CELEX: 31985R1391
Language: en
Date: 1985-05-29 00:00:00
Title: Commission Regulation (EEC) No 1391/85 of 28 May 1985 opening an invitation to tender for the refund for the export of common wheat to countries of zones I, II a), III, IV a) and b), V, VI, VII and the German Democratic Republic

No L 140/ 10                              Official Journal of the European Communities                              29 . 5 . 85
                                   COMMISSION REGULATION (EEC) No 1391/85
                                                           of 28 May 1985
               opening an invitation to tender for the refund for the export of common wheat
               to countries of zones I, II a), III , IV a) and b), V, VI, VII and the German
                                                        Democratic Republic
 THE COMMISSION OF THE EUROPEAN                                       Whereas the measures provided for in this Regulation
 COMMUNITIES,                                                         are in accordance with the opinion of the Management
                                                                      Committee for Cereals,
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                      HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No
 2727/75 of 29 October 1975 on the common organi­                                             Article 1
 zation of the market in cereals ('), as last amended by
 Regulation (EEC) No 1018/84 (2),                                     1 . Tenders shall be invited for the export refund
                                                                      provided for in Article 5 of Regulation (EEC) No
 Having regard to Council Regulation (EEC) No                         2746/75.
 2746/75 of 29 October 1975 laying down general rules
 for granting export refunds on cereals and criteria for              2.    The invitation to tender shall relate to common
 fixing the amount of such refunds (3), and in particular            wheat for export to the countries of zones I, II a), III,
Article 5 thereof,                                                    IV a) and b), V, VI, VII and the German Democratic
                                                                      Republic.
Whereas, in view of the current situation on the
 cereals market, an invitation should be opened in                    3 . The invitation shall remain open until 26 June
 respect of common wheat to tender for the export                     1986. During this period weekly awards shall be made,
 refund provided for in Article 5 of Regulation (EEC)                 for which the quantities and the time limits for the
 No 2746/75 ; whereas, in order to ensure supply, the                 submission of tenders shall be as prescribed in the
                                                                      notice of invitation to tender.
 invitation to tender for export should be limited to
 zones I, II a), III, IV a) and b), V, VI, VII and the
 German Democratic Republic ;                                                                 Article 2
Whereas the detailed procedural rules governing                      A tender shall be valid only if it relates to an amount
 invitations to tender are, as regards the fixing of the              of not less than 1 000 tonnes .
export refund, in Commission Regulation (EEC) No
279/75 (4), as amended by Regulation (EEC) No                                                 Article 3
2944/78 (*) ; whereas the commitments on the part of
the tenderer include an obligation to lodge an applica­              The security referred to in Article 3 of Regulation
tion for an export licence ; whereas compliance with                 (EEC) No 279/75 shall be 12 ECU per tonne.
this obligation may be ensured by requiring tenderers
to lodge a tendering security of 12 ECU per tonne                                             Article 4
when they submit their tenders ;
                                                                      1 . Notwithstanding Article 21 ( 1 ) of Regulation
Whereas, in order to ensure that all those concerned                 (EEC) No 3183/ 80 (6), export licences issued under
are treated equally, it is necessary to lay down that the            Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, for
period of validity of the licences issued should be                  the purpose of determining their period of validity, be
identical ; whereas, however, a special period of validity           deemed to have been issued on the day on which the
should be laid down for exports to the People's                      tender was submitted .
Republic of China ;                                                  2.     Export licences issued in connection with the
Whereas, in order to ensure the smooth operation of                  invitation to tender pursuant to this Regulation shall
the tendering procedure, it is appropriate to prescribe              be valid from their date of issue, as defined in para­
a minimum quantity to be tendered for and a time                     graph 1 , until the end of the fourth month following
                                                                     that of issue .
limit and form for the communication of tenders
submitted to the competent authorities ;                             However, for exports to the People's Republic of
                                                                     China, licences shall be valid from their date of issue
(') OJ  No  L 281 , 1 . 11 . 1975, p . 1 .                           as defined in paragraph 1 until the end of the sixth
0   OJ  No  L  107, 19 . 4. 1984, p. 1 .                             month following.
(3) OJ  No  L 281 , 1 . 11 . 1975, p. 78 .
(4) OJ  No  L 31 , 5 . 2. 1975, p. 8 .
0   OJ  No  L 351 , 15. 12. 1978 , p . 16 .                          (") OJ No L 388 , 13 . 12 . 1980 , p. 1 .
 ---pagebreak--- 29 . 5. 85                           Official Journal of the European Communities                           No L 140/ 11
3.     For the purposes of applying paragraph 2,                                         Article 5
licences issued in connection with this invitation to
tender shall bear, in space 1,9, a statement of the last         1.    Notwithstanding Article 5 of Regulation (EEC)
                                                                 No 279/75, the Commission shall decide, under the
day of validity calculated in accordance with the provi­
sions of the first subparagraph of paragraph 2. They             procedure laid down in Article 26 of Regulation (EEC)
                                                                 No 2727/75 :
shall also bear, in space 18 , a statement of the last day
of validity calculated in accordance with the provisions         — to fix a maximum export refund, taking account in
of the second subparagraph of paragraph 2 ; for this                 particular of the criteria laid down in Articles 2
purpose, one of the following statements shall be                    and 3 of Regulation (EEC) No 2746/75, or
entered in space 18 :                                            — to make no award.
— 'Sidste gyldighedsdag ved udførsel til Den kine­               2. Where a maximum export refund is fixed, a
     siske Folkerepublik :         , Forordning (EØF) nr.        contract shall be awarded to any tenderer whose tender
     1391 /85.'
                                                                 indicates a rate of refund equal to or less than such
— ' Letzter Gültigkeitstag bei Ausfuhr in die Volks­             maximum export refund.
     republik China :           , Verordnung (EWG) Nr.
     1391 / 85 .'                                                                        Article 6
— 'Σε περίπτωση εξαγωγής προς τη Λαϊκή Δημο­                     Tenders    submitted   must    reach  the   Commission
     κρατία της Κίνας, τελευταία ημέρα ισχύος :                  through the intermediary Member States, at the latest
           , Κανονισμός ( ΕΟΚ) αριθ. 1391 /85 .'                 one and a half hours after expiry of the period for the
— 'In case of export to the People s Republic of                 weekly submission of tenders as specified in the notice
     China, last day of validity :            , Regulation       of invitation to tender. They must be communicated
     (EEC) No 1391 /85 .'                                        in the form indicated in the Annex.
— 'En cas d exportation vers la république populaire             If no tenders are received, Member States shall inform
     de Chine, dernier jour de validité :          , règle­      the Commission of this within the time limit indi­
     ment (CEE) n° 1391 /85.                                     cated in the preceding paragraph.
— 'In caso di esportazione verso la Repubblica popo­
     lare di Cina, ultimo giorno di validità :             ,                             Article 7
     Regolamento (CEE) n. 1391 /85.
                                                                 The time limits fixed for the submission of tenders
— ' In geval van uitvoer naar de Volksrepubliek China,           shall correspond to Belgian time.
     laatste geldigheidsdag :         , Verordening (EEG)
     nr. 1391 /85 .
                                                                                         Article 8
Where the licence is used after the date given in space          This Regulation shall enter into force on the day
19, it shall carry the obligation to export to the               following its publication in the Official Journal of the
People's Republic of China.                                      European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 28 May 1985.
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President
 ---pagebreak--- No L 140/ 12                          ficial Journal of the European Communities                  29 . 5. 85
                                                        ANNEX
           Weekly tender for the refund for the export of common wheat to countries of
              zones I , II a), III , IV a) and b), V, VI , VII and the German Democratic Republic
                                 (Closing date for the submission of tenders (date/time))
                     1                       2                                    3
             Number of tenderer           Quantity                    Amount of export refund
                                         in tonnes                 in national currency per tonne
                    1
                    2
                    3
                    4
                    5
                   etc .