CELEX: 31998R1746
Language: en
Date: 1998-08-06 00:00:00
Title: Commission Regulation (EC) No 1746/98 of 6 August 1998 opening an invitation to tender for the refund or the tax for the export of rye to all third countries

7. 8. 98             ¬ EN ¬            Official Journal of the European Communities                                  L 219/3
                                     COMMISSION REGULATION (EC) No 1746/98
                                                      of 6 August 1998
                   opening an invitation to tender for the refund or the tax for the export of rye to
                                                     all third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      and form for the communication of tenders submitted to
                                                                 the competent authorities;
Having regard to the Treaty establishing the European            Whereas the measures provided for in this Regulation are
Community,                                                       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 organisation of the
market in cereals (1), as last amended by Commission             HAS ADOPTED THIS REGULATION:
Regulation (EC) No 923/96 (2),
                                                                                           Article 1
Having regard to Commission Regulation (EC) No
1501/95 of 29 June 1995 laying down certain detailed
rules for the application of Council Regulation (EEC) No         1. Tenders shall be invited for the export refund and/or
1766/92 on the granting of export refunds on cereals and         export tax provided for in Article 4 of Regulation (EC) No
the measures to be taken in the event of disturbance on          1501/95.
the market for cereals (3), as last amended by Regulation
(EC) No 2052/97 (4), and in particular Article 4 thereof,        2. The tendering procedure shall concern rye for
                                                                 export to all third countries.
Whereas, in view of the current situation on the cereals         3. The invitation shall remain open until 27 May 1999.
market, an invitation should be opened, in respect of rye        During this period weekly awards shall be made, for
to tender for the export refund or tax provided for in           which the quantities and the time limits for the sub-
Article 4 of Regulation (EC) No 1501/95;                         mission of tenders shall be as prescribed in the notice of
                                                                 invitation to tender.
Whereas the detailed procedural rules governing invita-
tions to tender are as regards the fixing of the export                                    Article 2
refund, or export tax in Regulation (EC) No 1501/95;
whereas the commitments on the part of the tenderer              A tender shall be valid only if it relates to an amount of
include an obligation to lodge an application for an             not less than 1 000 tonnes.
export licence; whereas compliance with this obligation
may be ensured by requiring tenderers to lodge a ten-
dering security of ECU 12 per tonne when they submit
their tenders;                                                                             Article 3
                                                                 The security referred to in Article 5(3a) of Regulation (EC)
Whereas it is necessary to provide for a specific period of      No 1501/95 shall be ECU 12 per tonne.
validity for licences issued under that invitation to tender;
whereas that period of validity must meet the needs of the
world market for the 1998/99 marketing year;
                                                                                           Article 4
                                                                 1. Notwithstanding Article 21(1) of Commission Regu-
Whereas, in order to ensure the smooth operation of the          lation (EEC) No 3719/88 (5), export licences issued under
export tendering procedure it is appropriate to prescribe a      Article 8(1) of Regulation (EC) No 1501/95 shall, for the
minimum quantity to be tendered for and a time limit             purpose of determining their period of validity, be
                                                                 deemed to have been issued on the day on which the
(1) OJ L  181,  1. 7. 1992, p. 21.                               tender was submitted.
(2) OJ L  126,  24. 5. 1996, p. 37.
(3) OJ L  147,  30. 6. 1995, p. 7.
(4) OJ L  287,  21. 10. 1997, p. 14.                             (5) OJ L 331, 2. 12. 1988, p. 1.
 ---pagebreak--- L 219/4             ¬ EN ¬              Official Journal of the European Communities                                 7. 8. 98
2. Export licences issued in connection with the invita-                                   Article 6
tions to tender pursuant to this Regulation shall be valid
from their date of issue, as defined in paragraph 1, until        Tenders submitted must reach the Commission through
the end of the fourth month following that of issue.              the intermediary Member States, at the latest one and a
                                                                  half hours after expiry of the period for the weekly
                            Article 5                             submission of tenders as specified in the notice of invita-
                                                                  tion to tender. They must be communicated in the form
1. The Commission shall decide, pursuant to the
                                                                  indicated in Annex I, to the telex or fax numbers in
procedure laid down in Article 23 of Regulation (EEC)
                                                                  Annex II.
No 1766/92:
— 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 1 of         Commission of this within the time limit indicated in the
     Regulation (EC) No 1501/95, or                               preceding paragraph.
— to fix a minimum export tax, taking into account in
     particular the criteria laid down in Article 1 of Regula-
     tion (EC) No 1501/95, or
                                                                                           Article 7
— to make no award.
2. Where a maximum export refund is fixed, the                    The time limits fixed for the submission of tenders shall
contract shall be awarded to the tenderer or tenderers            correspond to Belgian time.
whose bids are equal to or lower than the maximum
refund, as well as to the tenderer or tenderers whose bid
relates to an export tax.                                                                  Article 8
3. Where a minimum export tax 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 tax equal to or more than such minimum export             following its publication in the Official Journal of the
tax.                                                              European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 6 August 1998.
                                                                           For the Commission
                                                                          Monika WULF-MATHIES
                                                                       Member of the Commission
 ---pagebreak--- 7. 8. 98  ¬ EN ¬             Official Journal of the European Communities                              L 219/5
                                                   ANNEX I
          Weekly tender for the refund or the tax for the export of rye to all third countries
                                         (Regulation (EC) No 1746/98)
                            (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:
         — fax:             — 295 25 15,
                            — 296 49 56,
         — telex:           — 22037 AGREC B,
                            — 22070 AGREC B (Greek characters).