CELEX: 31985R1393
Language: en
Date: 1985-05-29 00:00:00
Title: Commission Regulation (EEC) No 1393/85 of 28 May 1985 opening an invitation to tender for the refund for the export of common wheat to countries of zones IV c) and d)

No L 140/ 16                             Official Journal of the European Communities                             29 . 5 . 85
                                    COMMISSION REGULATION (EEC) No 1393/85
                                                         of 28 May 1985
              opening an invitation to tender for the refund for the export of common wheat
                                               to countries of zone IV c) and d)
THE COMMISSION OF THE EUROPEAN                                      HAS ADOPTED THIS REGULATION :
COMMUNITIES,
                                                                                            Article 1
Having regard to the Treaty establishing the European
Economic Community,
                                                                    1 . Tenders shall be invited for the export refund
Having regard to Council Regulation (EEC) No                        provided for in Article 5 of Regulation (EEC) No
                                                                    2746/75.
2727/75 of 29 October 1975 on the common organi­
zation of the market in cereals ('), as last amended by             2.   The invitation to tender shall relate to common
Regulation (EEC) No 1018/84 (2),                                   wheat for export to the countries of zone IV c) and d)
Having regard to Council Regulation (EEC) No                       as defined in Annex I to Regulation (EEC) No
2746/75 of 29 October 1975 laying down general rules                11 24/77 (%
for granting export refunds on cereals and criteria for            3 . The invitation shall remain open until 26 June
fixing the amount of such refunds (3), and in particular            1986. During this period weekly awards shall be made,
Article 5 thereof,
                                                                   for which the quantity and the time limits for the
Whereas, in view of the current situation on the                   submission of tenders shall be as prescribed in the
                                                                    notice of invitation to tender.
cereals market, an invitation should be opened in
respect of common wheat to tender for the export
refund provided for in Article 5 of Regulation (EEC)                                        Article 2
No 2746/75 ; whereas there is demand for common
wheat on certain specific markets ; whereas, in order to           A tender shall be valid only if it relates to an amount
ensure supply, the invitation to tender for export                 of not less than 1 000 tonnes .
should be limited to zone IV c) and d) ;
                                                                                            Article 3
Whereas the detailed procedural rules governing
invitations to tender are, as regards the fixing of the            The security referred to in Article 3 of Regulation
export refund, in Commission Regulation (EEC) No                   (EEC) No 279/75 shall be 12 ECU per tonne.
279/75 (4), as amended by Regulation (EEC) No
2944/78 (*) ; whereas the commitments on the part of
the tenderer include an obligation to lodge an applica­                                     Article 4
tion for an export licence ; whereas compliance with
this obligation may be ensured by requiring tenderers               1 . Notwithstanding Article 21 ( 1 ) of Regulation
to lodge a tendering security of 12 ECU per tonne                  (EEC) No 3183/80 Q, export licences issued under
when they submit their tenders ;                                   Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, for
                                                                   the purpose of determining their period of validity, be
Whereas, in order to ensure equal treatment to all                 deemed to have been issued on the day on which the
concerned, it is necessary to make provision such that             tender was submitted .
the periods of validity of licences issued are identical ;
                                                                   2.     Export licences issued in connection with the
Whereas, in order to ensure the smooth operation of                invitation to tender pursuant to this Regulation shall
the tendering procedure, it is appropriate to prescribe            be valid from their date of issue, as defined in para­
a minimum quantity to be tendered for and a time                   graph 1 , until the end of the fourth month following
limit and form for the communication of tenders                    that of issue .
submitted to the competent authorities ;
                                                                                            Article 5
Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Management
Committee for Cereals,                                              1.    Notwithstanding Article 5 of Regulation (EEC)
                                                                    No 279/75, the Commission shall decide, under the
                                                                    procedure laid down in Article 26 of Regulation (EEC)
(') OJ  No L  281 , 1 . 11 . 1975 , p. 1 .                          No 2727/75 :
(2) OJ  No L  107, 19. 4. 1984, p. 1 .
(') OJ  No L  281 , 1 . 11 . 1975, p. 78 .
(4) OJ  No L  31 , 5 . 2 . 1975, p. 8 .                            (6) OJ No L 134, 28 . 5. 1977, p. 53.
0   OJ  No L  351 , 15 . 12 . 1978 , p . 16.                       0 OJ No L 388 , 13 . 12. 1980, p. 1 .
 ---pagebreak--- 29 . 5. 85                          Official Journal of the European Communities                         No L 140/ 17
— to fix a maximum export refund, taking account in           the notice of invitation to tender. They must be
     particular of the criteria laid down in Articles 2       communicated in the form indicated in the Annex.
     and 3 of Regulation (EEC) No 2746/75, or
                                                              If no tenders are received, Member States shall inform
—     to make no award.
                                                              the Commission of this within the time limit indi­
2. Where a maximum export refund is fixed, a                  cated in the preceding paragraph .
contract shall be awarded to any tenderer whose tender
indicates a rate of refund equal to or less than such                                 Article 7
maximum export refund.                                        The time limits fixed for the submission of tenders
                                                              shall correspond to Belgian time.
                        Article 6
                                                                                      Article 8
Tenders     submitted   must    reach  the   Commission
through the intermediary of Member States at the              This Regulation shall enter into force on the day
latest, one and a half hours after expiry of the period       following its publication in the Official Journal of the
for the weekly submission of tenders as specified in          European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 28 May 1985.
                                                                       For the Commission
                                                                        Frans ANDRIESSEN
                                                                           Vice-President
 ---pagebreak--- No L 140 / 18                     Official Journal of the European Communities                     29 . 5. 85
                                                        ANNEX
            Weekly tender for the refund for the export of common wheat to countries of zone IV c)
                                                         and d)
                                 (Closing date for the submission of tenders (date/time))
                      1                     2                                     3
              Number of tenderer         Quantity                     Amount of export refund
                                        in tonnes                  in national currency per tonne
                     1
                     2
                     3           I
                     4           \
                     5           \
                    etc.