31987R1705

No L 159/ 12 Official Journal of the European Communities 19 . 6 . 87

COMMISSION REGULATION (EEC) No 1705/87 of 18 June 1987 opening an invitation to tender for the refund 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, from the provisions of Regulation (EEC) No 279/75 on the period that must elapse between the date of publica­ tion and the first closing date for the submission of Having regard to the Treaty establishing the European tenders ; Economic Community,

Whereas, in order to ensure the smooth operation of the Having regard to Council Regulation (EEC) No 2727/75 tendering procedure, it is appropriate to prescribe a of 29 October 1975 on the common organization of the minimum quantity to be tendered for and a time limit market in cereals ('), as last amended by Regulation (EEC) and form for the communication of tenders submitted to No 1579/86 (2), the competent authorities ;

Having regard to Council Regulation (EEC) No 2746/75 Whereas the measures provided for in this Regulation are of 29 October 1975 laying down general rules for granting in accordance with the opinion of the Management Committee for Cereals, export refunds on cereals and criteria for fixing the amount of such refunds (3), and in particular Article 5 thereof,

HAS ADOPTED THIS REGULATION : Whereas, in view of the current situation on the cereals market, an invitation should be opened in respect of bread-making wheat to tender for the export refund Article 1 provided for in Article 5 of Regulation (EEC) No 2746/75 ; whereas, in order to ensure supply, the invita­ 1 . Tenders shall be invited for the export refund tion to tender for export should be limited to zones I, provided for in Article 5 of Regulation (EEC) No 2746/75. II, III, IV, V, VI, VII, VIII, the German Democratic Repu­ blic and the Canary Islands ; 2. The invitation to tender shall relate to durum wheat for export to the countries of zones I, II, III, IV, V, VI, Whereas the purpose of the measure is such that refunds VII, VIII, the German Democratic Republic and the should be granted only on durum wheat of the quality Canary Islands as defined in Annex I to Commission required ; whereas the competent agency must make Regulation (EEC) No 1 1 24/77 (*). certain that durum wheat exported is of this standard ; 3 . The invitation shall remain open until 1 October Whereas the detailed procedural rules governing invita­ 1987. During this period weekly awards shall be made, for tions to tender are, as regards the fixing of the export which the quantities and the time limits for the submis­ refund, in Commission Regulation (EEC) No 279/75 (4), as sion of tenders shall be as prescribed in the notice of invi­ tation to tender. last amended by Regulation (EEC) No 2788/86 (*) ; whereas the commitments on the part of the tenderer include an obligation to lodge an application for an By way of derogation from Article 1 (2) of Regulation export licence ; whereas compliance with this obligation (EEC) No 279/75, the time limit for submission of may be ensured by requiring tenderers to lodge a tende­ tenders under the first partial invitation to tender shall ring security of 12 ECU per tonne when they submit expire on 25 June 1987. their tenders ;

Article 2 Whereas, in order to ensure that all those concerned are treated equally, it is necessary to lay down that the period A tender shall be valid only if it related to an amount of of validity of the licences issued should be identical ; not less than 1 000 tonnes .

Whereas, since the interested parties are already aware of the terms of the invitation, a derogation may be made Article 3

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . The security referred to in Article 3 of Regulation (EEC) (2) 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 . (4) OJ No L 31 , 5 . 2. 1975, p. 8 . 0 OJ No L 257, 9 . 9. 1986, p. 32. 0 OJ No L 134, 28 . 5. 1977, p. 53.

19 . 6 . 87 Official Journal of the European Communities No L 159/ 13

Article 4 rate of refund equal to or less than such maximum export refund. 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 6 for the purpose of determining their period of validity, be deemed to have been issued on the day on which the Tenders submitted must reach the Commission through tender was submitted . the intermediary Member States, at the latest one and a half hours after expiry of the period for the weekly 2. Export licences issued in connection with the invita­ submission of tenders as specified in the notice of invita­ tion to tender pursuant to this Regulation shall be valid tion to tender. They must be communicated in the form from their date of issue, as defined in paragraph 1 , until indicated in the Annex. the end of the fourth month following that of issue. If no tenders are received, Member States shall inform the Commission of this within the time limit indicated in the Article 5 preceding paragraph.

1 . Notwithstanding Article 5 of Regulation (EEC) No Article 7 279/75, the Commission shall decide, under the proce­ dure laid down in Article 26 of Regulation (EEC) No The time limits fixed for the submission of tenders shall 2727/75 : correspond to Belgian time. — to fix a maximum export refund, taking account in particular of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2746/75, or Article 8 — to make no award. This Regulation shall enter into force on the day 2. Where a maximum export refund is fixed, a contract following its publication in the Official Journal of the shall be awarded to any tenderer whose tender indicates a European Communities.

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

Done at Brussels, 18 June 1987.

For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 338, 13. 12. 1980, p. 1 .

No L 159 / 14 19 . 6 . 87 Official Journal of the European Communities

ANNEX

Weekly tender for the refund for the export of durum wheat to countries of zones I, II, III , IV, V, VI , VII, VIII , the German Democratic Republic arid the Canary Islands

(Closing date for the submission of tenders (date/time))

l 2 3 Number Quantity Amount of expprt refund of tenderer in tonnes in ECU per tonne

1

2

3

etc .