CELEX: 31996R0404
Language: en
Date: 1996-03-05 00:00:00
Title: COMMISSION REGULATION (EC) No 404/96 of 5 March 1996 opening an invitation to tender for the refund or the tax for the export of common wheat to Algeria and Morocco

6 . 3 . 96        I EN               Official Journal of the European Communities                              No L 55/ 15
                                       COMMISSION REGULATION (EC) No 404/96
                                                        of 5 March 1996
                   opening an invitation to tender for the refund or the tax for the export of
                                         common wheat to Algeria and Morocco
  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 tax
  of 30 June 1992 on the common organization of the                provided for in Article 4 of Regulation (EC) No 1501 /95.
  market in cereals ('), as last amended by Regulation (EC)
  No 1863/95 (2),                                                  2. The tendering procedure shall concern common
                                                                  wheat for export to Algeria and Morocco.
  Having regard to Commission Regulation (EC) No
  1501 /95 of 29 June 1995 laying down certain detailed            3. The invitation shall remain open until 28 March
  rules for the application of Council Regulation (EEC) No         1996. During this period weekly awards shall be made, for
  1766/92 on the granting of export refunds on cereals and        which the quantities and the time limits for the submis­
 the measures to be taken in the event of disturbance on          sion of tenders shall be as prescribed in the notice of invi­
                                                                  tation to tender.
 the market for cereals (3), as last amended by Regulation
 (EC) No 95/96 (4), and in particular Article 4 thereof,
                                                                                            Article 2
 Whereas supplying Algeria and Morocco with common
 wheat has been made difficult by the current situation on
 the world market; whereas those countries are traditional        A tender shall be valid only if it relates to an amount of
                                                                  not less than 1 000 tonnes .
 markets for the European Community; whereas, in order
 to guarantee part of their supplies, a special invitation to
 tender for the refund or for the tax for the export of                                     Article 3
 common wheat to those countries should be opened in
 accordance with Article 4 of Regulation (EC) No 1501 /95;        The security referred to in Article 5 (3a) of Regulation
                                                                  (EC) No 1501 /95 shall be ECU 12 per tonne.
 Whereas the detailed procedural rules governing invita­
 tions to tender are, as regards the fixing of the export
 refund or tax in Regulation (EC) No 1501 /95; whereas the                                  Article 4
 commitments on the part of the tenderer include an obli­
 gation to lodge an application for an export licence;            1.    Notwithstanding Article 21 ( 1 ) of Commission
 whereas compliance with this obligation may be ensured           Regulation (EEC) No 3719/88 (5), export licences issued
 by requiring tenderers to lodge a tendering security of         under Article 8 (1 ) of Regulation (EC) No 1501 /95 shall,
 ECU 12 per tonne when they submit 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
Algeria and Morocco for the current marketing year;              Regulation (EC) No 1521 /94 (6) export licences issued in
whereas the validity of the export licences should there­        connection with the invitation to tender pursuant to this
 fore be limited to 30 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 .
I1) OJ No L 179, 29. 7. 1995, p. 1 .
(3) OJ No L 147, 30. 6. 1995, p. 7.                              0 OJ No L 331 , 2. 12. 1988 , p. 1 .
h) OJ No L 18, 24. 1 . 1996, p. 10.                               6 OJ No L 162, 30. 6. 1994, p. 47.
 ---pagebreak---  No L 55/ 16         | EN I              Official Journal of the European Communities                                 6. 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 telefax 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
Tenders submitted must reach the Commission through                following its publication in the Official Journal of the
the intermediary Member States, at the latest one and a            European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 5 March 1996.
                                                                            For the Commission
                                                                              Franz FISCHLER
                                                                        Member of the Commission
 ---pagebreak--- 6. 3 . 96   | EN [             Official Journal of the European Communities                             No L 55/ 17
                                                     ANNEX I
          Weekly tender for the refund or the tax for the export of common wheat to Algeria and
                                                     Morocco
                                           (Regulation (EC) No 404/96)
                             (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 ECU per tonne          in ECU per tonne
                       1
                      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);
          — telefax:         — 295 25 15,
                             — 296 49 56 .