CELEX: 31996R0591
Language: en
Date: 1996-04-02 00:00:00
Title: COMMISSION REGULATION (EC) No 591/96 of 2 April 1996 opening an invitation to tender for the refund or the tax for the export of durum wheat to all third countries

No L 84/28        PENH                Official Journal of the European Communities                                   3 . 4. 96
                                        COMMISSION REGULATION (EC) No S9U96
                                                         of 2 April 1996
                    opening an invitation to tender for the refund or the tax for the export of durum
                                                   wheat to all third countries
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       HAS ADOPTED THIS REGULATION :
    Having regard to the Treaty establishing the European
                                                                                              Article 1
    Community,
                                                                     1 . Tenders shall be invited for the export refund or
   Having regard to Council Regulation (EEC) No 1766/92              export tax provided for in Article 4 of Regulation (EC) No
   of 30 June 1992 on the common organization of the                 1501 /95.
   market in cereals ('), as last amended by Regulation (EC)
   No 1863/95 (2),
                                                                     2. The tendering procedure shall concern durum wheat
                                                                     for export to all third countries.
   Having regard to Commission Regulation (EC) No
   1501 /95 of 29 June 1995 laying down certain detailed             3 . The invitation shall remain open until 23 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 submiss­
   the measures to be taken in the event of disturbance on
                                                                    ion 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, in view of the current situation on the cereals                                    Article 2
  market, an invitation should be opened in respect of
  durum wheat to tender for the export refund or tax                A tender shall be valid only if it relates to an amount of
  provided for in Article 4 of Regulation (EC) No 1501 /95;         not less than 1 000 tonnes .
  Whereas the detailed procedural rules governing invita­
  tions to tender are as regards the fixing of the export                                    Article 3
  refund, or export tax in Regulation (EC) No 1501 /95;
  whereas the commitments on the part of the tenderer              The security referred to in Article 5 (3a) of Regulation
  include an obligation to lodge an application for an             (EC) No 1501 /95 shall be ECU 12 per tonne.
  export licence; whereas compliance with this obligation
  may be ensured by requiring tenderers to lodge a tende­
  ring security of ECU 12 per tonne when they submit                                         Article 4
  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 (*), 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
 validity of the export licences should therefore be limited       tender was submitted.
 to 31 May 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 (*) 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 31 May 1996.
 the competent authorities;
                                                                                             Article 5
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management
Committee for Cereals,
                                                                   1.    The Commission shall decide, pursuant to the
                                                                   procedure laid down in Article 23 of Regulation (EEC)
                                                                   No 1766/92:
(>) OJ No L 181 , 1 . 7. 1992, p. 21 .
0 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 .
b) OJ No L 18, 24. 1 . 1996, p. 10.                                4 OJ No L 162, 30. 6. 1994, p. 47.
 ---pagebreak---  3. 4. 96           | EN I              Official Journal of the European Communities                            No L 84/29
— to fix a maximum export refund, taking account in               half hours after expiry of the period for the weekly
     particular of the criteria laid down in Article 1 of         submission of tenders as specified in the notice of invita­
     Regulation (EC) No 1501 /95, or                              tion to tender. They must be communicated in the form
                                                                  indicated in Annex I, to the telex or fax numbers in
— to fix a minimum export tax, taking into account in             Annex II.
     particular the criteria laid down in Article 1 of Regula­
     tion (EC) No 1501 /95, or
                                                                  If no tenders are received, Member States shall inform the
— to make no award.                                               Commission of this within the time limit indicated in the
2. Where a maximum export refund is fixed, a contract             preceding paragraph .
shall be awarded to any tenderer whose tender indicates a
rate of refund equal to or less than such maximum export                                   Article 7
refund.
3. Where a minimum export tax is fixed, a contract                The time limits fixed for the submission of tenders shall
shall be awarded to any tenderer whose tender indicates a         correspond to Belgian time .
rate of tax equal to or more than such minimum export
tax.
                                                                                           Article 8
                            Article 6
                                                                  This Regulation shall enter into force on the day follo­
Tenders submitted must reach the Commission through               wing its publication in the Official Journal of the Euro­
the intermediary Member States, at the latest one and a           pean Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 2 April 1996.
                                                                           For the Commission
                                                                             Franz FISCHLER
                                                                       Member of the Commission
 ---pagebreak--- No L 84/30     EN               Official Journal of the European Communities                              3 . 4. 96
                                                      ANNEX I
           Weekly tender for the refund or the tax for the export of durum wheat to all third coun­
                                                        tries
                                            (Regulation (EC) No 591 /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.
                                                           I
                                                    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.