CELEX: 31996R2507
Language: en
Date: 1996-12-27
Title: COMMISSION REGULATION (EC) No 2507/96 of 27 December 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 Switzerland and Liechtenstein

No L 345/ 12           EN                 Official Journal of the European Communities                                 31 . 12. 96
                                          COMMISSION REGULATION (EC) No 2507/96
                                                        of 27 December 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 Switzerland and
                                                             Liechtenstein
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          cedure; whereas the period of validity must correspond to
                                                                       the current requirements of the world market;
  Having regard to the Treaty establishing the European
  Community,                                                           Whereas , in order to ensure that all those concerned are
  Having regard to the Act of Accession of Austria, Finland            treated equally, it is necessary to lay down that the period
  and Sweden to the European Community, and in parti­                  of validity of the licences issued should be identical;
  cular Article 149 thereof,
                                                                       Whereas, in order to ensure the smooth operation of the
  Having regard to Council Regulation (EEC) No 1766/92                 tendering procedure, it is appropriate to prescribe a
  of 30 June 1992 on the common organization of the                    minimum quantity to be tendered for and a time limit
  market in cereals ('), as last amended by Commission                 and form for the communication of tenders submitted to
  Regulation (EC) No 923 /96 (2), and in particular Article 13         the competent authorities;
  thereof,
                                                                       Whereas the measures provided for in this Regulation are
  Having regard to Commission Regulation (EC) No                       in accordance with the opinion of the Management
  1501 /95 of 29 June 1995 laying down certain detailed                Committee for Cereals,
 rules for the application of Council Regulation (EEC) No
  1766/92 on the granting of export refunds on cereals and
 the measures to be taken in the event of disturbance on               HAS ADOPTED THIS REGULATION :
 the market for cereals f), as last amended by Regulation
 (EC) No 95/96 (4), and in particular Article 4 thereof,
                                                                                                 Article 1
 Whereas the change in the support regime in relation to
 cereals on the accession of Finland and Sweden to the                 1 . Tenders shall be invited for the export refund as
 European Community has made necessary transitional                    provided for in Article 4 of Regulation (EC) No 1501 /95.
 measures allowing export refunds to be paid on oats
                                                                       2. The tendering procedure shall concern oats
 produced in Finland and Sweden, which are exported
 from those Member States, in order to enable a con­                   produced in Finland and Sweden for export from Finland
                                                                       or Sweden to Switzerland and Liechtenstein .
 tinuation of the traditional practice of exporting oats;
 whereas an invitation to tender should be opened to                   3 . The invitation shall remain open until 29 May 1997.
 tender for such refunds, in accordance with Article 4 of              During this period weekly awards shall be made , for
 Regulation (EC) No 1501 /95;                                          which the quantities and the time limits for the submis­
 Whereas Switzerland and Liechtenstein are traditional                 sion of tenders shall be as prescribed in the notice of
                                                                       invitation to tender.
 outlets for the oats produced in Finland and Sweden;
 whereas exports to these two destinations are effected
 under conditions that differ from exports to other third                                        Article 2
 countries; whereas, therefore , a distinction should be
 made between these two sets of destinations by opening a             A tender shall be valid only if:
 specific invitation to tender for export refunds on oats             (a) the oats to which the tender refers were produced in
 destined for Switzerland and Liechtenstein ;
                                                                           Finland and Sweden ;
Whereas the detailed procedural rules governing invita­               (b) it is accompanied by an undertaking by the tenderer
 tions to tender are set out in Regulation (EC) No 1501 /95;               to export the oats from Finland or Sweden to Switzer­
whereas the commitments on the part of the tenderer                        land or Liechtenstein ;
 include an obligation to lodge an application for an
export licence; whereas compliance with this obligation               (c) it relates to an amount of not less than 1 000 tonnes;
                                                                           and
 may be ensured by requiring tenderers to lodge a ten­
dering security of ECU 12 per tonne when they submit                  (d) it is lodged with the Finnish or Swedish intervention
their tenders;
                                                                           agency, as the case may be .
Whereas it is necessary to specify the exact duration of              Where the undertaking referred to in subparagraph (b) is
validity of the licences issued under this tendering pro­             not fulfilled, the security referred to in Article 10 of
                                                                      Commission Regulation (EC) No 11 62/95 (*) shall be
(')  OJ No  L  181 , 1 . 7. 1992, p. 21 .                             forfeited except in cases of force majeure.
(2)  OJ No  L  126, 24. 5. 1996, p. 37.
(■') OJ No  L  147, 30 . 6. 1995, p. 7.
(4   OJ No  L  18 , 24. 1 . 1996, p. 10 .                             (5) OJ No L 117, 24. 5. 1995, p. 2.
 ---pagebreak---  31 . 12 . 96          EN              Official Journal of the European Communities                           No L 345/ 13
                            Article 3                             — to make no award .
 The security referred to in Article 5 of Regulation (EC)         2. Where a maximum export refund is fixed, a contract
 No 1501 /95 shall be ECU 12 per tonne .                          shall be awarded to any tenderer whose tender indicates a
                                                                  rate of refund equal to or less than such maximum export
                                                                  refund .
                            Article 4
                                                                                           Article 6
  1 . Notwithstanding Article 21 ( 1 ) of Commission
                                                                  Tenders shall be communicated to the Commission by
 Regulation (EEC) No 3719/88 ('), export licences issued          Member States, at the latest one and a half hours after
 under Article 8 ( 1 ) of Regulation (EC) No 1501 /95 shall,      expiry of the period for the weekly submission of tenders
 for the purpose of determining their period of validity, be
                                                                  as specified in the notice of invitation to tender. They
 deemed to have been issued on the day on which the
 tender was submitted .
                                                                  must be communicated in the form indicated in Annex I,
                                                                  to the telex or fax numbers in Annex II .
 2. Export licences issued in connection with the invita­         If no tenders are received, Member States shall inform the
 tion to tender pursuant to this Regulation shall be valid        Commission of this within the time limit indicated in the
 from their date of issue, as defined in paragraph 1 , until      preceding paragraph .
 the end of the fourth month following that of issue .
                                                                                           Article 7
                            Article 5                             The time limits fixed for the submission of tenders shall
                                                                  correspond to Belgian time .
  1 . The Commission shall decide, under the procedure
 laid down in Article 23 of Regulation (EEC) No 1766/92:                                   Article 8
 — to fix a maximum export refund, taking account in              This Regulation shall enter into force on the day
      particular of the criteria laid down in Article 1 of        following its publication in the Official Journal of the
      Regulation (EC) No 1501 /95, or                             European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 27 December 1996 .
                                                                            For the Commission
                                                                             Karel VAN MIERT
                                                                       Member of the Commission
(') OJ No L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak--- No L 345/ 14    EN               Official Journal of the European Communities                      31 . 12. 96
                                                         ANNEX I
              Weekly tender for the refund for the export of oats to Switzerland and Liechtenstein
                                               (Regulation (EC) No 2507/96)
                                (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 .