CELEX: 31988R2191
Language: en
Date: 1988-07-23 00:00:00
Title: Commission Regulation (EEC) No 2191/88 of 22 July 1988 opening an invitation to tender for the refund for the export of common wheat to Algeria and Tunisia

23 . 7. 88                                 Official Journal of the European Communities                             No L 195/31
                                       COMMISSION REGULATION (EEC) No 2191 /88
                                                           of 22 July 1988
                   opening an invitation to tender for the refund for the export of common wheat
                                                      to Algeria and Tunisia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Whereas the Management Committee for Cereals has not
                                                                     delivered an opinion within the time limit set by its
Having regard to the Treaty establishing the European                chairman,
Economic Community,
Having regard to Council Regulation (EEC) No 2727/75
                                                                      HAS ADOPTED THIS REGULATION :
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)
No 1097/88 (2),
                                                                                               Article 1
Having regard to Council Regulation (EEC) No 2746/75
of 29 October 1975 laying down general rules for granting             1.     Tenders shall be invited for the export refund
export refunds on cereals and criteria for fixing the                 provided for in Article 5 of Regulation (EEC) No 2746/75.
amount of such refunds (3), and in particular Article ' 5
                                                                      2.     The invitation to tender shall relate to common
thereof,
                                                                      wheat for export to Algeria and Tunisia.
Whereas, in view of the current situation on the cereals
market, an invitation should be opened in respect of                  3. The invitation shall remain open until 29 September
common wheat to tender for the export refund provided                 1988 . During this period weekly awards shall be made, for
for in Article 5 of Regulation (EEC) No 2746/75 ;                     which the quantities and the time limits for the submis­
whereas, in order to ensure supply, the invitation to                 sion of tenders shall be as prescribed in the notice of invi­
                                                                      tation to tender.
tender for export should be limited to Algeria and
Tunisia ;
                                                                                                Article 2
Whereas the detailed procedural rules governing invita­
tions to tender are, as regards the fixing of the export              A tender shall be valid only if it related to an amount of
refund, laid down by Commission Regulation (EEC) No                   not less than 1 000 tonnes .
 279/75 (4), as last amended by Regulation (EEC) No
 2788/86 (*) ; whereas the commitments on the part of the
 tenderer include an obligation to lodge an application for                                     Article 3
 an export licence ; whereas compliance with this obliga­
 tion may be ensured by requiring tenderers to lodge a                The security referred to in Article 3 of Regulation (EEC)
 tendering security of 12 ECU per tonne when they                     No 279/75 shall be 12 ECU per tonne.
 submit their tenders ;
 Whereas, in order to ensure that all those concerned are                                       Article 4
 treated equally, it is necessary to lay down that the period
 of validity of the licences issued should be identical ;              1 . Notwithstanding Article 21 (1 ) of Commission
                                                                      Regulation (EEC) No 3183/80 (*), export licences issued
 Whereas, since the interested parties are already aware of           pursuant to Article 8 (1 ) of Regulation (EEC) No 279/75
 the terms of the invitation, a derogation may be made                shall, for the purpose of determining their period of val­
 from the provisions of Regulation (EEC) No 279/75 on                  idity, be deemed to have been issued on the day on which
 the period that must elapse between the date of publica­             the tender was submitted.
 tion and the first closing date for the submission of
 tenders ;                                                             2. Export licences issued in connection with the invita­
                                                                       tion 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
 tendering procedure, it is appropriate to prescribe a                 the end of the second month following that of issue.
 minimum quantity to be tendered for and a time limit
 and form for the communication of tenders submitted -to               3.     For the purposes of applying paragraph 2, licences
 the competent authorities ;                                           issued in connection with this invitation to tender shall
                                                                       bear, in space 19, a statement of the last day of validity
 (') OJ No   L 281 , 1 . 11 . 1975, p. 1 .                             calculated in accordance with the provisions of the first
 0   OJ No   L 110, 29. 4. 1988, p. 7.                                 subparagraph of paragraph 2.
 (3) OJ No   L 281 , 1 . 11 . 1975, p. 78.
 0   OJ No   L 31 , 5. 2. 1975, p. 8.
 0   OJ No   L 257, 10. 9. 1986, p. 32.                                I6) OJ No L 338, 13. 12. 1980, p. 1 .
 ---pagebreak---  No L 195/32                             Official Journal of the European Communities                                     23 . 7. 88
                            Article 5                                   submission of tenders as specified in the notice of invita­
 1 . Notwithstanding Article 5 of Regulation (EEC) No                   tion to tender. They must be communicated in the form
                                                                        indicated in Annex.
279/75, the Commission shall decide, under the pro­
cedure laid down in Article 26 of Regulation (EEC) No
2727/75 :                                                               If no tenders are received, Member States shall inform the
                                                                        Commission of this within the time limit indicated in the
— to fix a maximum export refund, taking account in                     preceding paragraph .
     particular of the criteria laid down in Articles 2 and 3
     of Regulation (EEC) No 2746/75, or
— 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 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, 22 July 1988 .
                                                                                  For the Commission
                                                                                   Frans ANDRIESSEN
                                                                                      Vice-President
                                                                ANNEX
                     Weekly tender for the refund for the export of common wheat to Algeria and Tunisia
                                                     (Regulation (EEC) No 2191 /88)
                                       (Closing date for the submission of tenders (date/time))
                             1                 2                                       3
                          Number            Quantity                        Amount of export refund
                       of tenderer         in tonnes                           in ECU per tonne
                            1
                            2
                            3
                           etc .