CELEX: 31998R1079
Language: en
Date: 1998-05-27 00:00:00
Title: Commission Regulation (EC) No 1079/98 of 27 May 1998 opening an invitation to tender for the refund or the tax for the export of common wheat to all third countries

L 154/24             ¬ EN ¬             Official Journal of the European Communities                                 28. 5. 98
                                     COMMISSION REGULATION (EC) No 1079/98
                                                       of 27 May 1998
                   opening an invitation to tender for the refund or the tax for the export of
                                          common wheat to all third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       2. The tendering procedure shall concern common
Having regard to the Treaty establishing the European             wheat for export to all third countries.
Community,
Having regard to Council Regulation (EEC) No 1766/92              3. The invitation shall remain open until 27 May 1999.
of 30 June 1992 on the common organisation of the                 During this period weekly awards shall be made, for
market in cereals (1), as last amended by Commission              which the quantities and the time limits for the sub-
Regulation (EC) No 923/96 (2),                                    mission of tenders shall be as prescribed in the notice of
                                                                  invitation to tender.
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
1766/92 on the granting of export refunds on cereals and                                    Article 2
the measures to be taken in the event of disturbance on
the market for cereals (3), as last amended by Regulation
(EC) No 2052/97 (4), and in particular Article 4 thereof,         A tender shall be valid only if it relates to an amount of
                                                                  not less than 1 000 tonnes.
Whereas, in view of the current situation on the cereals
market, an invitation should be opened, in respect of
common wheat to tender for the export refund or tax
provided for in Article 4 of Regulation (EC) No 1501/95;                                    Article 3
Whereas the detailed procedural rules governing invita-
tions to tender are as regards the fixing of the export           The security referred to in Article 5(3a) of Regulation (EC)
refund, or export tax in Regulation (EC) No 1501/95;              No 1501/95 shall be ECU 12 per tonne.
whereas the commitments on the part of the tenderer
include an obligation to lodge an application for an
export licence; whereas compliance with this obligation
may be ensured by requiring tenderers to lodge a ten-                                       Article 4
dering security of ECU 12 per tonne when they submit
their tenders;                                                    1. Notwithstanding Article 21(1) of Commission Regu-
Whereas it is necessary to provide for a specific period of       lation (EEC) No 3719/88 (5), export licences issued under
validity for licences issued under that invitation to tender;     Article 8(1) of Regulation (EC) No 1501/95 shall, for the
whereas that period of validity must meet the needs of the        purpose of determining their period of validity, be
world market for the 1998/99 marketing year;                      deemed to have been issued on the day on which the
                                                                  tender was submitted.
Whereas, in order to ensure that all those concerned are
treated equally, it is necessary to lay down that the period
of validity of the licences issued should be identical;           2. Export licences issued in connection with the invita-
                                                                  tions to tender pursuant to this Regulation shall be valid
Whereas, in order to ensure the smooth operation of the           from their date of issue, as defined in paragraph 1, until
export tendering procedure it is appropriate to prescribe a       the end of the fourth month following that of issue.
minimum quantity to be tendered for and a time limit
and form for the communication of tenders submitted to
the competent authorities;                                        Licences issued before 1 July 1998, however, may only be
                                                                  used from that date.
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management
Committee for Cereals,
                                                                                            Article 5
HAS ADOPTED THIS REGULATION:
                            Article 1                             1. The Commission shall decide, pursuant to the
                                                                  procedure laid down in Article 23 of Regulation (EEC)
1. Tenders shall be invited for the export refund and/or
                                                                  No 1766/92:
export tax provided for in Article 4 of Regulation (EC) No
1501/95.                                                          — to fix a maximum export refund, taking account in
                                                                       particular of the criteria laid down in Article 1 of
(1) OJ L  181,  1. 7. 1992, p. 21.                                     Regulation (EC) No 1501/95, or
(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--- 28. 5. 98           ¬ EN ¬              Official Journal of the European Communities                               L 154/25
— to fix a minimum export tax, taking into account in             submission of tenders as specified in the notice of invita-
     particular the criteria laid down in Article 1 of Regula-    tion to tender. They must be communicated in the form
     tion (EC) No 1501/95, or                                     indicated in Annex I, to the telex or fax numbers in
— to make no award.                                               Annex II.
2. Where a maximum export refund is fixed, the                    If no tenders are received, Member States shall inform the
contract shall be awarded to the tenderer or tenderers            Commission of this within the time limit indicated in the
whose bids are equal to or lower than the maximum                 preceding paragraph.
refund, as well as to the tenderer or tenderers whose bid
relates to an export tax.
                                                                                           Article 7
3. Where a minimum export tax 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 tax equal to or more than such minimum export             correspond to Belgian time.
tax.
                            Article 6                                                      Article 8
Tenders submitted must reach the Commission through               This Regulation shall enter into force on the day
the intermediary Member States, at the latest one and a           following its publication in the Official Journal of the
half hours after expiry of the period for the weekly              European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 27 May 1998.
                                                                           For the Commission
                                                                             Franz FISCHLER
                                                                       Member of the Commission
 ---pagebreak--- L 154/26  ¬ EN ¬             Official Journal of the European Communities                              28. 5. 98
                                                   ANNEX I
         Weekly tender for the refund or the tax for the export of common wheat to all third
                                                   countries
                                         (Regulation (EC) No 1079/98)
                            (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:
         — telex:           — 22037 AGREC B,
                            — 22070 AGREC B (Greek characters),
         — fax:             — 295 25 15,
                            — 296 49 56.