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Document 02007R1454-20140401
Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products
Consolidated text: Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products
Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products
No longer in force
)
02007R1454 — EN — 01.04.2014 — 001.001
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COMMISSION REGULATION (EC) No 1454/2007 of 10 December 2007 (OJ L 325 11.12.2007, p. 69) |
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COMMISSION IMPLEMENTING REGULATION (EU) No 1333/2013 of 13 December 2013 |
L 335 |
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14.12.2013 |
COMMISSION REGULATION (EC) No 1454/2007
of 10 December 2007
laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products
Article 1
Scope
This Regulation lays down common rules for the organisation and management of tendering procedures for fixing the amount of the export refunds for the products of the following sectors:
milk and milk products;
cereals;
rice;
sugar.
It shall apply without prejudice to the derogations and specific provisions laid down in Commission Regulations opening a tendering procedure concerning export refunds specific to the agricultural products mentioned in the first subparagraph.
Article 2
Opening of the Tendering Procedure
The Regulation opening the tendering procedure shall contain the following information:
the products covered by the tendering procedure with their relevant CN codes;
the period covered by the tender (tendering period) and the different sub-periods when the tenders can be lodged;
the opening and closing time between which tenders may be lodged;
the global quantity covered by the tendering procedure, if necessary;
the minimum quantity each tender must provide for;
the amount of the security;
the destination to which products have to be exported, if required;
the competent authority of Member States to which tenders are to be sent.
Article 3
Submission of tenders and application for export licences
A tender shall be valid if the following conditions are met:
it indicates in Section 20 of the licence application a reference to the Regulation opening the tendering procedure and the expiry date for the sub-period of submission of the tenders;
it indicates in Section 4 of the licence application the identification data of the tenderer: name, address and the VAT registration number;
it indicates in Section 16 of the licence application the CN code of the product;
it respects the minimum and maximum quantity indicated in the Regulation opening the tendering procedure, if applicable;
it indicates in Section 20 of the licence application the export refund offered per unit in euros and cents;
it indicates in Sections 17 and 18 of the licence application the quantity of the product to be exported;
it specifies in section No 7 of the licence application the export destination in case of application of Article 2(2)(g);
the tenderer has lodged a security before the end of the submission sub-period, in accordance with the provisions of Title III of Regulation (EC) No 2220/85 and by way of derogation from Article 15 paragraph 2 of Regulation (EC) No 1291/2000, and has provided proof thereof within the same period;
it does not include any conditions introduced by the tenderer other than those mentioned in this paragraph;
it is presented in the official language, or one of the official languages of the Member State in which the tender is lodged.
Article 4
Examination of tenders
Article 5
Notification of the tenders to the Commission
The form and content of the notifications shall be defined on the basis of models made available by the Commission to the Member States. Those models shall not apply until the Management Committee competent has been informed.
Article 6
Decision on the basis of the tenders
On the basis of the tenders notified in accordance with Article 5(1), the Commission shall decide, in accordance with the procedure referred to in Article 42(2) of Regulation (EC) No 1255/1999 and the corresponding Articles of the other Regulations on the common organisation of the markets in the agricultural products concerned:
not to fix a maximum refund; or
to fix a maximum refund.
Article 7
Decisions on tenders and issuing of export licenses
The competent authorities of the Member States shall not accept tenders that have not been notified according to Article 5(1).
Article 8
Rights and obligations of successful tenderers
Article 9
Releasing and forfeiting of the security
The security shall be released if:
the tender is invalid or rejected;
the obligation referred to in Article 8(2) has been fulfilled;
in case of application of Article 6(2) the amount of the released security shall correspond to the quantity not accepted.
Article 10
Recovery of refunds and sanctions
Article 11
Repeals
Regulation (EEC) No 584/75 is repealed.
Regulation (EC) No 580/2004 is repealed from 1 July 2008.
Article 12
Entry into force
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
It shall apply for tenders which are opened after the entry into force of this Regulation, without prejudice to the second subparagraph of Article 11.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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