31985R1393

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 provided for in Article 5 of Regulation (EEC) No Having regard to Council 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) as defined in Annex I to Regulation (EEC) No Having regard to Council Regulation (EEC) No 11 24/77 (% 2746/75 of 29 October 1975 laying down general rules 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 submission of tenders shall be as prescribed in the Whereas, in view of the current situation on 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 of not less than 1 000 tonnes . ensure supply, the invitation to tender for export 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 tender was submitted . concerned, it is necessary to make provision such that 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 1 . Notwithstanding Article 5 of Regulation (EEC) Committee for Cereals, No 279 /75, the Commission shall decide, under the procedure laid down in Article 26 of Regulation (EEC) No 2727 /75 : (') OJ No L 281 , 1 . 11 . 1975 , p. 1 . (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 .

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 cated in the preceding paragraph . 2. Where a maximum export refund is fixed, a contract shall be awarded to any tenderer whose tender Article 7 indicates a rate of refund equal to or less than such 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

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

Quantity Amount of export refund Number of tenderer in tonnes in national currency per tonne

1 2 3 I 4 \ 5 \

etc.