31989R0395
17. 2. 89 Official Journal of the European Communities No L 45/13
COMMISSION REGULATION (EEC) No 395/89 of 16 February 1989 opening an invitation to tender for the refund for die export of common wheat to the Soviet Union
THE COMMISSION OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European Article 1 Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 1 . Tenders shall be invited for the export refund of 29 October 1975 on the common organization of the provided for in Article 5 of Regulation (EEC) No 2746/75. market in cereals ('), as last amended by Regulation (EEC) No 166/89 0, 2. The invitation to tender shall relate to common wheat for export to the Soviet Union. Having regard to Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for granting 3. The invitation shall remain open until 16 March export refunds on cereals and criteria for fixing the 1989. During this period weekly awards shall be made, for amount of such refunds ^3), and in particular Article 5 which the quantities and the time limits for the submis thereof, sion of tenders shall be as prescribed in the notice of invi tation to tender. Whereas, in view of the current situation on the cereals market, an invitation should be opened in respect of By way of derogation from Article 1 (2) of Regulation common wheat to tender for the export refund provided (EEC) No 279/75, the time limit for submission of for in Article 5 of Regulation (EEC) No 2746/75 ; tenders under the first partial invitation to tender shall whereas, in order to ensure supply, the invitation to expire on 23 February 1989. tender for export should be limited to the Soviet Union ;
Whereas the detailed procedural rules governing invita Article 2 tions to tender are, as regards the fixing of the export refund, laid down by Commission Regulation (EEC) No Tenders shall be valid only if : 279/75 (4), as last amended by Regulation (EEC) No 2788/86 (*) ; whereas the commitments on the part of the — they relate to not less than 100 000 tonnes, tenderer include an obligation to lodge an application for — they are accompanied by an application for advance an export licence ; whereas compliance with this obliga fixing of the monetary compensatory amount. tion may be ensured by requiring tenderers to lodge a tendering security of ECU 12 per tonne when they Article 3 submit their tenders ;
Whereas, in order to ensure that all those concerned are The security referred to in Article 3 of Regulation (EEC) treated equally, it is necessary to lay down that the period No 279/75 shall be ECU 12 per tonne. of validity of the licences issued should be identical ;
Whereas, since the interested parties are already aware of Article 4 the terms of the invitation, a derogation may be made from the provisions of Regulation (EEC) No 279/75 on 1 . Notwithstanding Article 21 (1 ) of Commission the period that must elapse between the date of publica Regulation (EEC) No 3183/80(0, export licences issued tion and the first closing date for the submission of pursuant to Article 8 (1 ) of Regulation (EEC) No 279/75 tenders ; shall, for the purpose of determining their period of val idity, be deemed to have been issued on the day on which Whereas, in order to ensure the smooth operation of the the tender was submitted. present tendering procedure, it is appropriate to prescribe a minimum quantity to be tendered for and a time limit 2. Export licences issued in connection with the invita and form for the communication of tenders submitted to tion to tender pursuant to this Regulation shall be valid the competent authorities ; from their date of issue, as defined in paragraph 1 , until the end of the fourth month following that of issue. Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management 3. For the purposes of applying paragraph 2, licences Committee for Cereals, issued in connection with this invitation to tender shall bear, in space 19, a statement of the last day of validity 0 OJ No L 281 , 1 . 11 . 1975, p. 1 . calculated in accordance with the provisions of the first 0 OI No L 20, 25. 1 . 1989, p. 16. subparagraph of paragraph 2. 0 OJ No L 281 , 1 . 11 . 1975, p. 78. fa OJ No L 31 , 5. 2. 1975, p. 8. (0 OJ No L 257, 10. 9. 1986, p. 32. « OJ No L 338, 13. 12. 1980, p. 1 .
No L 45/ 14 Official Journal of the European Communities 17. 2. 89
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 If no tenders are received, Member States shall inform the 2727/75 : 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, 16 February 1989.
For the Commission Ray MAC SHARRY Member of the Commission
ANNEX
Weekly tender for die refund for die export of common wheat to the Soviet Union
(Closing date for the submission of tenders (date/time))
1 2 3 Number Quantity Amount of export refund of tenderer in tonnes in ecus per tonne
1
2
3
etc.