31989R1626
10 . 6 . 89 Official Journal of the European Communities No L 159/33
COMMISSION REGULATION (EEC) No 1626/89 of 9 June 1989 opening an invitation to tender for the refund and/or levy 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, 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 ; Having regard to the Treaty establishing the European Economic Community, Whereas, in order to ensure equal treatment to all concerned, it is necessary to make provision such that the periods of validity of licences issued are identical ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the Whereas, in order to ensure the smooth operation of the market in cereals ('), as last amended by Regulation (EEC) No 1213/89 (2), tendering procedure, it is appropriate to prescribe a minimum quantity to be tendered for and a time limit and form for the communication of tenders submitted to Having regard to Council Regulation (EEC) No 2747/75 the competent authorities ; of 29 October 1975 laying down general rules to be applied in the event of the cereals market being Whereas the measures provided for in this Regulation are disturbed (3), as amended by Regulation (EEC) No in accordance with the opinion of the Management 2560/77 (4), and in particular Article 2 (1 ) thereof, Committee for Cereals,
Having regard to Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for granting HAS ADOPTED THIS REGULATION : export refunds on cereals and criteria for fixing the amount of such refunds (*), and in particular Article 5 thereof, Article 1
1 . Tenders shall be invited for the export refund Whereas, in view of the current situation on the cereal provided for in Article 5 of Regulation (EEC) No 2746/75 markets, an invitation to tender for durum should be and/or the export levy provided for in the first indent of opened for the export refund referred to in Article 5 of Article 2 (1 ) of Regulation (EEC) No 2747/75. Regulation (EEC) No 2746/75 and, where the application of the measures provided for in the first indent of Article 2. The invitation to tender shall relate to durum for 2 (1 ) of Regulation (EEC) No 2747/75 proves necessary, export to countries of zones I, II, III, IV, V, VI, VII, VIII, for the export levy provided for therein ; whereas there is the German Democratic Republic and the Canary Islands, demand for durum wheat on certain markets ; whereas, in defined in Annex I to Commission Regulation (EEC) No order to ensure supply, the invitation to tender for export 11 24/77 (»). should be limited to exports to zones I, II, III, IV, V, VI, VII, VIII, the German Democratic Republic and the 3. The invitation shall remain open until 1 June 1990. Canary Islands ; During this period weekly awards shall be made, for which the quantity and the time limits for the submission Whereas the detailed procedural rules governing of tenders shall be as prescribed in the notice of invitation to tender. invitations to tender are, as regards the fixing of the export levy, laid down in Commission Regulation (EEC) No 3130/73 0, as last amended by Regulation (EEC) No Article 2 2788/86 (7), and, as regards the fixing of the export refund, in Commission Regulation (EEC) No 279/75 (8), as last A tender shall be valid only if it relates to an amount of amended by Regulation (EEC) No 2788/86 ; whereas the not less than 1 000 tonnes . commitments on the part of the tenderer include an obligation to lodge an application for an export licence ; Article 3 (') OJ No L 281 , 1 . 11 . 1975, p. 1 . 0 OJ No L 128, 11 . 5. 1989, p. 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 82. The security referred to in Article 3 of Regulation (EEC) («) OJ No L 303, 28 . 11 . 1977, p. 1 . No 3130/73 and in Article 3 of Regulation (EEC) No 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . 279/75 shall be 12 ECU per tonne. («) OJ No L 319, 20. 11 . 1973, p. 10. 0 OJ No L 257, 10. 9 . 1986, p. 32. 8) OJ No L 31 , 5. 2. 1975, p. 8 . 0 OJ No L 134, 28 . 5. 1977, p. 53.
No L 159 /34 Official Journal of the European Communities 10 . 6. 89
Article 4 refund and to any tenderer who has tendered for an export levy. 1 . Notwithstanding Article 21 (1 ) of Commission Regulation (EEC) No 3719/88 ('), export licences issued Where a minimum export levy is fixed, a contract shall be under Article 8 (1 ) of Regulation (EEC) No 3130/73 or awarded to any tenderer whose tender indicates a rate of under Article 8 (1 ) of Regulation (EEC) No 279/75 shall, levy equal to or greater than such minimum export levy. for the purpose of determining their period of validity, be deemed to have been issued on the day on which the tender was submitted . Article 6
2. Export licences issued in connection with the Tenders submitted must reach the Commission through invitation to tender pursuant to this Regulation shall be the intermediary of Member States at the latest one and a valid from their date of issue, as defined in paragraph 1 , half hours after expiry of the period for the weekly until the end of the third month following that of issue. submission of tenders as specified in the notice of invitation to tender. They must be communicated in the Article 5 form indicated in the Annex. 1 . Notwithstanding Article 5 of Regulation (EEC) No If no tenders are received, Member States shall inform the 3130/73 and Article 5 of Regulation (EEC) No 279/75, Commission of this within the time limit indicated in the the Commission shall decide, under the procedure laid preceding paragraph. down in Article 26 of Regulation (EEC) No 2727/75 : ... — to fix a maximum export refund, taking account in Article 7 particular of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2746/75, or The time limits fixed for the submission of tenders shall — to fix a minimum export levy, taking account in correspond to Belgian time. particular of the criteria laid down in Article 3 (1 ) (b) and (d) of Regulation (EEC) No 2747/75, or — to make no award. Article 8
2. Where a maximum export refund is fixed, a contract This Regulation shall enter into force on the day shall be awarded to any tenderer whose tender indicates a following its publication in the Official Journal of the rate of refund equal to or less than such maximum export European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 June 1989.
For the Commission Ray MAG SHARRY Member of the Commission
(') OJ No L 331 , 2. 12. 1988, p. 1 .
10 . 6 . 89 Official Journal of the European Communities No L 159/35
ANNEX
Weekly tender for the refund and/or levy 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))
I
1 2 3
Number of tenderer Quantity Amount of export levy in tonnes in ECU per tonne
1 2 II\ 3 li\ 4 , \ 5 \\\ etc. ||I
II
1 2 3
Number of tenderer Quantity Amount of export refund in tonnes in ECU per tonne
1 2 Il 3 Il 4 \ 5 etc.