31985R1391

No L 140 / 10 Official Journal of the European Communities 29 . 5 . 85

COMMISSION REGULATION (EEC) No 1391/85 of 28 May 1985 opening an invitation to tender for the refund for the export of common wheat to countries of zones I, II a), III , IV a) and b), V, VI, VII and the German Democratic Republic

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the opinion of the Management Committee for Cereals, Having regard to the Treaty establishing the European Economic Community, HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organi­ Article 1 zation of the market in cereals ('), as last amended by Regulation (EEC) No 1018/84 (2), 1 . Tenders shall be invited for the export refund provided for in Article 5 of Regulation (EEC) No Having regard to Council Regulation (EEC) No 2746/75. 2746/75 of 29 October 1975 laying down general rules 2 . The invitation to tender shall relate to common for granting export refunds on cereals and criteria for fixing the amount of such refunds (3), and in particular wheat for export to the countries of zones I, II a), III, Article 5 thereof, IV a) and b), V, VI, VII and the German Democratic Republic . Whereas, in view of the current situation on the 3 . The invitation shall remain open until 26 June cereals market, an invitation should be opened in 1986. During this period weekly awards shall be made, respect of common wheat to tender for the export for which the quantities and the time limits for the refund provided for in Article 5 of Regulation (EEC) submission of tenders shall be as prescribed in the No 2746/75 ; whereas, in order to ensure supply, the notice of invitation to tender. invitation to tender for export should be limited to zones I, II a), III, IV a) and b), V, VI, VII and the Article 2 German Democratic Republic ;

A tender shall be valid only if it relates to an amount Whereas the detailed procedural rules governing of not less than 1 000 tonnes . invitations to tender are, as regards the fixing of the export refund, in Commission Regulation (EEC) No 279/75 (4), as amended by Regulation (EEC) No Article 3 2944/78 (*) ; whereas the commitments on the part of The security referred to in Article 3 of Regulation the tenderer include an obligation to lodge an applica­ (EEC) No 279/75 shall be 12 ECU per tonne. tion for an export licence ; whereas compliance with this obligation may be ensured by requiring tenderers to lodge a tendering security of 12 ECU per tonne Article 4 when they submit their tenders ; 1 . Notwithstanding Article 21 ( 1 ) of Regulation Whereas, in order to ensure that all those concerned (EEC) No 3183/ 80 (6), export licences issued under are treated equally, it is necessary to lay down that the Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, for period of validity of the licences issued should be the purpose of determining their period of validity, be identical ; whereas, however, a special period of validity deemed to have been issued on the day on which the tender was submitted . should be laid down for exports to the People's Republic of China ; 2. Export licences issued in connection with the invitation to tender pursuant to this Regulation shall Whereas, in order to ensure the smooth operation of be valid from their date of issue, as defined in para­ the tendering procedure, it is appropriate to prescribe graph 1 , until the end of the fourth month following a minimum quantity to be tendered for and a time that of issue . limit and form for the communication of tenders submitted to the competent authorities ; However, for exports to the People's Republic of China, licences shall be valid from their date of issue (') OJ No L 281 , 1 . 11 . 1975, p . 1 . as defined in paragraph 1 until the end of the sixth 0 OJ No L 107, 19 . 4. 1984, p. 1 . month following. (3) OJ No L 281 , 1 . 11 . 1975, p. 78 . (4) OJ No L 31 , 5 . 2. 1975, p. 8 . 0 OJ No L 351 , 15. 12. 1978 , p . 16 . (") OJ No L 388 , 13 . 12 . 1980 , p. 1 .

29 . 5 . 85 No L 140/ 11 Official Journal of the European Communities

Article 5 3. For the purposes of applying paragraph 2, licences issued in connection with this invitation to 1 . Notwithstanding Article 5 of Regulation (EEC) tender shall bear, in space 1,9 , a statement of the last No 279 /75 , the Commission shall decide , under the day of validity calculated in accordance with the provi­ procedure laid down in Article 26 of Regulation (EEC) sions of the first subparagraph of paragraph 2. They No 2727/75 : shall also bear, in space 18 , a statement of the last day of validity calculated in accordance with the provisions — to fix a maximum export refund, taking account in of the second subparagraph of paragraph 2 ; for this particular of the criteria laid down in Articles 2 purpose, one of the following statements shall be and 3 of Regulation (EEC) No 2746/75, or entered in space 18 : — to make no award . — 'Sidste gyldighedsdag ved udførsel til Den kine­ 2. Where a maximum export refund is fixed, a siske Folkerepublik : , Forordning (EØF) nr. contract shall be awarded to any tenderer whose tender 1391 /85.' indicates a rate of refund equal to or less than such — ' Letzter Gültigkeitstag bei Ausfuhr in die Volks­ maximum export refund. republik China : , Verordnung (EWG) Nr. 1391 / 85 .' Article 6 — 'Σε περίπτωση εξαγωγής προς τη Λαϊκή Δημο­ Tenders submitted must reach the Commission κρατία της Κίνας, τελευταία ημέρα ισχύος : through the intermediary Member States, at the latest , Κανονισμός ( ΕΟΚ ) αριθ. 1391 /85 .' one and a half hours after expiry of the period for the — 'In case of export to the People s Republic of weekly submission of tenders as specified in the notice China, last day of validity : , Regulation of invitation to tender. They must be communicated (EEC) No 1391 /85 .' in the form indicated in the Annex . — 'En cas d exportation vers la république populaire If no tenders are received, Member States shall inform de Chine, dernier jour de validité : , règle­ the Commission of this within the time limit indi­ ment (CEE) n° 1391 /85. cated in the preceding paragraph. — 'In caso di esportazione verso la Repubblica popo­ lare di Cina, ultimo giorno di validità : , Article 7 Regolamento (CEE) n. 1391 /85. The time limits fixed for the submission of tenders — ' In geval van uitvoer naar de Volksrepubliek China, shall correspond to Belgian time . laatste geldigheidsdag : , Verordening (EEG) nr. 1391 /85 . Article 8

Where the licence is used after the date given in space This Regulation shall enter into force on the day 19, it shall carry the obligation to export to the following its publication in the Official Journal of the People's Republic of China. 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

No L 140/ 12 ficial Journal of the European Communities 29 . 5 . 85

ANNEX

Weekly tender for the refund for the export of common wheat to countries of zones I , II a), III , IV a) and b), V, VI , VII and the German Democratic Republic

(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 4 5 etc .