CELEX: 31996R0429
Language: en
Date: 1996-03-08 00:00:00
Title: COMMISSION REGULATION (EC) No 429/96 of 8 March 1996 opening an invitation to tender for the refund or the tax for the export of common wheat to Malta

9 . 3 . 96            I EN I              Official Journal of the European Communities                               No L 60/7
                                           COMMISSION REGULATION (EC) No 429/96
                                                            of 8 March 1996
                      opening an invitation to tender for the refund or the tax for the export of
                                                       common wheat to Malta
   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),
                                                                        2. The tendering procedure shall concern common
   Having regard to Commission Regulation (EC) No                       wheat for export to Malta.
   1501 /95 of 29 June 1995 laying down certain detailed
  rules for the application of Council Regulation (EEC) No              3 . The invitation shall remain open until 28 March
   1766/92 on the granting of export refunds on cereals and             1996. During this period weekly awards shall be made, for
  the measures to be taken in the event of disturbance on               which the quantities and the time limits for the submis­
  the market for cereals (3), as last amended by Regulation             sion of tenders shall be as prescribed in the notice of
                                                                        invitation to tender.
  (EC) No 95/96 (4), and in particular Article 4 thereof,
  Whereas supplying Malta with common wheat has been
                                                                                                  Article 2
  made difficult by the current situation on the world
  market; whereas this country is a traditional market for
  the European Community; whereas, in order to guarantee               A tender shall be valid only if it relates to an amount of
                                                                        not less than 1 000 tonnes.
  part of its supplies, a special invitation to tender for the
  refund or for the tax for the export of common wheat to
  this country should be opened in accordance with Article                                       Article 3
  4 of Regulation (EC) No 1501 /95;
                                                                       The security referred to in Article 5 (3a) of Regulation
 Whereas the detailed procedural rules governing invita­               (EC) No 1501 /95 shall be ECU 12 per tonne .
 tions to tender are, as regards the fixing of the export
 refund or export tax, in Regulation (EC) No 1501 /95;
 whereas the commitments on the part of the tenderer                                             Article 4
 include an obligation to lodge an application for an
 export licence; whereas compliance with this obligation               1 . Notwithstanding Article 21 ( 1 ) of Commission
 may be ensured by requiring tenderers to lodge a tende­               Regulation (EEC) No 3719/88 (*), export licences issued
 ring security of ECU 12 per tonne when they submit                    under Article 8 (1 ) of Regulation (EC) No 1501 /95 shall,
 their tenders;                                                        for the purpose of determining their period of validity, be
                                                                       deemed to have been issued on the day on which the
 Whereas it is necessary to provide for a specific period of           tender was submitted.
 validity for licences issued under that invitation to tender,
 whereas that period of validity must meet the needs of                2. Subject to the provisions of Article 1 of Commission
 Malta for the current marketing year, whereas the validity            Regulation (EC) No 1521 /94 (6) export licences issued in
 of the export licences should therefore be limited to 30              connection with the invitation to tender pursuant to this
June 1996;                                                             Regulation shall be valid from their date of issue, as
                                                                       defined in paragraph 1 , until 30 June 1996.
Whereas, in order to ensure the smooth operation of the
 tendering procedure, it is appropriate to prescribe a
 minimum quantity to be tendered for and a time limit                                            Article 5
 and form for the communication of tenders submitted to
the competent authorities;                                             1 . The Commission shall decide, pursuant to the
                                                                       procedure laid down in Article 23 of Regulation (EEC)
Whereas the Management Committee for Cereals has not                   No 1766/92:
delivered an opinion within the time limit set by its
chairman ,                                                            — to fix a maximum export refund, taking account in
                                                                            particular of the criteria laid down in Article 1 of
                                                                            Regulation (EC) No 1501 /95, or
(')  OJ    No L 181 , 1 . 7. 1992, p. 21 .
(2)  OJ    No L 179, 29. 7. 1995, p. 1 .
0    OJ   No  L 147, 30 . 6. 1995, p. 7.                              0 OJ No L 331 , 2. 12. 1988, p. 1 .
 4   OJ   No  L 18, 24. 1 . 1996, p. 10.                              (6) OJ No L 162, 30. 6. 1994, p. 47.
 ---pagebreak---  No L 60/8          | EN                Official Journal of the European Communities                                 9 . 3 . 96
— to fix a minimum export tax, taking into account in             half hours after expiry of the period for the weekly
     particular the criteria laid down in Article 1 of Regula­    submission of tenders as specified in the notice of invita­
     tion (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 make no award.
                                                                  Annex II .
2. Where a maximum export refund is fixed, a contract             If no tenders are received, Member States shall inform the
shall be awarded to any tenderer whose tender indicates a         Commission of this within the time limit indicated in the
rate of refund equal to or less than such maximum export          preceding paragraph.
refund.
                                                                                           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 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, 8 March 1996 .
                                                                           For the Commission
                                                                             Franz FISCHLER
                                                                       Member of the Commission
 ---pagebreak--- 9 . 3 . 96     EN               Official Journal of the European Communities                              No L 60/9
                                                     ANNEX I
             Weekly tender for the refund or the tax for the export of common wheat to Malta
                                            (Regulation (EC) No 429/96)
                              (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                                  I
                       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 .