31994R1166
25. 5 . 94 Official Journal of the European Communities No L 130/ 15
COMMISSION REGULATION (EC) No 1166/94 of 24 May 1994 opening an invitation to tender for the refund for the export of common wheat to all third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 HAS ADOPTED THIS REGULATION : of 30 June 1992 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) No 2193/93 (2), Article 1
Having regard to Council Regulation (EEC) No 1533/93 1 . Tenders shall be invited for the export refund of 22 June 1993 laying down certain detailed rules for provided for in Article 5 of Regulation (EEC) 1533/93. granting export rules under Council Regulation (EEC) No 1766/92 on the granting of exports on cereals and the 2. The tendering procedure shall concern common measures to be taken in the event of disturbance on the wheat for export to all third countries. market for cereals (3), as amended by Commission Regula tion (EC) No 120/94 (4), and in particular Article 5 (2) 3. The invitation shall remain open until 18 May 1995. thereof, During this period weekly awards shall be made, for which the quantities and the time limits for the submis Whereas, in view of the current situation on the cereals sion of tenders shall be as prescribed in the notice of invi market, an invitation should be opened in respect of tation to tender. common wheat to tender for the export refund provided for in Article 5 of Regulation (EEC) No 1 533/93 ; 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 relates to an amount of not less than 1 000 tonnes. refund, in Commission Regulation (EEC) No 1 533/93 ; whereas the commitments on the part of the tenderer include an obligation to lodge an application for an export licence ; whereas compliance with this obligation Article 3 may be ensured by requiring tenderers to lodge a ten dering security of ECU 12 per tonne when they submit The security referred to in Article 6 of Regulation (EEC) their tenders ; No 1533/93 shall be ECU 12 per tonne.
Whereas it is necessary to specify the exact duration of validity of the licences issued under this tendering pro Article 4 cedure ; whereas the period of validity must correspond to the current requirements of the world market ; 1 . Notwithstanding Article 21 (1 ) of Commission Regulation (EEC) No 3719/88 Q, export licences issued under Article 9 (1 ) of Regulation (EEC) No 1533/93 shall, Whereas, in order to ensure that all those concerned are for the purpose of determining their period of validity, be treated equally, it is necessary to lay down that the period deemed to have been issued on the day on which the of validity of the licences issued should be identical ; tender was submitted .
Whereas, in order to ensure the smooth operation of the 2. Export licences issued in connection with the invita tendering procedure, it is appropriate to prescribe a tion to tender pursuant to this Regulation shall be valid minimum quantity to be tendered for and a time limit from their date of issue, as defined in paragraph 1 , until and form for the communication of tenders submitted to the end of the fourth month following that of issue. the competent authorities ; Licences issued before 1 July 1994, however, may only be (') OJ No L 181 , 1 . 7. 1992, p. 21 . used from that date . (2) OJ No L 196, 5. 8 . 1993, p. 22. j3) OJ No L 151 , 23. 6. 1993, p. 15. (4) OJ No L 21 , 26. 1 . 1994, p. 1 . 0 OJ No L 331 , 2. 12. 1988 , p. 1 .
No L 130/ 16 Official Journal of the European Communities 25 . 5 . 94
Article 5 half hours after expiry of the period for the weekly submission of tenders as specified in the notice of invita 1 . The Commission shall decide, under the procedure tion to tender. They must be communicated in the form laid down in Article 23 of Regulation (EEC) No 1766/92 : indicated in Annex I, to the telex or telefax numbers in Annex II . — to fix a maximum export refund, taking account in particular of the criteria laid down in Articles 2 of If no tenders are received, Member States shall inform the Regulation (EEC) No 1533/93, or Commission of this within the time limit indicated in the — to make no award . preceding paragraph.
2. Where a maximum export refund is fixed, a contract Article 7 shall be awarded to any tenderer whose tender indicates a The time limits fixed for the submission of tenders shall rate of refund equal to or less than such maximum export refund. correspond to Belgian time.
Article 8 Article 6 This Regulation shall enter into force on the day Tenders submitted must reach the Commission through following its publication in the Official Journal of the the intermediary Member States, at the latest one and a European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 24 May 1994.
For the Commission Rene STEICHEN Member of the Commission
25. 5 . 94 Official Journal of the European Communities No L 130/ 17
ANNEX I
Weekly tender for the refund for the export of common wheat to all third countries
(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 .
ANNEX II
The only numbers to use to call Brussels (DG VI-C-1 (Attention : Messrs Thibault and Brus)) are : — telex : 22037 AGREC B 22070 AGREC B (Greek characters) — telefax : — 295 01 32, — 295 25 15, — 296 10 97.