Commission Regulation (EC) No 459/2005 of 21 March 2005 opening a standing invitation to tender for the export of common wheat held by the Austrian intervention agency
Commission Regulation (EC) No 459/2005of 21 March 2005opening a standing invitation to tender for the export of common wheat held by the Austrian intervention agencyTHE 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 cerealsOJ L 270, 21.10.2003, p. 78., and in particular Article 6 thereof,Whereas:(1)Commission Regulation (EEC) No 2131/93OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regulation (EC) No 2045/2004 (OJ L 354, 30.11.2004, p. 17)., 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 80663 tonnes of common wheat held by the Austrian 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) N° 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 Austria’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: