31990R1646
20 . 6 . 90 Official Journal of the European Communities No L 154/ 17
COMMISSION REGULATION (EEC) No 1646/90 of 18 June 1990 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 and VIII 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 and form for the communication of tenders submitted to market in cereals ('), as last amended by Regulation (EEC) No 1340/90 (2), 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 durum wheat to tender for the export refund provided for Article 1 in Article 5 of Regulation (EEC) No 2746/75 ; whereas, in order to ensure supply, the invitation to tender for export 1 . Tenders shall be invited for the export refund should be limited to zones I, II, III, IV, V, VI, VII and provided for in Article 5 of Regulation (EEC) No 2746/75. VIII and the Canary Islands ;
2. The invitation to tender shall relate to durum wheat Whereas the aim of the measure calls for the granting of for export to the countries of zones I, II, III, IV, V, VI, VII the refund in respect only of durum wheat meeting and VIII and the Canary Islands as defined in Annex I to certain quality requirements which the competent agency Commission Regulation (EEC) No 1 124/77 (*). is to ensure are met | 3 . The invitation shall remain open until 30 May 1991 . 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 By way of derogation from Article 1 (2) of Regulation include an obligation to lodge an application for an (EEC) No 279 /75, the timelimit for submission of tenders export licence ; whereas compliance with this obligation under the first partial invitation to tender shall expire on may be ensured by requiring tenderers to lodge a tender 21 June 1990 . ing security of ECU 12 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 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) 0 OJ No L 134, 28 . 5. 1990, p. 1 . No 279/75 shall be ECU 12 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, 10. 9. 1986, p. 32. (6) OJ No L 134, 28 . 5. 1977, p. 53 .
No L 154/ 18 20 . 6 . 90 Official Journal of the European Communities
Article 4 — up to 8 % broken grains, — up to 5 % sprouted grains, 1 . Notwithstanding Article 21 (1 ) of Commission — a minimum specific weight of 76 kg/hi, Regulation (EEC) No 3719/88 ('), export licences issued under Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, — a minimum Hagberg falling number of 180 . for the purpose of determining their period of validity, be To that end, the competent agency shall have an deemed to have been issued on the day on which the approved agency or company carry out an analysis of the tender was submitted. goods loaded. Sampling and analysis costs shall be borne 2. Export licences issued in connection with the invita by the successful tenderer. tion to tender pursuant to this Regulation shall be valid 4. Where the quality does not correspond to that from their date of issue, as defined in paragraph 1 , until defined in paragraph 3, the refund shall be reduced by the end of the fourth month following that of issue. ECU 50 per tonne.
Article 5 Article 6 1 . Notwithstanding Article 5 of Regulation (EEC) No Tenders submitted must reach the Commission through 279/75, the Commission shall decide, under the proce the intermediary Member States, at the latest one and a dure laid down in Article 26 of Regulation (EEC) No half hours after expiry of the period for the weekly 2727/75 : submission of tenders as specified in the notice of invita — to iix a maximum export refund, taking account in tion to tender. They must be communicated in the form indicated in the Annex . particular of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2746/75, or If no tenders are received, Member States shall inform the — to make no award. Commission of this within the time limit indicated in the preceding paragraph . 2. Where a maximum export refund is fixed, a contract shall be awarded to any tenderer whose tender indicates a Article 7 rate of refund equal to or less than such maximum export refund. The time limits fixed for the submission of tenders shall correspond to Belgian time. 3. A refund may only be granted where the quality of the durum wheat exported is at least equal to the quality Article 8 defined in Article 2 (2) of Commission Regulation (EEC) No 1569/77 (2), with the following exceptions : This Regulation shall enter into force on the day — up to 14 % maximum which is not basic cereals of following its publication in the Official Journal of the unimpaired quality, European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 June 1990 .
For the Commission Ray MAC SHARRY Member of the Commission
(') OJ No L 331 , 2. 12. 1988 , p. 1 . (2) OJ No L 174, 14. 7. 1977, p. 15.
20. 6 . 90 Official Journal of the European Communities No L 154/ 19
ANNEX
Weekly tender for the refund for the export of durum wheat to countries of zones I , II , III , IV, V, VI, VII and VIII 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
3
etc.