CELEX: 31996R2264
Language: en
Date: 1996-11-27 00:00:00
Title: COMMISSION REGULATION (EC) No 2264/96 of 27 November 1996 opening an invitation to tender for the refund for the export of durum wheat to all third countries

No L 306/20          [ EN               Official Journal of the European Communities                                   28 . 11 . 96
                                            COMMISSION REGULATION (EC) No 2264/96
                                                          of 27 November 1996
                        opening an invitation to tender for the refund for the export of durum wheat to
                                                            all third countries
      THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           2. The tendering procedure shall concern durum wheat
                                                                            for export to all third countries.
      Having regard to the Treaty establishing the European
      Community,
                                                                            3.   The invitation shall remain open until 29 May 1997.
      Having regard to Council Regulation (EEC) No 1766/92                  During this period weekly awards shall be made, for
     of 30 June 1992 on the common organization of the                     which the quantities and the time limits for the sub­
     market in cereals ('), as last amended by Commission                  mission of tenders shall be as prescribed in the notice of
     Regulation (EC) No 923/96 (2),                                        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 95/96 (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
    durum wheat, to tender for the export refund 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               The security referred to in Article 5 (3a) of Regulation
    refund in Regulation (EC) No 1501 /95; whereas the                    (EC) No 1501 /95 shall be ECU 12 per tonne .
    commitments on the part of the tenderer include an obli­
    gation to lodge an application for an export licence;
    whereas compliance with this obligation may be ensured
    by requiring tenderers to lodge a tendering security of
                                                                                                   Article 4
    ECU 12 per tonne when they submit 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 (5), export licences issued
   world market for the 1996/97 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 1 521 /94 (6) 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
 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 1 766/92 :
(')    OJ  No  L 181 , 1 . 7. 1992, p. 21 .
(2)    OJ  No  L 126, 24. 5. 1996, p. 37.
(-1)   OJ  No  L 147, 30 . 6. 1995, p. 7.                              (5) OJ No L 331 , 2. 12. 1988 , p. 1 .
  4    OJ  No  L 18 , 24. 1 . 1996, p. 10 .                            (") OJ No L 162, 30. 6. 1994, p. 47.
 ---pagebreak---  28 . 11 . 96         EN               Official Journal of the European Communities                           No L 306/21
 — to fix a maximum export refund, taking account in              tion to tender. They must be communicated in the form
     particular of the criteria laid down in Article 1 of         indicated in Annex I, to the telex or fax numbers in
     Regulation (EC) No 1501 /95, or                              Annex II .
— to make no award .                                              If no tenders are received, Member States shall inform the
                                                                  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 .
                                                                 The time limits fixed for the submission of tenders shall
                                                                 correspond to Belgian time .
                          Article 6
                                                                                           Article 8
Tenders submitted must reach the Commission through
the intermediary Member States, at the latest one and a          This Regulation shall enter into force on the day
half hours after expiry of the period for the weekly             following its publication in the Official Journal of the
submission of tenders as specified in the notice of invita­      European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 27 November 1996 .
                                                                          For the Commission
                                                                             Franz FISCHLER
                                                                      Member of the Commission
 ---pagebreak--- No L 306/22   PENl               Official Journal of the European Communities                   28 . 11 . 96
                                                        ANNEX I
              Weekly tender for the refund for the export of durum wheat to all third countries
                                              (Regulation (EC) No 2264/96)
                               (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.
                                                  I
                                                       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);
            — fax :           — 295 25 1 5,
                              — 296 49 56 .