CELEX: 31995R0408
Language: en
Date: 1995-02-27 00:00:00
Title: COMMISSION REGULATION (EC) No 408/95 of 27 February 1995 opening an invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland or Sweden to all third countries

28. 2. 95           ( ENl               Official Journal of the European Communities                             No L 44/ 19
                                       COMMISSION REGULATION (EC) No 408/95
                                                     of 27 February 1995
                   opening an invitation to tender for the refund for the export of oats produced in
                     Finland and S^^eden for export from Finland or S^^eden to all third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas, in order to ensure the smooth operation of the
                                                                  tendering procedure, it is appropriate to prescribe a
Having regard to the Treaty establishing the European             minimum quantity to be tendered for and a time limit
Community,                                                        and form for the communication of tenders submitted to
                                                                  the competent authorities ;
Having regard to the Act of Accession of Norway, Austria,
                                                                  Whereas the measures provided for in this Regulation are
Finland and Sweden to the European Union, and in parti­
cular Article 149 thereof,                                        in accordance with the opinion of the Management
                                                                  Committee for Cereals,
Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organization of the
market in cereals ('), as last amended by the Act of Acces­       HAS ADOPTED THIS REGULATION :
sion of Austria, Finland and Sweden, and in particular
Article 13 thereof,
                                                                                            Article 1
Whereas Commission Regulation (EEC) No 1533/93 (2),
as last amended by Regulation (EC) No 3304/94 (3) lays            1.     Tenders shall be invited for the export refund as
down certain detailed rules for granting export refunds           provided for in Article 5 of Regulation (EEC) No 1533/93.
under Regulation (EEC) No 1766/92 ; whereas Article 5
provides that export refunds on the products listed in            2.     The    tendering   procedure   shall   concern    oats
Article 1 (1 ) (a) and (b) of Regulation (EEC) No 1766/92         produced in Finland and Sweden for export from Finland
                                                                  or Sweden to all third countries.
may be fixed by invitation to tender ;
                                                                  3.     The invitation shall remain open until 18 May 1995.
Whereas the change in the support regime in relation to           During this period weekly awards shall be made, for
cereals on the accession of Finland and Sweden to the
                                                                  which the quantities and the time limits for the submis­
European Union has made necessary transitional                    sion of tenders shall be as prescribed in the notice of invi­
measures allowing export refunds to be paid on oats               tation to tender.
produced in Finland and Sweden, which are exported
from those Member States, in order to enable a continua­
tion of the traditional practice of exporting oats ; whereas                                 Article 2
an invitation to tender should be opened to tender for
such refunds, in accordance with Article 5 of Regulation          A tender shall be valid only if :
(EEC) No 1533/93 ;
                                                                  (a) the oats to which the tender refers were produced in
                                                                       Finland and Sweden ;
Whereas the detailed procedural rules governing invita­
tions to tender are set out in Regulation (EEC) No                (b) it is accompanied by an undertaking by the tenderer
1533/93 ; whereas the commitments on the part of the                   to export the oats from Finland or Sweden ;
tenderer include an obligation to lodge an application for
an export licence ; whereas compliance with this obliga­          (c) it relates to an amount of not less than 1 000 tonnes ;
                                                                       and
tion may be ensured by requiring tenderers to lodge a
tendering security of ECU 12 per tonne when they                  (d) it is lodged with the Finnish or Swedish intervention
submit their tenders ;
                                                                       agency, as the case may be.
Whereas it is necessary to specify the exact duration of          Where the undertaking referred to in subparagraph (b) is
validity of the licences issued under this tendering proce­       not fulfilled, the security referred to in Article 12 of
dure ; whereas the period of validity must correspond to          Commission Regulation (EEC) No 891 /89 (4) shall be
the current requirements of the world market ;                    forfeited except in cases of force majeure.
Whereas, in order to ensure that all those concerned are
                                                                                             Article 3
treated equally, it is necessary to lay down that the period
of validity of the licences issued should be identical ;
                                                                  The security referred to in Article 6 of Regulation (EEC)
                                                                   No 1533/93 shall be ECU 12 per tonne.
(') OJ No L 181 , 1 . 7. 1992, p. 21 .
(2) OJ No L 151 , 23. 6. 1993, p. 15.
(3) OJ No L 341 , 30. 12. 1994, p. 48 .                           (4) OJ No L 94, 7. 4. 1989, p. 13 .
 ---pagebreak---  No L 44/20           EN               Official Journal of the European Communities                                28 . 2. 95
                           Article 4                                                      Article 6
 1 . Notwithstanding Article 21 (1) of Commission
 Regulation (EEC) No 3719/88 ('), export licences issued         Tenders shall be communicated to the Commission by
 under Article 9 (1 ) of Regulation (EEC) No 1533/93 shall,      Member States, at the latest one and a half hours after
 for the purpose of determining their period of validity, be     expiry of the period for the weekly submission of tenders
 deemed to have been issued on the day on which the              as specified in the notice of invitation to tender. They
 tender was submitted.                                           must be communicated in the form indicated in Annex I,
                                                                 to the telex or telefax numbers in Annex II.
 2. Subject to the provisions of Article 1 of Commission
 Regulation (EC) No 1521 /94 (2) export licences issued in
 connection with the invitation to tender pursuant to this       If no tenders are received, Member States shall inform the
                                                                 Commission of this within the time limit indicated in the
 Regulation shall be valid from their date of issue, as
 defined in paragraph 1 , until the end of the fourth month      preceding paragraph.
 following that of issue.
                           Article 5                                                      Article 7
 1 . The Commission shall decide, under the procedure
 laid down in Article 23 of Regulation (EEC) No 1766/92 :        The time limits fixed for the submission of tenders shall
— to fix a maximum export refund, taking account in              correspond to Belgian time.
     particular of the criteria laid down in Articles 2 of
     Regulation (EEC) No 1533/93, or
— to make no award.                                                                       Article 8
2. Where a maximum export refund is fixed, a contract
shall be awarded to any tenderer whose tender indicates a        This Regulation shall enter into force on the day
rate of refund equal to or less than such maximum export         following its publication in the Official Journal of the
refund.                                                          European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 27 February 1995.
                                                                          For the Commission
                                                                             Franz FISCHLER
                                                                      Member of the Commission
(') OJ No L 331 , 2. 12. 1988, p. 1 .
(2) OJ No L 162, 30. 6. 1994, p. 47.
 ---pagebreak--- 28. 2. 95   PEN                  Official Journal of the European Communities               No L 44/21
                                                       ANNEX I
                 Weekly tender for the refund for the export of oats to all third countries
                                              (Regulation (EC) No 408/95)
                               (Closing date for the submission of tenders (date/time))
                    1                   2                                    3
                 Number              Quantity                      Amount of export refund
                of tender           in tonnes                         in ecu per tonne
                    1
                    2
                    3
                   etc.
                                                       ANNEX II
          The only numbers to use to call Brussels (DG VI-C-1 , External Market) are :
          — telex :       22037 AGREC B
                          22070 AGREC B (Greek characters)
          — telefax :     295 01 32
                          296 10 97
                          236 25 15