CELEX: 31995R1088
Language: en
Date: 1995-05-15 00:00:00
Title: COMMISSION REGULATION (EC) No 1088/95 of 15 May 1995 opening an invitation to tender for the refund for the export of common wheat to all third countries

16. 5. 95           EN                 Official Journal of the European Communities                            No L 109 / 13
                                       COMMISSION REGULATION (EC) No 1088/95
                                                         of 15 May 1995
                  opening an invitation to tender for the refund for the export of common wheat
                                                     to all third countries
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
 of 30 June 1992 on the common organization of the                  1 . Tenders shall be invited for the export refund
market in cereals ('), as last amended by the Act of Acces­         provided for in Article 5 of Regulation (EEC)
                                                                    No 1533/93 .
sion of Austria, Finland and Sweden and Regulation (EC)
 No 3290/94 (2), and in particular Article 5 thereof,
                                                                    2. The tendering procedure shall concern common
 Having regard to Commission Regulation (EEC) No                   wheat for export to all third countries.
 1533/93 of 22 June 1993 laying down certain detailed
 rules under Council Regulation (EEC) No 1766/92 on the             3. The invitation shall remain open until 30 May 1996.
granting of export refunds on cereals and the measures to           During this period weekly awards shall be made, for
be taken in the event of disturbance on the market for             which the quantities and the time limits for the submis­
cereals (3), as last amended by Commission Regulation              sion of tenders shall be as prescribed in the notice of
(EC) No 3304/94 (4), and in particular Article 5 (2) thereof,      invitation to tender.
Whereas, in view of the current situation on the cereals
market, an invitation should be opened in respect of                                         Article 2
common wheat to tender for the export refund provided
for in Article 5 of Regulation (EEC) No 1533/93 ;
                                                                   A tender shall be valid only if it relates to an amount of
                                                                   not less than 1 000 tonnes.
Whereas the detailed procedural rules governing invita­
tions to tender are, as regards the fixing of the export
refund, in Regulation (EEC) No 1 533/93 ; whereas the
commitments on the part of the tenderer include an obli­                                     Article 3
gation to lodge an application for an export licence ;
whereas compliance with this obligation may be ensured
by requiring tenderers to lodge a tendering security of            The security referred to in Article 6 of Regulation (EEC)
ECU 12 per tonne when they submit their tenders ;                  No 1533/93 shall be ECU 12 per tonne.
Whereas it is necessary to specify the exact duration of
validity of the licences issued under this tendering pro­                                    Article 4
cedure ; whereas the period of validity must correspond to
the current requirements of the world market ;                      1 . Notwithstanding Article 21 (1 ) of Commission
                                                                   Regulation (EEC) No 3719/88 0, export licences issued
Whereas, in order to ensure that all those concerned are           under Article 9 (1 ) of Regulation (EEC) No 1533/93 shall,
treated equally, it is necessary to lay down that the period       for the purpose of determining their period of validity, be
of validity of the licences issued should be identical ;           deemed to have been issued on the day on which the
                                                                   tender was submitted.
Whereas, in order to ensure the smooth operation of the
tendering procedure, it is appropriate to prescribe a              2. Subject to the provisions of Article 1 of Commission
minimum quantity to be tendered for and a time limit               Regulation (EC) No 1521 /94 (*) export licences issued in
and form for the communication of tenders submitted to
                                                                   connection with the invitation to tender pursuant to this
the competent authorities ;                                        Regulation shall be valid from their date of issue, as
                                                                   defined in paragraph 1 , until the end of the fourth month
Whereas the measures provided for in this Regulation are           following that of issue.
in accordance with the opinion of the Management
Committee for Cereals,
                                                                   Licences issued before 1 July 1995, however, may only be
                                                                   used from that date .
(>) OJ No L 181 , 1 . 7. 1992, p. 21 .
(2) OJ No L 349, 31 . 12. 1994, p. 105.
(3) OJ No L 151 , 23. 6. 1993, p. 15.                              O OJ No L 331 , 2. 12. 1988, p. 1 .
0 OJ No L 341 , 30. 12. 1994, p. 48.                               (6) OJ No L 162, 30. 6. 1994, p. 47.
 ---pagebreak---  No L 109/14       fENl                Official Journal of the European Communities                                16. 5. 95
                         Article 5                               half hours after expiry of the period for the weekly
                                                                 submission of tenders as specified in the notice of invita­
 1.   The Commission shall decide, pursuant to the               tion to tender. They must be communicated in the form
 procedure laid down in Article 23 of Regulation (EEC)           indicated in Annex I, to the telex or telefax numbers in
 No 1766/92 :                                                    Annex II.
— to fix a maximum export refund, taking account in              If no tenders are received, Member States shall inform the
    particular of the criteria laid down in Article 2 of         Commission of this within the time limit indicated in the
    Regulation (EEC) No 1533/93, or
                                                                 preceding paragraph.
— to make no award.
                                                                                          Article 7
2. Where a maximum export refund is fixed, a contract
shall be awarded to any tenderer whose tender indicates a        The time limits fixed for the submission of tenders shall
rate of refund equal to or less than such maximum export         correspond to Belgian time.
refund.
                                                                                          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, 15 May 1995.
                                                                          For the Commission
                                                                            Franz FISCHLER
                                                                      Member of the Commission
 ---pagebreak--- 16. 5. 95   FEN                Official Journal of the European Communities                   No L 109/ 15
                                                      ANNEX I
           Weekly tender for the refund for the export of common wheat to all third countries
                                            (Regulation (EC) No 1088/95)
                             (Closing date for the submission of tenders (date/time))
                    12                                                     3
                 Number            Quantity                      Amount of export refund
               of tenderer        in tonnes                         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) ;
          — telefax :       — 295 25 15,
                            — 296 49 56.