CELEX: 31996R0604
Language: en
Date: 1996-04-03 00:00:00
Title: COMMISSION REGULATION (EC) No 604/96 of 3 April 1996 opening an invitation to tender for the refund or the tax for the export of common wheat to Algeria, Morocco and Tunisia

No L 86/20           EN               Official Journal of the European Communities                                     4. 4. 96
                                        COMMISSION REGULATION (EC) No 604/96
                                                         of 3 April 1996
                    opening an invitation to tender for the refund or the tax for the export of
                                       common wheat to Algeria, Morocco and Tunisia
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         HAS ADOPTED THIS REGULATION:
    Having regard to the Treaty establishing the European
   Community,                                                                                   Article 1
   Having regard to Council Regulation (EEC) No 1766/92                1 . Tenders shall be invited for the export refund or tax
   of 30 June 1992 on the common organization of the                  provided for in Article 4 of Regulation (EC) No 1501 /95.
   market in cereals ('), as last amended by Regulation (EC)
   No 1863/95 (2),                                                    2. The tendering procedure shall concern common
                                                                      wheat for export to Algeria, Morocco and Tunisia.
   Having regard to Commission Regulation (EC) No
   1501 /95 of 29 June 1995 laying down certain detailed              3.     The invitation shall remain open until 2 May 1996.
   rules for the application of Council Regulation (EEC) No           During this period weekly awards shall be made, for
   1766/92 on the granting of export refunds on cereals and          which the quantities and the time limits for the submis­
   the measures to be taken in the event of disturbance on            sion of tenders shall be as prescribed in the notice of invi­
   the market for cereals (3), as last amended by Regulation          tation to tender.
  (EC) No 95/96 (4), and in particular Article 4 thereof,
  Whereas supplying Algeria, Morocco and Tunisia with                                           Article 2
  common wheat has been made difficult by the current
  situation on the world market; whereas those countries are         A tender shall be valid only if it relates to an amount of
  traditional markets for the European Community,                    not less than 1 000 tonnes.
  whereas, in order to guarantee part of their supplies, a
  special invitation to tender for the refund or for the tax
  for the export of common wheat to those countries                                             Article 3
  should be opened in accordance with Article 4 of Regula­
  tion (EC) No 1501 /95;                                             The security referred to in Article 5 (3) (a) of Regulation
                                                                     (EC) No 1501 /95 shall be ECU 12 per tonne.
  Whereas the detailed procedural rules governing invita­
  tions to tender are, as regards the fixing of the export
  refund or tax in Regulation (EC) No 1501 /95; whereas the                                     Article 4
  commitments on the part of the tenderer include an obli­
 gation to lodge an application for an export licence;               1.     Notwithstanding Article 21 ( 1 ) of Commission
 whereas compliance with this obligation may be ensured             Regulation (EEC) No 3719/88 (*), export licences issued
 by requiring tenderers to lodge a tendering security of            under Article 8 (1 ) of Regulation (EC) No 1501 /95 shall,
  ECU 12 per tonne when they submit their tenders;                  for the purpose of determining their period of validity, be
                                                                    deemed to have been issued on the day on which the
 Whereas it is necessary to provide for a specific period of        tender was submitted.
 validity for licences issued under that invitation to tender,
 whereas that period of validity must meet the needs of             2.      Subject to the provisions of Article 1 of Commission
 Algeria, Morocco and Tunisia for the current marketing             Regulation (EC) No 1521 /94 (*) export licences issued in
 year, whereas the validity of the export licences should           connection with the invitation to tender pursuant to this
 therefore be limited to 30 June 1996;                              Regulation shall be valid from their date of issue, as
                                                                    defined in paragraph 1 , until 30 June 1996.
 Whereas, in order to ensure the smooth operation of the
 tendering procedure, it is appropriate to prescribe a
 minimum quantity to be tendered for and a time limit                                          Article 5
 and form for the communication of tenders submitted to
 the competent authorities;                                         1 . The Commission shall decide, pursuant to the
                                                                   procedure laid down in Article 23 of Regulation (EEC)
Whereas the Management Committee for Cereals has not               No 1766/92:
delivered an opinion within the time limit set by its
chairman ,                                                         — to fix a maximum export refund, taking account in
                                                                          particular of the criteria laid down in Article 1 of
                                                                          Regulation (EC) No 1501 /95, or
(') OJ No L 181 , 1 . 7. 1992, p. 21 .
I1) OJ No L 179, 29. 7. 1995, p. 1 .
(3) OJ No L 147, 30 . 6. 1995, p. 7.                               0 OJ No L 331 , 2. 12. 1988, p. 1 .
(4) OJ No L 18, 24. 1 . 1996, p. 10 .                              (6) OJ No L 162, 30. 6. 1994, p. 47.
 ---pagebreak---  4. 4. 96           I EN I              Official Journal of the European Communities                            No L 86/21
— to fix a minimum export tax, taking into account in              half hours after expiry of the period for the weekly
     particular the criteria laid down in Article 1 of Regula­    submission of tenders as specified in the notice of invita­
     tion (EC) No 1501 /95, or                                    tion to tender. They must be communicated in the form
— to make no award.
                                                                  indicated in Annex I, to the telex or fax numbers in
                                                                  Annex II.
2. Where a maximum export refund is fixed, a contract             If no tenders are received, Member States shall inform the
shall be awarded to any tenderer whose tender indicates a         Commission of this within the time limit indicated in the
rate of refund equal to or less than such maximum export          preceding paragraph.
refund.
3 . Where a minimum export tax is fixed, a contract                                        Article 7
shall be awarded to any tenderer whose tender indicates a         The time limits fixed for the submission of tenders shall
rate of tax equal to or more than such minimum export             correspond to Belgian time.
tax.
                                                                                           Article 8
                            Article 6
                                                                  This Regulation shall enter into force on the day
Tenders submitted must reach the Commission through               following its publication in the Official Journal of the
the intermediary Member States, at the latest one and a           European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 3 April 1996.
                                                                           For the Commission
                                                                             Franz FISCHLER
                                                                       Member of the Commission
 ---pagebreak--- No L 86/22   EN                 Official Journal of the European Communities                             4. 4. 96
                                                       ANNEX I
           Weekly tender for the refund or the tax for the export of common wheat to Algeria,
                                                 Morocco and Tunisia
                                             (Regulation (EC) No 604/96)
                              (Closing date for the submission of tenders (date/time))
                        1                      2                                  3
                                                                       A                       B
                    Number                 Quantity
                  of tenderer             in tonnes                  Amount                 Amount
                                                                  of export tax         of export refund
                                                               in ECU per tonne        in ECU per 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.