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Commission Regulation (EC) No 460/2005 of 21 March 2005 opening a standing invitation to tender for the export of common wheat held by the Hungarian intervention agency

Commission Regulation (EC) No 460/2005 of 21 March 2005 opening a standing invitation to tender for the export of common wheat held by the Hungarian intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals(1), and in particular Article 6 thereof,

Whereas:

  1. Commission Regulation (EEC) No 2131/93(2), lays down the procedure and conditions for the disposal of cereals held by intervention agencies.

  2. Given the current market situation, a standing invitation to tender should be opened for the export of 320 000 tonnes of common wheat held by the Hungarian intervention agency.

  3. Special rules must be laid down to ensure that the operations are properly carried out and monitored. To that end, securities should be lodged to ensure that the goals of the operation are achieved without excessive cost to the operators. Derogations should accordingly be made to certain rules, in particular those laid down in Regulation (EEC) No 2131/93.

  4. Where removal of the common wheat is delayed by more than five days or the release of one of the securities required is delayed for reasons imputable to the intervention agency, the Member State concerned should pay compensation.

  5. To forestall reimportation refunds should be awarded only for exportation to certain third countries.

  6. Whereas Article 7(2a) of Regulation (EEC) No 2131/93 provides for the possibility of reimbursing the successful tenderer for the lowest transport costs between the place of storage and the actual place of exit. In view of Hungary’s geographical position, that provision should be applied.

  7. The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

Subject to this Regulation, the Hungarian intervention agency shall issue a standing invitation to tender in accordance with Regulation (EEC) No 2131/93 for the export of common wheat held by it.

Article 2

1.

The invitation to tender shall cover a maximum of 320 000 tonnes of common wheat for export to third countries with the exception of Albania, Bulgaria, Croatia, Bosnia and Herzegovina, Serbia and Montenegro(3) and the former Yugoslav Republic of Macedonia, Liechtenstein, Romania and Switzerland.

2.

The regions in which the 320 000 tonnes of common wheat are stored are set out in Annex I.

Article 3

1.

As an exception to the third paragraph of Article 16 of Regulation (EEC) No 2131/93, the price to be paid for the export shall be that quoted in the tender, without monthly increase.

2.

No export refund or tax or monthly increase shall be granted on exports carried out under this Regulation.

3.

Article 8(2) of Regulation (EEC) No 2131/93 shall not apply.

4.

In application of Article 7(2a) of Regulation (EEC) No 2131/93, the successful tenderer shall be reimbursed for the lowest costs between the place of storage and the actual place of exit.

Article 4

1.

Export licences shall be valid from their date of issue within the meaning of Article 9 of Regulation (EEC) No 2131/93 until the end of the fourth month thereafter.

2.

Tenders submitted in response to this invitation to tender may not be accompanied by export licence applications submitted under Article 49 of Commission Regulation (EC) No 1291/2000(4).

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

ANNEX I

ANNEX II

ANNEX III

ANNEX IV