CELEX: 31989R0395
Language: en
Date: 1989-02-17 00:00:00
Title: Commission Regulation (EEC) No 395/89 of 16 February 1989 opening an invitation to tender for the refund for the export of common wheat to the Soviet Union

17. 2. 89                              Official Journal of the European Communities                              No L 45/13
                                    COMMISSION REGULATION (EEC) No 395/89
                                                    of 16 February 1989
                 opening an invitation to tender for the refund for die export of common wheat
                                                    to the Soviet Union
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European
Economic Community,                                                                         Article 1
Having regard to Council Regulation (EEC) No 2727/75              1 . Tenders shall be invited for the export refund
of 29 October 1975 on the common organization of the              provided for in Article 5 of Regulation (EEC) No 2746/75.
market in cereals ('), as last amended by Regulation (EEC)
No 166/89 0,                                                      2.     The invitation to tender shall relate to common
                                                                  wheat for export to the Soviet Union.
Having regard to Council Regulation (EEC) No 2746/75
of 29 October 1975 laying down general rules for granting         3. The invitation shall remain open until 16 March
export refunds on cereals and criteria for fixing the             1989. During this period weekly awards shall be made, for
amount of such refunds ^3), and in particular Article 5           which the quantities and the time limits for the submis­
thereof,                                                          sion of tenders shall be as prescribed in the notice of invi­
                                                                  tation to tender.
Whereas, in view of the current situation on the cereals
market, an invitation should be opened in respect of              By way of derogation from Article 1 (2) of Regulation
common wheat to tender for the export refund provided             (EEC) No 279/75, the time limit for submission of
for in Article 5 of Regulation (EEC) No 2746/75 ;                 tenders under the first partial invitation to tender shall
whereas, in order to ensure supply, the invitation to             expire on 23 February 1989.
tender for export should be limited to the Soviet Union ;
Whereas the detailed procedural rules governing invita­                                     Article 2
tions to tender are, as regards the fixing of the export
refund, laid down by Commission Regulation (EEC) No               Tenders shall be valid only if :
279/75 (4), as last amended by Regulation (EEC) No
2788/86 (*) ; whereas the commitments on the part of the          — they relate to not less than 100 000 tonnes,
tenderer include an obligation to lodge an application for        — they are accompanied by an application for advance
an export licence ; whereas compliance with this obliga­               fixing of the monetary compensatory amount.
tion may be ensured by requiring tenderers to lodge a
tendering security of ECU 12 per tonne when they
submit their tenders ;                                                                      Article 3
Whereas, in order to ensure that all those concerned are          The security referred to in Article 3 of Regulation (EEC)
treated equally, it is necessary to lay down that the period      No 279/75 shall be ECU 12 per tonne.
of validity of the licences issued should be identical ;
Whereas, since the interested parties are already aware of                                  Article 4
the terms of the invitation, a derogation may be made
from the provisions of Regulation (EEC) No 279/75 on               1 . Notwithstanding Article 21 (1 ) of Commission
the period that must elapse between the date of publica­          Regulation (EEC) No 3183/80(0, export licences issued
tion and the first closing date for the submission of             pursuant to Article 8 (1 ) of Regulation (EEC) No 279/75
tenders ;                                                         shall, for the purpose of determining their period of val­
                                                                  idity, be deemed to have been issued on the day on which
Whereas, in order to ensure the smooth operation of the           the tender was submitted.
present tendering procedure, it is appropriate to prescribe
a minimum quantity to be tendered for and a time limit            2. Export licences issued in connection with the invita­
and form for the communication of tenders submitted to            tion to tender pursuant to this Regulation shall be valid
the competent authorities ;                                       from their date of issue, as defined in paragraph 1 , until
                                                                  the end of the fourth month following that of issue.
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                  3.     For the purposes of applying paragraph 2, licences
Committee for Cereals,                                            issued in connection with this invitation to tender shall
                                                                  bear, in space 19, a statement of the last day of validity
0 OJ No L 281 , 1 . 11 . 1975, p. 1 .                             calculated in accordance with the provisions of the first
0 OI No L 20, 25. 1 . 1989, p. 16.                                subparagraph of paragraph 2.
0 OJ No L 281 , 1 . 11 . 1975, p. 78.
fa OJ No L 31 , 5. 2. 1975, p. 8.
(0 OJ No L 257, 10. 9. 1986, p. 32.                               « OJ No L 338, 13. 12. 1980, p. 1 .
 ---pagebreak--- No L 45/ 14                            Official Journal of the European Communities                                     17. 2. 89
                           Article 5                                   submission of tenders as specified in the notice of invita­
                                                                       tion to tender. They must be communicated in the form
1 . Notwithstanding Article 5 of Regulation (EEC) No                   indicated in Annex.
279/75, the Commission shall decide, under the pro­
cedure laid down in Article 26 of Regulation (EEC) No                                                     \
                                                                       If no tenders are received, Member States shall inform the
2727/75 :
                                                                       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                  The time limits fixed for the submission of tenders shall
shall be awarded to any tenderer whose tender indicates a              correspond to Belgian time.
rate of refund equal to or less than such maximum export
refund.
                                                                                                  Article 8
                           Article 6
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, 16 February 1989.
                                                                                 For the Commission
                                                                                  Ray MAC SHARRY
                                                                            Member of the Commission
                                                                ANNEX
                   Weekly tender for die refund for die export of common wheat to the Soviet Union
                                                     (Regulation (EEC) No 395/89)
                                      (Closing date for the submission of tenders (date/time))
                             1                 2                                       3
                          Number            Quantity                        Amount of export refund
                        of tenderer        in tonnes                           in ecus per tonne
                             1
                             2
                             3
                            etc.