CELEX: 31991R1144
Language: en
Date: 1991-05-04 00:00:00
Title: Commission Regulation (EEC) No 1144/91 of 3 May 1991 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 and VIII and the Canary Islands

4 . 5 . 91                                Official Journal of the European Communities                               No L 112/23
                                          COMMISSION REGULATION (EEC) No 1144/91
                                                            of 3 May 1991
                    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 and VIII 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 3577/90 (2),                                                      the competent authorities ;
                                                                      Whereas the measures provided for in this Regulation are
  Having regard to Council Regulation (EEC) No 2746/75                 in accordance with the opinion of the Management
  of 29 October 1975 laying down general rules for granting            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
  durum wheat to tender for the export refund provided for                                        Article 1
  in Article 5 of Regulation (EEC) No 2746/75 ; whereas, in
  order to ensure supply, the invitation to tender for export
  should be limited to zones I, II, III, IV, V, VI, VII and            1 . Tenders shall be invited for the export refund
  VIII and the Canary Islands ;                                        provided for in Article 5 of Regulation (EEC) No 2746/75 .
                                                                       2.     The invitation to tender shall relate to durum wheat
  Whereas the aim of the measure calls for the granting of             for export to the countries of zones I, II, III, IV, V, VI, VII
  the refund in respect only of durum wheat meeting                    and VIII and the Canary Islands as defined in Annex I to
  certain quality requirements which the competent agency              Commission Regulation (EEC) No 11 24/77 (6).
  is to ensure are met ;
                                                                       3.     The invitation shall remain open until 21 May 1992.
  Whereas the detailed procedural rules governing invita­              During this period weekly awards shall be made, for
                                                                      which the quantities and the time limits for the submis­
  tions to tender are, as regards the fixing of the export
  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 (5) ;
  whereas the commitments on the part of the tenderer
  include an obligation to lodge an application for an                 Notwithstanding Article 1 (2) of Regulation (EEC) No
  export licence ; whereas compliance with this obligation            279/75, the time-limit for submission of tenders under
  may be ensured by requiring tenderers to lodge a tender­            the first partial invitation to tender shall expire on 1 6 May
                                                                       1991 .
  ing security of ECU 12 per tonne when they submit 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 353, 17. 12. 1990, p. 23 .                             No 279/75 shall be ECU 12 per tonne .
 0    OJ  No L 281 , 1 . 11 . 1975, p. 78 .
 (4)  OJ  No L 31 , 5 . 2. 1975, p. 8 .
 (s)  OJ  No L 257, 10. 9. 1986, p. 32.                               (6) OJ No L 134, 28 . 5. 1977, p. 53.
 ---pagebreak---  No L 112/24                             Official Journal of the European Communities                                 4. 5 . 91
                             Article 4                             —   up to . 8 % broken grains,
 1 . Notwithstanding Article 21 ( 1 ) of Commission                —   up to 5 % sprouted grains,
 Regulation (EEC) No 3719/88 ('), export licences issued           —   a minimum specific weight of 76 kg/hi,
 under Article 8 (1 ) of Regulation (EEC) No 279/75 shall,         —   a minimum Hagberg falling number of 180 .
 for the purpose of determining their period of validity, be
 deemed to have been issued on the day on which the                To that end, the competent agency shall have an
 tender was submitted.                                             approved agency or company carry out an analysis of the
                                                                   goods loaded. Sampling and analysis costs shall be borne
 2. Export licences issued in connection with the invita­          by the successful tenderer.
 tion to tender pursuant to this Regulation shall be valid
                                                                   4. Where the quality does not correspond to that
 from their date of issue, as defined in paragraph 1 , until
 the end of the fourth month following thdt of issue.              defined in paragraph 3, the refund shall be reduced by
                                                                   ECU 50 per tonne.
                             Article 5
                                                                                            Article 6
  1 . Notwithstanding Article 5 of Regulation (EEC) No             Tenders submitted must reach the Commission through
 279/75, the Commission shall decide, under the proce­             the intermediary Member States, at the latest one and a
 dure laid down in Article 26 of Regulation (EEC) No               half hours after expiry of the period for the weekly
 2727/75 :
                                                                   submission of tenders as specified in the notice of invita­
 — 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 Articles 2 and 3     indicated in the Annex.
      of Regulation (EEC) No 2746/75, or
                                                                   If no tenders are received, Member States shall inform the
 — to make no award.                                               Commission of this within the time limit indicated in the
                                                                   preceding paragraph.
 2. Where a maximum export refund is fixed, a contract
 shall be awarded to any tenderer whose tender indicates a
                                                                                            Article 7
 rate of refund equal to or less than such maximum export
 refund.
                                                                   The time limits fixed for the submission of tenders shall
 3. A refund may only be granted where the quality of              correspond to Belgian time.
 the durum wheat exported is at least equal to the quality
 defined in Article 2 (2) of Commission Regulation (EEC)                                    Article 8
 No 1 569/77 (2), with the following exceptions :                  This Regulation shall enter into force on the day
— up to 14 % maximum which is not basic cereals of                 following its publication in the Official Journal of the
     unimpaired quality,                                           European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 3 May 1991 .
                                                                            For the Commission
                                                                              Ray MAC SHARRY
                                                                        Member of the Commission
(') OJ No L 331 , 2. 12. 1988 , p. 1 .
(2) OJ No L 174, 14. 7. 1977, p. 15.
 ---pagebreak--- 4. 5 . 91                     Official Journal of the European Communities                               No L 112/25
                                                      ANNEX
          Weekly tender for the refund for the export of durum wheat to countries of zones I, II , III ,
                               IV, V, VI, VII and VIII and the Canary Islands
                                           (Regulation (EEC) No 1144/91 )
                             (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
                   3
                  etc.