CELEX: 31987R1705
Language: en
Date: 1987-06-19 00:00:00
Title: Commission Regulation (EEC) No 1705/87 of 18 June 1987 opening an invitation to tender for the refund for the export of durum wheat to countries of zones I, II, III, IV, V, VI, VII, VIII, the German Democratic Republic and the Canary Islands

No L 159/ 12                                 Official Journal of the European Communities                                  19 . 6. 87
                                        COMMISSION REGULATION (EEC) No 1705/87
                                                            of 18 June 1987
                    opening an invitation to tender for the refund for the export of durum wheat to
                    countries of zones I, II, III, IV, V, VI, VII, VIII, the German Democratic Republic
                                                        and the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                             from the provisions of Regulation (EEC) No 279/75 on
                                                                        the period that must elapse between the date of publica­
Having regard to the Treaty establishing the European                   tion and the first closing date for the submission of
                                                                        tenders ;
Economic Community,
                                                                        Whereas, in order to ensure the smooth operation of the
Having regard to Council Regulation (EEC) No 2727/75                    tendering procedure, it is appropriate to prescribe a
of 29 October 1975 on the common organization of the                    minimum quantity to be tendered for and a time limit
market in cereals ('), as last amended by Regulation (EEC)              and form for the communication of tenders submitted to
No 1579/86 (2),                                                         the competent authorities ;
Having regard to Council Regulation (EEC) No 2746/75                    Whereas the measures provided for in this Regulation are
of 29 October 1975 laying down general rules for granting               in accordance with the opinion of the Management
export refunds on cereals and criteria for fixing the                   Committee for Cereals,
amount of such refunds (3), and in particular Article 5
thereof,
                                                                        HAS ADOPTED THIS REGULATION :
Whereas, in view of the current situation on the cereals
market, an invitation should be opened in respect of
bread-making wheat to tender for the export refund                                                Article 1
provided for in Article 5 of Regulation (EEC) No
2746/75 ; whereas, in order to ensure supply, the invita­
tion to tender for export should be limited to zones I,                  1 . Tenders shall be invited for the export refund
II, III, IV, V, VI, VII, VIII, the German Democratic Repu­              provided for in Article 5 of Regulation (EEC) No 2746/75.
blic and the Canary Islands ;
                                                                        2.     The invitation to tender shall relate to durum wheat
                                                                        for export to the countries of zones I, II, III, IV, V, VI,
Whereas the purpose of the measure is such that refunds                 VII, VIII, the German Democratic Republic and the
should be granted only on durum wheat of the quality                     Canary Islands as defined in Annex I to Commission
required ; whereas the competent agency must make                        Regulation (EEC) No 1 1 24/77 (*).
certain that durum wheat exported is of this standard ;
                                                                         3 . The invitation shall remain open until 1 October
Whereas the detailed procedural rules governing invita­                  1987. During this period weekly awards shall be made, for
tions to tender are, as regards the fixing of the export                which the quantities and the time limits for the submis­
refund, in Commission Regulation (EEC) No 279/75 (4), as                 sion of tenders shall be as prescribed in the notice of invi­
last amended by Regulation (EEC) No 2788/86 (*) ;                        tation to tender.
whereas the commitments on the part of the tenderer
include an obligation to lodge an application for an                     By way of derogation from Article 1 (2) of Regulation
export licence ; whereas compliance with this obligation                 (EEC) No 279/75, the time limit for submission of
 may be ensured by requiring tenderers to lodge a tende­                 tenders under the first partial invitation to tender shall
 ring security of 12 ECU per tonne when they submit                      expire on 25 June 1987.
 their tenders ;
                                                                                                   Article 2
Whereas, in order to ensure that all those concerned are
 treated equally, it is necessary to lay down that the period            A tender shall be valid only if it related to an amount of
 of validity of the licences issued should be identical ;                not less than 1 000 tonnes.
Whereas, since the interested parties are already aware of
 the terms of the invitation, a derogation may be made                                             Article 3
 (') OJ  No  L  281 , 1 . 11 . 1975, p. 1 .                              The security referred to in Article 3 of Regulation (EEC)
 (2) OJ  No  L  139, 24. 5. 1986, p. 29.                                 No 279/75 shall be 12 ECU per tonne.
 (3) OJ  No  L  281 , 1 . 11 . 1975, p. 78 .
 (4) OJ  No  L  31 , 5. 2. 1975, p. 8.
 0   OJ  No  L  257, 9. 9. 1986, p. 32.                                  0 OJ No L 134, 28 . 5. 1977, p. 53.
 ---pagebreak--- 19 . 6 . 87                              Official Journal of the European Communities                           No L 159/ 13
                            Article 4                              rate of refund equal to or less than such maximum export
                                                                    refund.
1 . Notwithstanding Article 21 (1 ) of Commission
Regulation (EEC) No 3183/80 ('), export licences issued
under Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall,                                   Article 6
for the purpose of determining their period of validity, be
deemed to have been issued on the day on which the                 Tenders submitted must reach the Commission through
tender was submitted.                                               the intermediary Member States, at the latest one and a
                                                                    half hours after expiry of the period for the weekly
2. Export licences issued in connection with the invita­            submission of tenders as specified in the notice of invita­
tion to tender pursuant to this Regulation shall be valid           tion to tender. They must be communicated in the form
from their date of issue, as defined in paragraph 1 , until         indicated in the Annex.
the end of the fourth month following that of issue.
                                                                    If no tenders are received, Member States shall inform the
                                                                    Commission of this within the time limit indicated in the
                            Article 5                               preceding paragraph.
1 . Notwithstanding Article 5 of Regulation (EEC) No
279/75, the Commission shall decide, under the proce­                                        Article 7
dure laid down in Article 26 of Regulation (EEC) No
2727/75 :                                                           The time limits fixed for the submission of tenders shall
                                                                    correspond to Belgian time.
— to fix a maximum export refund, taking account in
      particular of the criteria laid down in Articles 2 and 3
      of Regulation (EEC) No 2746/75, or                                                     Article 8
— to make no award.
                                                                    This Regulation shall enter into force on the day
 2. Where a maximum export refund is fixed, a contract              following its publication in the Official Journal of the
 shall be awarded to any tenderer whose tender indicates a           European Communities.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 18 June 1987.
                                                                              For the Commission
                                                                               Frans ANDRIESSEN
                                                                                  Vice-President
  (') OJ No L 338, 13. 12. 1980, p. 1 .
 ---pagebreak--- No L 159 / 14                     Official Journal of the European Communities                             19 . 6 . 87
                                                        ANNEX
              Weekly tender for the refund for the export of durum wheat to countries of zones I, II, III,
                 IV, V, VI, VII, VIII, the German Democratic Republic arid the Canary Islands
                                 (Closing date for the submission of tenders (date/time))
                       l                  2                                    3
                    Number             Quantity                     Amount of expprt refund
                  of tenderer         in tonnes                        in ECU per tonne
                       1
                       2
                       3
                      etc .