31988R2191

23 . 7. 88 Official Journal of the European Communities No L 195/31

COMMISSION REGULATION (EEC) No 2191 /88 of 22 July 1988 opening an invitation to tender for the refund for the export of common wheat to Algeria and Tunisia

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its Having regard to the Treaty establishing the European chairman, Economic Community,

Having regard to Council Regulation (EEC) No 2727/75 HAS ADOPTED THIS REGULATION : of 29 October 1975 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) No 1097/88 (2), Article 1 Having regard to Council Regulation (EEC) No 2746/75 1 . Tenders shall be invited for the export refund of 29 October 1975 laying down general rules for granting provided for in Article 5 of Regulation (EEC) No 2746/75. export refunds on cereals and criteria for fixing the amount of such refunds (3), and in particular Article ' 5 2. The invitation to tender shall relate to common thereof, wheat for export to Algeria and Tunisia. Whereas, in view of the current situation on the cereals 3. The invitation shall remain open until 29 September market, an invitation should be opened in respect of 1988 . During this period weekly awards shall be made, for common wheat to tender for the export refund provided which the quantities and the time limits for the submis­ for in Article 5 of Regulation (EEC) No 2746/75 ; sion of tenders shall be as prescribed in the notice of invi­ whereas, in order to ensure supply, the invitation to tation to tender. tender for export should be limited to Algeria and Tunisia ; Article 2 Whereas the detailed procedural rules governing invita­ tions to tender are, as regards the fixing of the export A tender shall be valid only if it related to an amount of refund, laid down by Commission Regulation (EEC) No not less than 1 000 tonnes . 279/75 (4), as 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 Article 3 an export licence ; whereas compliance with this obliga­ tion may be ensured by requiring tenderers to lodge a The security referred to in Article 3 of Regulation (EEC) tendering security of 12 ECU per tonne when they No 279/75 shall be 12 ECU per tonne . submit their tenders ;

Whereas, in order to ensure that all those concerned are Article 4 treated equally, it is necessary to lay down that the period of validity of the licences issued should be identical ; 1 . Notwithstanding Article 21 (1 ) of Commission Regulation (EEC) No 3183/80 (*), export licences issued Whereas, since the interested parties are already aware of pursuant to Article 8 (1 ) of Regulation (EEC) No 279/75 the terms of the invitation, a derogation may be made shall, for the purpose of determining their period of val­ from the provisions of Regulation (EEC) No 279/75 on idity, be deemed to have been issued on the day on which the period that must elapse between the date of publica­ the tender was submitted. tion and the first closing date for the submission of tenders ; 2. Export licences issued in connection with the invita­ tion to tender pursuant to this Regulation shall be valid Whereas, in order to ensure the smooth operation of the from their date of issue, as defined in paragraph 1 , until tendering procedure, it is appropriate to prescribe a the end of the second month following that of issue. minimum quantity to be tendered for and a time limit and form for the communication of tenders submitted -to 3. For the purposes of applying paragraph 2, licences the competent authorities ; issued in connection with this invitation to tender shall bear, in space 19, a statement of the last day of validity calculated in accordance with the provisions of the first (') OJ No L 281 , 1 . 11 . 1975, p. 1 . 0 OJ No L 110, 29 . 4. 1988, p. 7. subparagraph of paragraph 2. (3) OJ No L 281 , 1 . 11 . 1975, p. 78 . 0 OJ No L 31 , 5. 2. 1975, p. 8 . 0 OJ No L 257, 10. 9 . 1986, p. 32. I6) OJ No L 338 , 13 . 12. 1980, p. 1 .

No L 195/32 Official Journal of the European Communities 23 . 7. 88

Article 5 submission of tenders as specified in the notice of invita­ tion to tender. They must be communicated in the form 1 . Notwithstanding Article 5 of Regulation (EEC) No indicated in Annex. 279/75, the Commission shall decide, under the pro­ cedure 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 — to make no award. Article 7

2. Where a maximum export refund is fixed, a contract The time limits fixed for the submission of tenders shall shall be awarded to any tenderer whose tender indicates a correspond to Belgian time. rate of refund equal to or less than such maximum export refund.

Article 8 Article 6 Tenders submitted must reach the Commission through This Regulation shall enter into force on the day the intermediary Member States, at the latest one and a following its publication in the Official Journal of the half hours after expiry of the period for the weekly European Communities.

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

Done at Brussels, 22 July 1988 .

For the Commission Frans ANDRIESSEN Vice-President

ANNEX

Weekly tender for the refund for the export of common wheat to Algeria and Tunisia

(Regulation (EEC) No 2191 /88)

(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

3

etc .