31987R1373

No L 130/ 14 Official Journal of the European Communities 20 . 5. 87

COMMISSION REGULATION (EEC) No 1373/87 of lb May 1987

opening an invitation to tender for the refund for the export of bread-making wheat to countries of zones I , II a), III , IV, V, VI, VII, the German Democratic Republic and the Canary Islands

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, since the interested parties are already aware of the terms of the invitation, a derogation may be made from the provisions of Regulation (EEC) No 279/75 on Having regard to the Treaty establishing the European the period that must elapse between the date of publica­ Economic Community, tion and the first closing date for the submission of tenders ; Having regard to Council Regulation (EEC) No 2727/75 Whereas, in order to ensure the smooth operation of the of 29 October 1975 on the common organization of the tendering procedure, it is appropriate to prescribe a market in cereals ('), as last amended by Regulation (EEC) minimum quantity to be tendered for and a time limit No 1579/86 (2), and form for the communication of tenders submitted to the competent authorities ; Having regard to Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for granting Whereas the measures provided for in this Regulation are export refunds on cereals and criteria for fixing the in accordance with the opinion of the Management amount of such refunds (3), and in particular Article 5 Committee for Cereals, thereof,

Whereas, in view of the current situation on the cereals market, an invitation should be opened in respect of HAS ADOPTED THIS REGULATION : bread-making wheat to tender for the export refund provided for in Article 5 of Regulation (EEC) No 2746/75 ; whereas, in order to ensure supply, the invita­ Article 1 tion to tender for export should be limited to zones I, II a), III, IV, V, VI, VII, the German Democratic Republic 1 . Tenders shall be invited for the export refund and the Canary Islands ; provided for in Article 5 of Regulation (EEC) No 2746/75.

Whereas the purpose of the measure is such that refunds 2. The invitation to tender shall relate to bread-making should be granted only on wheat of the quality required ; wheat for export to the countries of zones I, II a), III, IV, whereas the competent agency must make certain that V, VI, VII, the German Democratic Republic and the wheat exported is of this standard ; Canary Islands as defined in Annex I to Commission Regulation (EEC) No 11 24/77 (6).

Whereas the detailed procedural rules governing invita­ 3 . The invitation shall remain open until 30 April tions to tender are, as regards the fixing of the export 1988 . During this period weekly awards shall be made, for refund, in Commission Regulation (EEC) No 279/75 (4), as which the quantities and the time limits for the submis­ amended by Regulation (EEC) No 2944/78 Q ; whereas sion of tenders shall be as prescribed in the notice of invi­ the commitments on the part of the tenderer include an tation to tender . obligation to lodge an application 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 when they submit their tenders ; Article 2

A tender shall be valid only if it related to an amount of Whereas, in order to ensure that all those concerned are not less than 1 000 tonnes . treated equally, it is necessary to lay down that the period of validity of the licences issued should be identical ; whereas, however, a special period of validity should be Article 3 laid down for exports to the People's Republic of China ;

The security referred to in Article 3 of Regulation (EEC) (') OJ No L 281 , 1 . 11 . 1975, p. 1 . h) OJ No L 139, 24. 5. 1986, p. 29. No 279/75 shall be 12 ECU per tonne . (3) OJ No L 281 , 1 . 11 . 1975, p. 78 . b) OJ No L 31 , 5. 2. 1975, p. 8 . n OJ No L 351 , 15. 12. 1978, p. 16. 0 OJ No L 134, 28 . 5 . 1977, p. 53 .

20 . 5 . 87 No L 130/ 15 Official Journal of the European Communities

Article 4 where the licence is used after the date given in space 19, it shall carry the obligation to export to the People's Republic of China. 1 . Notwithstanding Article 21 ( 1 ) of Commission Regulation (EEC) No 3183/80 ('), export licences issued under Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, Article 5 for the purpose of determining their period of validity, be deemed to have been issued on the day on which the tender was submitted . 1 . Notwithstanding Article 5 of Regulation (EEC) No 279/75, the Commission shall decide, under the proce­ dure laid down in Article 26 of Regulation (EEC) No 2. Export licences issued in connection with the invita­ 2727/75 : tion to tender pursuant to this Regulation shall be valid from their date of issue, as defined in paragraph 1 , until — to fix a maximum export refund, taking account in the end of the fourth month following that of issue. particular of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2746/75, or

— to make no award . However, for exports to the People's Republic of China, licences shall be valid from their date of issue as defined in paragraph 1 until the end of the sixth month follo­ 2. Where a maximum export refund is fixed, a contract wing. shall be awarded to any tenderer whose tender indicates a rate of refund equal to or less than such maximum export refund . 3. For the purposes of applying paragraph 2, licences issued in connection with this invitation to tender shall 3. A refund awarded shall not be paid unless the bear, in space 19, a statement of the last day of validity bread-making wheat exported is of at least intervention calculated in accordance with the provisions of the first quality as defined in Annex II. The competent agency subparagraph of paragraph 2. They shall also bear, in shall have an analysis made by an approved body or space 18, a statement of the last day of validity calculated company, of the landed goods. in accordance with the provisions of the second subpara­ graph of paragraph 2 ; for this purpose, one of the fol­ Sampling and analysis costs shall be met by the tenderer. lowing statements shall be entered in space 1 8 :

— En caso de exportación a la República Popular de 4. In the case where the quality does not conform to China, último día de validez : , Reglamento that defined in paragraph 3, the refund will be reduced by (CEE) n° 1373/87. an amount of 10 ECU per tonne.

— Sidste gyldighedsdag ved udførsel til Den kinesiske Folkerepublik : , forordning (EØF) nr. 1373/87. Article 6 — Letzter Gültigkeitstag bei Ausfuhr in die Volksrepu­ blik China : , Verordnung (EWG) Nr. 1373/87. Tenders submitted must reach the Commission through the intermediary Member States, at the latest one and a — Σε περίπτωση εξαγωγής προς τη Λαϊκή Δημοκρα­ half hours after expiry of the period for the weekly τία της Κίνας, τελευταία ημέρα ισχύος : , submission of tenders as specified in the notice of invita­ κανονισμός (EOK.) αριθ. 1373/87 . tion to tender. They must be communicated in the form — In case of export to the People's Republic of China, indicated in the Annex I. last day of validity : , Regulation (EEC) No 1373/87. If no tenders are received, Member States shall inform the Commission of this within the time limit indicated in the — En cas d exportation vers la République populaire de preceding paragraph. Chine, dernier jour de validité : , règlement (CEE) n0 1373/87. — In caso di esportazione verso la Repubblica popolare Article 7 di Cina, ultimo giorno di validità : regolamento (CEE) n. 1373/87. The time limits fixed for the submission of tenders shall — In geval van uitvoer naar de Volksrepubliek China, correspond to Belgian time. laatste geldigheidsdag : , Verordening (EEG) nr. 1373 /87. — Em caso de exportação para a Republica Popular da Article 8 China, último dia de validade : , Regulamento (CEE) n? 1373/87. This Regulation shall enter into force on the day fol­ lowing its publication in the Official Journal of the (') OJ No L 338 , 13 . 12. 1980, p. 1 . European Communities.

No L 130/ 16 Official Journal of the European Communities 20 . 5 . 87

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 19 May 1987.

For the Commission Frans ANDRIESSEN Vice-President

ANNEX I

Weekly tender for the refund for the export of bread-making wheat to countries of zones I, II a), III, IV, V, VI , VII, the German Democratic Republic and the Canary Islands

(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 I

2 II

3 \I

etc. I

ANNEX II

Common wheat is considered as bread-making wheat when : A. Common wheat shall be deemed to meet the necessary technical and physical requirements if the dough obtained from the wheat does not stick during the mechanical kneading process and if it has the fol­ lowing properties : — Zeleny index of at least 20, — Hagberg falling number of at least 220, including the preparation (agitation) time of 60 seconds, — protein content of at least 10,5 % ; B. or — W of at least 130 , — Hagberg falling number of at least 220, including the preparation (agitation) time of 60 seconds, — protein content of at least 10,5 % .