Sweden to all third countries .
  Whereas the change in the support regime in relation to               3.    The invitation shall remain open until 29 May 1997.
  cereals on the accession of Finland and Sweden to the                 During this period weekly awards shall be made, for
   European Community has made necessary transitional                   which the quantities and the time limits for the submis­
  measures allowing export refunds to be paid on oats                   sion of tenders shall be as prescribed in the notice of invi­
                                                                        tation to tender.
  produced in Finland and Sweden, which are exported
  from those Member States, in order to enable a continua­
  tion of the traditional practice of exporting oats; whereas
                                                                                                  Article 2
  an invitation to tender should be opened to tender for
  such refunds, in accordance with Article 4 of Regulation
  (EC) No 1501 /95;                                                    A tender shall be valid only if:
                                                                       (a) the oats to which the tender refers were produced in
 Whereas the detailed procedural rules governing invita­                    Finland and Sweden;
  tions to tender are set out in Regulation (EC) No 1501 /95;
 whereas the commitments on the part of the tenderer                   (b) it is accompanied by an undertaking by the tenderer
 include an obligation to lodge an application for an                       to export the oats from Finland or Sweden;
 export licence; whereas compliance with this obligation               (c) it relates to an amount of not less than 1 000 tonnes;
 may be ensured by requiring tenderers to lodge a ten­                      and
 dering security of ECU 12 per tonne when they submit
 their tenders;                                                        (d) it is lodged with the Finnish or Swedish intervention
                                                                            agency, as the case may be .
 Whereas it is necessary to specify the exact duration of
 validity of the licences issued under this tendering pro­             Where the undertaking referred to in subparagraph (b) is
 cedure; whereas the period of validity must correspond to             not fulfilled, the security referred to in Article 12 of
 the current requirements of the world market;                         Commission Regulation (EEC) No 891 /89 (*) shall be
                                                                      forfeited except in cases of force majeure.
Whereas, in order to ensure that all those concerned are
 treated equally, it is necessary to lay down that the period                                    Article 3
of validity of the licences issued should be identical;
                                                                      The security referred to in Article 5 of Regulation (EC)
(')   OJ  No  L 181 , 1 . 7. 1992, p. 21 .                            No 1501 /95 shall be ECU 12 per tonne.
(2)   OJ  No  L 126, 24. 5. 1996, p. 37.
Q)    OJ  No  L 147, 30. 6. 1995, p. 7.
(4)   OJ  No  L 18, 24. 1 . 1996, p. 10.                              (0 OJ No L 94, 7. 4. 1989, p. 13.
 ---pagebreak---    No L 151 /24         EN              Official Journal of the European Communities                                26. 6. 96
                            Article 4                                                      Article 6
   1.   Notwithstanding Article 21 ( 1 ) of Commission
  Regulation (EEC) No 3719/88 ('), export licences issued         Tenders shall be communicated to the Commission by
  under Article 8 (1 ) of Regulation (EC) No 1501 /95 shall,      Member States, at the latest one and a half hours after
  for the purpose of determining their period of validity, be     expiry of the period for the weekly submission of tenders
  deemed to have been issued on the day on which the              as specified in the notice of invitation to tender. They
  tender was submitted .                                          must be communicated in the form indicated in Annex I,
                                                                  to the telex or fax numbers in Annex II .
  2. Subject to the provisions of Article 1 of Commission
  Regulation (EC) No 1521 /94 (2) export licences issued in       If no tenders are received, Member States shall inform the
  connection with the invitation to tender pursuant to this
                                                                  Commission of this within the time limit indicated in the
  Regulation shall be valid from their date of issue, as
  defined in paragraph 1 , until the end of the fourth month      preceding paragraph.
  following that of issue .
                            Article 5                                                      Article 7
  1 . The Commission shall decide, under the procedure
  laid down in Article 23 of Regulation (EEC) No 1766/92:         The time limits fixed for the submission of tenders shall
 — to fix a maximum export refund, taking account in              correspond to Belgian time .
      particular of the criteria laid down in Article 1 of
      Regulation (EC) No 1501 /95, or
 — to make no award .                                                                      Article 8
 2. Where a maximum export refund is fixed, a contract
 shall be awarded to any tenderer whose tender indicates a        This Regulation shall enter into force on the day
 rate of refund equal to or less than such maximum export         following its publication in the Official Journal of the
 refund.                                                          European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 25 June 1996.
                                                                           For the Commission
                                                                             Franz FISCHLER
                                                                       Member of the Commission
(') OJ No L 331 , 2. 12. 198S, p. 1 .
 2 OJ No L 162, 30. 6. 1994, p. 47.
 ---pagebreak--- 26. 6 . 96     EN               Official Journal of the European Communities                  No L 151 /25
                                                      ANNEX I
                   Weekly tender tor the refund for the export of oats to all third countries
                                            (Regulation (EC) No 1146/96)
                              (Closing date for the submission of tenders (date/time))
                       1              2                                      3
                   Number          Quantity                      Amount of export refund
                  of tender       in tonnes                          in ecu per tonne
                      1
                      2
                      3
                    etc.
                                                     ANNEX II
           The only numbers to use to call Brussels (DG VI-C-1 , External Market) are:
           — telex:          — 22037 AGREC B,
                             — 22070 AGREC B (Greek characters);
           — fax:            — 295 25 15,
                             — 296 49 56 .