31988R1449
28 . 5 . 88 No L 132/22 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 1449/88 of 27 May 1988 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 1097/88 0, the competent authorities ;
Whereas the measures provided for in this Regulation are Having regard to Council Regulation (EEC) No 2746/75 in accordance with the opinion of the Management of 29 October 1975 laying down general rules for granting 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 o{ 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 11 24/77 (*). certain that durum wheat exported is of this standard ; 3 . The invitation shall remain open until 25 May 1989 During this period weekly awards shall be made, for Whereas the detailed procedural rules governing invita which the quantities and the time limits for the submis tions to tender are, as regards the fixing of the export sion of tenders shall be as prescribed in the notice of invi refund, in Commission Regulation (EEC) No 279/75 (4), as 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 (EEC) No 279/75, the time limit for submission of export licence ; whereas compliance with this obligation tenders under the first partial invitation to tender shall may be ensured by requiring tenderers to lodge a tende expire on 2 June 1988 . ring security of 12 ECU per tonne when they submit 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 Article 3 the terrtis of the invitation, a derogation may be made
The security referred to in Article 3 of Regulation (EEC) (') OJ No L 281 , 1 . 11 . 1975, p. 1 . O OJ No L 110, 29 . 4. 1988 , p. 7. No 279/75 shall be 12 ECU per tonne.. 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . (4) OJ No L 31 , 5. 2. 1975, p. 8 . n OJ No L 257, 9 . 9 . 1986, p. 32. t6) OJ No L 134, 28 . 5. 1977, p. 53 .
28 . 5 . 88 Official Journal of the European Communities No L 132/23
Article 4 Article 2 (2) of Commission Regulation (EEC) No 1 569/77 (2) with the exception of broken grains : 8 % 1 . Notwithstanding Article 21 (1 ) of Commission maximum . Regulation (EEC) No 3183/80 ('), export licences issued under Article 8 (1 ) of Regulation (EEC) No 279/75 shall, To that end the relevant agency shall have the wheat for the purpose of determining their period of validity, be loaded analysed by an approved agency or firm. deemed to have been issued on the day on which the tender was submitted . Sampling and analysis costs shall be met by the tenderer.
4. Should the wheat not be of the quality specified in 2. Export licences issued in connection with the invita paragraph 3, the refund shall be reduced by 50 ECU per tion to tender pursuant to this Regulation shall be valid tonne . from their date of issue, as defined in paragraph 1 , until the end of the fourth month following that of issue. Article 6
Tenders submitted must reach the Commission through the intermediary Member States, at the latest one and a Article 5 half hours after expiry of the period for the weekly submission of tenders as specified in the notice of invita 1 . Notwithstanding Article 5 of Regulation (EEC) No tion to tender. They must be communicated in the form 279/75, the Commission shall decide, under the proce indicated in the Annex. dure laid down in Article 26 of Regulation (EEC) No 2727/75 : If no tenders are received, Member States shall inform the Commission of this within the time limit indicated in the — to fix a maximum export refund, taking account in preceding paragraph. particular of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2746/75, or Article 7 — to make no award. The time limits fixed for the submission of tenders shall 2. Where a maximum export refund is fixed, a contract correspond to Belgian time. shall be awarded to any tenderer whose tender indicates a rate of refund equal to or less than such maximum export Article 8 refund . This Regulation shall enter into force on the day 3. The refund may not be granted if the quality of the following its publication in the Official Journal of the durum wheat exported is inferior to the quality defined in European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
V Done at Brussels, 27 May 1988 .
For the Commission Frans ANDRIESSEN Vice-President
(') OJ No L 338 , 13 . 12. 1980, p. 1 . (2) OJ No L 174, 14. 7. 1977, p. 15.
28 . 5 . 88 No L 132/24 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 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
2 I
3
etc.