CELEX: 31997R1339
Language: en
Date: 1997-07-11 00:00:00
Title: COMMISSION REGULATION (EC) No 1339/97 of 11 July 1997 opening an invitation to tender for the refund or the tax for the export of common wheat to all third countries

12. 7. 97             MEN !              Official Journal of the European Communities                                No L 184/7
                                           COMMISSION REGULATION (EC) No 1339/97
                                                            of 11 July 1997
                      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 28 May 1998 .
   of 30 June 1992 on the common organization of the                     During this period weekly awards shall be made, for
   market in cereals ('), 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 1259/97 (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
  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 ten­
 dering security of ECU 12 per tonne when they submit                                             Article 4
 their tenders;
 Whereas it is necessary to provide for a specific period of
 validity for licences issued under that invitation to tender;          1 . Notwithstanding Article 21 ( 1 ) of Commission
 whereas that period of validity must meet the needs of the            Regulation (EEC) No 3719/88 (■'), export licences issued
 world market for the 1997/ 1998 marketing year;                       under Article 8 ( 1 ) of Regulation (EC) No 1501 /95 shall,
                                                                       for the purpose of determining their period of validity, be
 Whereas, in order to ensure the smooth operation of the               deemed to have been issued on the day on which the
 export tendering procedure it is appropriate to prescribe a           tender was submitted .
 minimum quantity to be tendered for and a time limit
 and form for the communication of tenders submitted to
 the competent authorities;                                            2. Subject to the provisions of Article 1 of Commission
                                                                       Regulation (EC) No 1521 /94 (A) export licences issued in
 Whereas the measures provided for in this Regulation are              connection with the invitations to tender pursuant to this
 in accordance with the opinion of the Management                      Regulation shall be valid from their date of issue, as
 Committee for Cereals,                                                defined in paragraph 1 , until the end of the fourth month
                                                                       following that of issue .
 HAS ADOPTED THIS REGULATION :
                               Article 1
                                                                                                 Article 5
 1.     Tenders shall be invited for the export refund and/or
export tax provided for in Article 4 of Regulation (EC) No
 1501 /95 .                                                            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 .
(2)  OJ  No  L  126,  24. 5. 1996, p. 37.
(3)  OJ  No  L  147,  30. 6. 1995, p. 7.                              ( !) OJ No L 331 , 2. 12. 1988 , p. 1 .
 4   OJ  No  L  174,  2. 7. 1997, p. 10 .                             (<•) OJ No L 162, 30 . 6. 1994, p. 47.
 ---pagebreak---  No L 184/8         PEN                 Official Journal of the European Communities                                 12 . 7. 97
 — 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, the                preceding paragraph .
contract shall be awarded to the tenderer or tenderers
whose bids are equal to or lower than the maximum
refund, as well as to the tenderer or tenderers whose bid                                   Article 7
relates to an export tax.
                                                                  The time limits fixed for the submission of tenders shall
3 . Where a minimum export tax is fixed, a contract
                                                                  correspond to Belgian time.
shall be awarded to any tenderer whose tender indicates a
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 fol­
Tenders submitted must reach the Commission through               lowing its publication in the Official Journal of the
the intermediary Member States, at the latest one and a           European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 11 July 1997.
                                                                            For the Commission
                                                                              Franz FISCHLER
                                                                        Member of the Commission
 ---pagebreak--- 12. 7. 97   rENl               Official Journal of the European Communities                             No L 184/9
                                                     ANNEX I
          Weekly tender for the refund or the tax for the export of common wheat to all third
                                                     countries
                                           (Regulation (EC) No 1339/97)
                             (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 .