CELEX: 31988R1449
Language: en
Date: 1988-05-28 00:00:00
Title: Commission Regulation (EEC) No 1449/88 of 27 May 1988 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

28 . 5. 88
No L 132/22                                  Official Journal of the European Communities
                                        COMMISSION REGULATION (EEC) No 1449/88
                                                             of 27 May 1988
                    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
                                                                        tion and the first closing date for the submission of
Having regard to the Treaty establishing the European                   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 1097/88 0,                                                           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
                                                                        Committee for Cereals,
export refunds on cereals and criteria for fixing the
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                1.    Tenders shall be invited , for the export refund
tion to tender for export should be limited to zones I,                 provided for in Article 5 of Regulation (EEC) No 2746/75.
II, III, IV, V, VI, VII, VIII, the German Democratic Repu­
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 o{ 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 11 24/77 (*).
certain that durum wheat exported is of this standard ;
                                                                         3.    The invitation shall remain open until 25 May 1989
Whereas the detailed procedural rules governing invita­                  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
                                                                         tation to tender.
last amended by Regulation (EEC) No 2788/86 (*) ;
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 2 June 1988 .
 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 terrtis 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)
 O   OJ  No  L  110, 29. 4. 1988, p. 7.                                  No 279/75 shall be 12 ECU per tonne..
 0   OJ  No  L  281 , 1 . 11 . 1975, p. 78 .
 (4) OJ  No  L  31 , 5. 2. 1975, p. 8 .
 n OJ No L 257, 9 . 9 . 1986, p. 32.                                     t6) OJ No L 134, 28. 5. 1977, p. 53.
 ---pagebreak---  28 . 5. 88                             Official Journal of the European Communities                           No L 132/23
                            Article 4                              Article 2 (2) of Commission Regulation (EEC) No
                                                                    1 569/77 (2) with the exception of broken grains : 8 %
  1 . Notwithstanding Article 21 (1 ) of Commission                maximum .
 Regulation (EEC) No 3183/80 ('), export licences issued
 under Article 8 (1 ) of Regulation (EEC) No 279/75 shall,         To that end the relevant agency shall have the wheat
 for the purpose of determining their period of validity, be       loaded analysed by an approved agency or firm.
 deemed to have been issued on the day on which the                Sampling and analysis costs shall be met by the tenderer.
 tender was submitted.
                                                                   4. Should the wheat not be of the quality specified in
 2. Export licences issued in connection with the invita­          paragraph 3, the refund shall be reduced by 50 ECU per
 tion to tender pursuant to this Regulation shall be valid         tonne .
 from their date of issue, as defined in paragraph 1 , until
 the end of the fourth month following that of issue.                                        Article 6
                                                                   Tenders submitted must reach the Commission through
                                                                   the intermediary Member States, at the latest one and a
                            Article 5                              half hours after expiry of the period for the weekly
                                                                   submission of tenders as specified in the notice of invita­
 1 . Notwithstanding Article 5 of Regulation (EEC) No              tion to tender. They must be communicated in the form
 279/75, the Commission shall decide, under the proce­             indicated in the Annex.
 dure laid down in Article 26 of Regulation (EEC) No
 2727/75 :                                                         If no tenders are received, Member States shall inform the
                                                                   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
                                                                                             Article 7
— to make no award.
                                                                   The time limits fixed for the submission of tenders shall
2. Where a maximum export refund is fixed, a contract              correspond to Belgian time.
shall be awarded to any tenderer whose tender indicates a
rate of refund equal to or less than such maximum export                                     Article 8
refund.
                                                                  This Regulation shall enter into force on the day
3. The refund may not be granted if the quality of the             following its publication in the Official Journal of the
durum wheat exported is inferior to the quality defined in         European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                                          V
                  Done at Brussels, 27 May 1988 .
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
(') OJ No L 338, 13. 12. 1980, p. 1 .                             (2) OJ No L 174, 14. 7. 1977, p. 15.
 ---pagebreak--- No L 132/24                      Official Journal of the European Communities                              28 . 5. 88
                                                       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 and the Canary Islands
                                 Closing date for the submission of tenders (date/time)
                     1                   2                                    3
                  Number              Quantity                     Amount of export refund
                of tenderer          in tonnes                        in ECU per tonne
                     1
                     2
                               I
                     3
                    etc.