CELEX: 31989R1626
Language: en
Date: 1989-06-10 00:00:00
Title: Commission Regulation (EEC) No 1626/89 of 9 June 1989 opening an invitation to tender for the refund and/or levy 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

10 . 6 . 89                                Official Journal of the European Communities                             No L 159/33
                                      COMMISSION REGULATION (EEC) No 1626/89
                                                           of 9 June 1989
                  opening an invitation to tender for the refund and/or levy 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,                           whereas compliance with this obligation may be ensured
                                                                      by requiring tenderers to lodge a tendering security of 12
                                                                      ECU per tonne when they submit their tenders ;
Having regard to the Treaty establishing the European
Economic Community,                                                   Whereas, in order to ensure equal treatment to all
                                                                      concerned, it is necessary to make provision such that the
Having regard to Council Regulation (EEC) No 2727/75                  periods of validity of licences issued are identical ;
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)            Whereas, in order to ensure the smooth operation of the
No 1213/89 (2),                                                       tendering procedure, it is appropriate to prescribe a
                                                                      minimum quantity to be tendered for and a time limit
                                                                      and form for the communication of tenders submitted to
Having regard to Council Regulation (EEC) No 2747/75                  the competent authorities ;
of 29 October 1975 laying down general rules to be
applied in the event of the cereals market being                      Whereas the measures provided for in this Regulation are
disturbed (3), as amended by Regulation (EEC) No                      in accordance with the opinion of the Management
2560/77 (4), and in particular Article 2 (1 ) thereof,                Committee for Cereals,
Having regard to Council Regulation (EEC) No 2746/75
of 29 October 1975 laying down general rules for granting             HAS ADOPTED THIS REGULATION :
export refunds on cereals and criteria for fixing the
amount of such refunds (*), and in particular Article 5
thereof,                                                                                        Article 1
Whereas, in view of the current situation on the cereal               1 . Tenders shall be invited for the export refund
markets, an invitation to tender for durum should be                  provided for in Article 5 of Regulation (EEC) No 2746/75
                                                                      and/or the export levy provided for in the first indent of
opened for the export refund referred to in Article 5 of
Regulation (EEC) No 2746/75 and, where the application                Article 2 (1 ) of Regulation (EEC) No 2747/75.
of the measures provided for in the first indent of Article           2.    The invitation to tender shall relate to durum for
2 (1 ) of Regulation (EEC) No 2747/75 proves necessary,               export to countries of zones I, II, III, IV, V, VI, VII, VIII,
for the export levy provided for therein ; whereas there is
demand for durum wheat on certain markets ; whereas, in               the German Democratic Republic and the Canary Islands,
order to ensure supply, the invitation to tender for export           defined in Annex I to Commission Regulation (EEC) No
                                                                      11 24/77 (»).
should be limited to exports to zones I, II, III, IV, V, VI,
VII, VIII, the German Democratic Republic and the                     3. The invitation shall remain open until 1 June 1990.
Canary Islands ;                                                      During this period weekly awards shall be made, for
                                                                      which the quantity and the time limits for the submission
Whereas the detailed procedural rules governing                       of tenders shall be as prescribed in the notice of invitation
                                                                      to tender.
invitations to tender are, as regards the fixing of the
export levy, laid down in Commission Regulation (EEC)
No 3130/73 0, as last amended by Regulation (EEC) No
                                                                                                Article 2
2788/86 (7), and, as regards the fixing of the export refund,
in Commission Regulation (EEC) No 279/75 (8), as last
amended by Regulation (EEC) No 2788/86 ; whereas the                  A tender shall be valid only if it relates to an amount of
                                                                      not less than 1 000 tonnes.
commitments on the part of the tenderer include an
obligation to lodge an application for an export licence ;
                                                                                                Article 3
(') OJ   No L 281 , 1 . 11 . 1975, p. 1 .
0   OJ   No L 128, 11 . 5. 1989, p. 1 .
(3) OJ   No L 281 , 1 . 11 . 1975, p. 82.                             The security referred to in Article 3 of Regulation (EEC)
(«) OJ   No L 303, 28 . 11 . 1977, p. 1 .                             No 3130/73 and in Article 3 of Regulation (EEC) No
0   OJ   No L 281 , 1 . 11 . 1975, p. 78.                             279/75 shall be 12 ECU per tonne.
(«) OJ   No L 319, 20. 11 . 1973, p. 10.
0   OJ   No L 257, 10. 9 . 1986, p. 32.
 8) OJ   No L 31 , 5. 2. 1975, p. 8 .                                 0 OJ No L 134, 28. 5. 1977, p. 53.
 ---pagebreak--- No L 159/34                             Official Journal of the European Communities                               10 . 6. 89
                           Article 4                              refund and to any tenderer who has tendered for an
                                                                  export levy.
1 . Notwithstanding Article 21 (1 ) of Commission
Regulation (EEC) No 3719/88 ('), export licences issued           Where a minimum export levy is fixed, a contract shall be
under Article 8 (1 ) of Regulation (EEC) No 3130/73 or            awarded to any tenderer whose tender indicates a rate of
under Article 8 (1 ) of Regulation (EEC) No 279/75 shall,         levy equal to or greater than such minimum export levy.
for the purpose of determining their period of validity, be
deemed to have been issued on the day on which the
tender was submitted.                                                                       Article 6
2. Export licences issued in connection with the                  Tenders submitted must reach the Commission through
invitation to tender pursuant to this Regulation shall be         the intermediary of Member States at the latest one and a
valid from their date of issue, as defined in paragraph 1 ,       half hours after expiry of the period for the weekly
until the end of the third month following that of issue.         submission of tenders as specified in the notice of
                                                                  invitation to tender. They must be communicated in the
                           Article 5                              form indicated in the Annex.
 1 . Notwithstanding Article 5 of Regulation (EEC) No             If no tenders are received, Member States shall inform the
3130/73 and Article 5 of Regulation (EEC) No 279/75,              Commission of this within the time limit indicated in the
the Commission shall decide, under the procedure laid             preceding paragraph.
down in Article 26 of Regulation (EEC) No 2727/75 : ...
— to fix a maximum export refund, taking account in
                                                                                            Article 7
     particular of the criteria laid down in Articles 2 and 3
     of Regulation (EEC) No 2746/75, or                           The time limits fixed for the submission of tenders shall
— to fix a minimum export levy, taking account in                 correspond to Belgian time.
     particular of the criteria laid down in Article 3 (1 ) (b)
     and (d) of Regulation (EEC) No 2747/75, or
— to make no award.                                                                         Article 8
2. Where a maximum export refund is fixed, a contract             This Regulation shall enter into force on the day
shall be awarded to any tenderer whose tender indicates a         following its publication in the Official Journal of the
rate of refund equal to or less than such maximum export           European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 9 June 1989.
                                                                            For the Commission
                                                                             Ray MAG SHARRY
                                                                       Member of the Commission
(') OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak--- 10 . 6. 89                        Official Journal of the European Communities                    No L 159/35
                                                        ANNEX
           Weekly tender for the refund and/or levy 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
                                             (Regulation (EEC) No 1626/89)
                                (Closing date for the submission of tenders (date/time))
                                                             I
                     1                     2                                    3
             Number of tenderer         Quantity                      Amount of export levy
                                       in tonnes                        in ECU per tonne
                     1
                     2          II\
                     3          li\
                     4                           ,    \
                     5          \\\
                   etc.
                                ||I
                                                             II
                     1                     2                                    3
             Number of tenderer         Quantity                     Amount of export refund
                                       in tonnes                        in ECU per tonne
                     1
                     2          Il
                     3          Il
                     4          \
                     5
                    etc.