CELEX: 31996R0430
Language: en
Date: 1996-03-08 00:00:00
Title: COMMISSION REGULATION (EC) No 430/96 of 8 March 1996 opening an invitation to tender for the refund or the tax for the export of common wheat to all third countries except Algeria, Morocco and Malta and repealing Regulation (EC) No 1088/95

No L 60/ 10             EN               Official Journal of the European Communities                                   9 . 3 . 96
                                           COMMISSION REGULATION (EC) No 430/96
                                                           of 8 March 1996
                      opening an invitation to tender for the refund or the tax for the export of
                      common wheat to all third countries except Algeria, Morocco and Malta and
                                              repealing Regulation (EC) No 1088/95
  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
  of 30 June 1992 on the common organization of the                    export tax provided for in Article 4 of Regulation (EC) No
  market in cereals ('), as last amended by Regulation (EC)             1501 /95.
  No 1863/95 (2),
  Having regard to Commission Regulation (EC) No                       2. The tendering procedure shall concern common
  1501 /95 of 29 June 1995 laying down certain detailed                wheat for export to all third countries except Algeria,
  rules for the application of Council Regulation (EEC) No             Morocco and Malta.
  1 766/92 on the granting of export refunds on cereals and
  the measures to be taken in the event of disturbance on              3 . The invitation shall remain open until 30 May 1996.
  the market for cereals (3), as last amended by Regulation            During this period weekly awards shall be made, for
  (EC) No 95/96 (4), and in particular Article 4 thereof,              which the quantities and the time limits for the submis­
                                                                       sion of tenders shall be as prescribed in the notice of invi­
  Whereas specials invitations to tender are opened for the            tation to tender.
  export of common wheat to Algeria, Morocco and Malta;
 whereas for the sake of clarity, Commission Regulation
 (EC) No 1088/95 (*) should therefore be repealed; whereas                                       Article 2
  a new invitation to tender for the refund or for the tax for
  the export of common wheat to all third countries except            A tender shall be valid only if it relates to an amount of
 Algeria, Morocco and Malta should therefore be opened                 not less than 1 000 tonnes.
 pursuant to Article 4 of Article (EC) No 1501 /95;
 Whereas the detailed procedural rules governing invita­                                        Article 3
 tions to tender are as regards the fixing of the export
 refund, or export tax in Regulation (EC) No 1501 /95;                The security referred to in Article 5 (3a) of Regulation
 whereas the commitments on the part of the tenderer                  (EC) No 1501 /95 shall be ECU 12 per tonne .
 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 tende­                                        Article 4
 ring security of ECU 12 per tonne when they submit
 their tenders;
                                                                       1 . Notwithstanding Article 21 (1 ) of Commission
 Whereas it is necessary to provide for a specific period of          Regulation (EEC) No 3719/88 (6), export licences issued
 validity for licences issued under that invitation to tender,        under Article 8 ( 1 ) of Regulation (EC) No 1501 /95 shall,
 whereas that period of validity must meet the needs of the           for the purpose of determining their period of validity, be
 world market for the current marketing year, whereas the             deemed to have been issued on the day on which the
                                                                      tender was submitted.
 validity of the export licences should therefore be limited
 to 30 June 1996;
                                                                      2. Subject to the provisions of Article 1 of Commission
Whereas, in order to ensure the smooth operation of the               Regulation (EC) No 1521 /94 Q export licences issued in
 export tendering procedure it is appropriate to prescribe a          connection with the invitations to tender pursuant to this
 minimum quantity to be tendered for and a time limit                Regulation shall be valid from their date of issue, as
and form for the communication of tenders submitted to               defined in paragraph 1 , until 30 June 1996.
the competent authorities;
Whereas the Management Committee for Cereals has not                                            Article 5
delivered an opinion within the time limit set by its
chairman ,                                                            1 . The Commission shall decide, pursuant to the
                                                                     procedure laid down in Article 23 of Regulation (EEC)
(')  OJ No   L  181 , 1 . 7. 1992, p. 21 .                           No 1766/92:
(2)  OJ No   L  179, 29. 7. 1995, p. 1 .
(3)  OJ No   L 147, 30. 6. 1995, p. 7.
(4)  OJ No   L 18, 24. 1 . 1996, p. 10.                              (6) OJ No L 331 , 2. 12. 1988 , p. 1 .
(5)  OJ No   L 109, 16. 5. 1995, p. 13.                              0 OJ No L 162, 30 . 6. 1994, p. 47.
 ---pagebreak---  9 . 3 . 96             EN               Official Journal of the European Communities                            No L 60/ 11
— to fix a maximum export refund, taking account in                submission of tenders as specified in the notice of invita­
      particular of the criteria laid down in Article 1 of         tion to tender. They must be communicated in the form
      Regulation (EC) No 1501 /95, or                              indicated in Annex I, to the telex or fax numbers in
                                                                   Annex II .
— to fix a minimum export tax, taking into account in
      particular the criteria laid down in Article 1 of Regula­    If no tenders are received, Member States shall inform the
      tion (EC) No 1501 /95, or                                    Commission of this within the time limit indicated in the
— to make no award .                                               preceding paragraph .
2. Where a maximum export refund is fixed, a contract                                       Article 7
shall be awarded to any tenderer whose tender indicates a
rate of refund equal to or less than such maximum export           The time limits fixed for the submission of tenders shall
refund.                                                            correspond to Belgian time .
3. Where a minimum export tax is fixed, a contract                                          Article 8
shall be awarded to any tenderer whose tender indicates a
rate of tax equal to or more than such minimum export              Commission Regulation (EC) No 1088/95 is hereby
tax.                                                               repealed.
                             Article 6                                                      Article 9
Tenders submitted must reach the Commission through                This Regulation shall enter into force on the day follo­
the intermediary Member States, at the latest one and a            wing its publication in the Official Journal of the Euro­
half hours after expiry of the period for the weekly               pean Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 8 March 1996.
                                                                            For the Commission
                                                                              Franz FISCHLER
                                                                        Member of the Commission
 ---pagebreak--- No L 60/ 12     EN                Official Journal of the European Communities                              9 . 3 . 96
                                                         ANNEX I
             Weekly tender for the refund or the tax for the export of common wheat to all third coun­
                                      tries except Algeria, Morocco and Malta
                                               (Regulation (EC) No 430/96)
                                (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 ECUs per tonne        in ECUs 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 1 5,
                               — 296 49 56 .