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COMMISSION REGULATION ( EEC ) NO 3025/80

OF 24 NOVEMBER 1980

OPENING AN INVITATION TO TENDER FOR THE LEVY AND/OR REFUND FOR THE EXPORT OF BARLEY TO POLAND , CZECHOSLOVAKIA , HUNGARY , ROMANIA , BULGARIA AND THE GERMAN DEMOCRATIC REPUBLIC , AND AMENDING REGULATION ( EEC ) NO 1430/80

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1870/80 ( 2 ) ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2747/75 OF 29 OCTOBER 1975 LAYING DOWN GENERAL RULES TO BE APPLIED IN THE EVENT OF THE CEREALS MARKET BEING DISTURBED ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 2560/77 ( 4 ) , AND IN PARTICULAR ARTICLE 2 ( 1 ) THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2746/75 OF 29 OCTOBER 1975 LAYING DOWN GENERAL RULES FOR GRANTING EXPORT REFUNDS ON CEREALS AND CRITERIA FOR FIXING THE AMOUNT OF SUCH REFUNDS ( 5 ) , AND IN PARTICULAR ARTICLE 5 THEREOF ,

WHEREAS BY COMMISSION REGULATION ( EEC ) NO 1430/80 OF 6 JUNE 1980 ( 6 ) AN INVITATION TO TENDER FOR THE EXPORT OF BARLEY TO POLAND , CZECHOSLOVAKIA , HUNGARY , ROMANIA , BULGARIA AND THE GERMAN DEMOCRATIC REPUBLIC WAS OPENED ; WHEREAS IN VIEW OF THE PRESENT SITUATION THE INVITATION TO TENDER SHOULD BE CLOSED ;

WHEREAS , IN VIEW OF THE CURRENT SITUATION ON THE CEREALS MARKET , AN INVITATION SHOULD BE OPENED IN RESPECT OF BARLEY TO TENDER FOR THE EXPORT LEVY PROVIDED FOR IN THE FIRST INDENT OF ARTICLE 2 ( 1 ) OF REGULATION ( EEC ) NO 2747/75 AND/OR FOR THE EXPORT REFUND PROVIDED FOR IN ARTICLE 5 OF REGULATION ( EEC ) NO 2746/75 ; WHEREAS THERE IS DEMAND FOR BARLEY ON CERTAIN SPECIFIC MARKETS ; WHEREAS IN ORDER TO ENSURE SUPPLY , THE INVITATION TO TENDER FOR EXPORT SHOULD BE LIMITED TO POLAND , CZECHOSLOVAKIA , HUNGARY , ROMANIA , BULGARIA AND THE GERMAN DEMOCRATIC REPUBLIC ;

WHEREAS THE DETAILED PROCEDURAL RULES GOVERNING INVITATIONS TO TENDER ARE AS REGARDS THE FIXING OF THE EXPORT LEVY LAID DOWN IN COMMISSION REGULATION ( EEC ) NO 3130/73 ( 7 ) , AS AMENDED BY REGULATIONS ( EEC ) NO 278/75 ( 8 ) AND ( EEC ) NO 771/75 ( 9 ) , AND , AS REGARDS THE FIXING OF THE EXPORT REFUND , IN COMMISSION REGULATION ( EEC ) NO 279/75 ( 10 ) , AS AMENDED BY REGULATION ( EEC ) NO 2944/78 ( 11 ) ; 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 MAY BE ENSURED BY REQUIRING TENDERERS TO LODGE A TENDERING SECURITY OF 12 ECU PER TONNE WHEN THEY SUBMIT THEIR TENDERS ;

WHEREAS , IN ORDER TO ENSURE EQUAL TREATMENT TO ALL CONCERNED , IT IS NECESSARY TO MAKE PROVISION SUCH THAT THE PERIODS OF VALIDITY OF LICENCES ISSUED ARE IDENTICAL ;

WHEREAS , IN ORDER TO ENSURE THE SMOOTH OPERATION OF THE TENDERING PROCEDURE , IT IS APPROPRIATE TO PRESCRIBE A MINIMUM QUANTITY TO BE TENDERED FOR AND A TIME LIMIT AND FORM FOR THE COMMUNICATION OF TENDERS SUBMITTED TO THE COMPETENT AUTHORITIES ;

WHEREAS 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

1 . THE DATE SPECIFIED IN ARTICLE 1 ( 3 ) OF REGULATION ( EEC ) NO 1430/80 SHALL BE REPLACED BY " 4 DECEMBER 1980 " .

2 . TENDERS SHALL BE INVITED FOR THE EXPORT LEVY PROVIDED FOR IN THE FIRST INDENT OF ARTICLE 2 ( 1 ) OF REGULATION ( EEC ) NO 2747/75 AND/OR THE EXPORT REFUND PROVIDED FOR IN ARTICLE 5 OF REGULATION ( EEC ) NO 2746/75 .

3 . THE INVITATION TO TENDER SHALL RELATE TO BARLEY FOR EXPORT TO POLAND , CZECHOSLOVAKIA , HUNGARY , ROMANIA , BULGARIA AND THE GERMAN DEMOCRATIC REPUBLIC .

4 . THE INVITATION SHALL REMAIN OPEN UNTIL 30 JUNE 1981 . DURING THIS PERIOD WEEKLY AWARDS SHALL BE MADE , FOR WHICH THE TIME LIMITS FOR THE SUBMISSION OF TENDERS SHALL BE AS PRESCRIBED IN THE NOTICE OF INVITATION TO TENDER .

ARTICLE 2

A TENDER SHALL BE VALID ONLY IF IT RELATES TO AN AMOUNT OF NOT LESS THAN 1 000 TONNES .

ARTICLE 3

THE SECURITY REFERRED TO IN ARTICLE 3 OF REGULATION ( EEC ) NO 3130/73 AND IN ARTICLE 3 OF REGULATION ( EEC ) NO 279/75 SHALL BE 12 ECU PER TONNE .

ARTICLE 4

1 . NOTWITHSTANDING ARTICLE 9 ( 1 ) OF REGULATION ( EEC ) NO 193/75 ( 12 ) , EXPORT LICENCES ISSUED UNDER ARTICLE 8 ( 1 ) OF REGULATION ( EEC ) NO 3130/73 OR UNDER ARTICLE 8 ( 1 ) OF REGULATION ( EEC ) NO 279/75 SHALL , FOR THE PURPOSE OF DETERMINING THEIR PERIOD OF VALIDITY , BE DEEMED TO HAVE BEEN ISSUED ON THE DAY ON WHICH THE TENDER WAS SUBMITTED .

2 . EXPORT LICENCES ISSUED IN CONNECTION WITH THE INVITATION TO TENDER PURSUANT TO THIS REGULATION SHALL BE VALID FROM THEIR DATE OF ISSUE , AS DEFINED IN PARAGRAPH 1 , UNTIL THE END OF THE FOURTH MONTH FOLLOWING THAT OF ISSUE .

ARTICLE 5

1 . NOTWITHSTANDING ARTICLE 5 OF REGULATION ( EEC ) NO 3130/73 AND ARTICLE 5 OF REGULATION ( EEC ) NO 279/75 , THE COMMISSION SHALL DECIDE , UNDER THE PROCEDURE LAID DOWN IN ARTICLE 26 OF REGULATION ( EEC ) NO 2727/75 :

- TO FIX A MAXIMUM EXPORT REFUND , TAKING ACCOUNT IN PARTICULAR OF THE CRITERIA LAID DOWN IN ARTICLES 2 AND 3 OF REGULATION ( EEC ) NO 2746/75 , OR

- TO FIX A MINIMUM EXPORT LEVY , TAKING ACCOUNT IN PARTICULAR OF THE CRITERIA LAID DOWN IN ARTICLE 3 ( 1 ) ( B ) AND ( D ) OF REGULATION ( EEC ) NO 2747/75 , OR

- TO MAKE NO AWARD .

2 . WHERE A MAXIMUM EXPORT REFUND IS FIXED , A CONTRACT SHALL BE AWARDED TO ANY TENDERER WHOSE TENDER INDICATES A RATE OF REFUND EQUAL TO OR LESS THAN SUCH MAXIMUM EXPORT REFUND AND TO ANY TENDERER WHO HAS TENDERED FOR AN EXPORT LEVY .

WHERE A MINIMUM EXPORT LEVY IS FIXED , A CONTRACT SHALL BE AWARDED TO ANY TENDERER WHOSE TENDER INDICATES A RATE OF LEVY EQUAL TO OR GREATER THAN SUCH MINIMUM EXPORT LEVY .

ARTICLE 6

TENDERS SUBMITTED MUST REACH THE COMMISSION THROUGH THE INTERMEDIARY OF MEMBER STATES AT THE LATEST ONE AND A HALF HOURS AFTER EXPIRY OF THE PERIOD FOR THE WEEKLY SUBMISSION OF TENDERS AS SPECIFIED IN THE NOTICE OF INVITATION TO TENDER . THEY MUST BE COMMUNICATED IN THE FORM INDICATED IN THE ANNEX .

IF NO TENDERS ARE RECEIVED , MEMBER STATES SHALL INFORM THE COMMISSION OF THIS WITHIN THE TIME LIMIT INDICATED IN THE PRECEDING PARAGRAPH .

ARTICLE 7

THE TIME LIMITS FIXED FOR THE SUBMISSION OF TENDERS SHALL CORRESPOND TO BELGIAN TIME .

ARTICLE 8

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 24 NOVEMBER 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT

( 1 ) OJ NO L 281 , 1 . 11 . 1975 , P . 1 .

( 2 ) OJ NO L 184 , 17 . 7 . 1980 , P . 1 .

( 3 ) OJ NO L 281 , 1 . 11 . 1975 , P . 82 .

( 4 ) OJ NO L 303 , 28 . 11 . 1977 , P . 1 .

( 5 ) OJ NO L 281 , 1 . 11 . 1975 , P . 78 .

( 6 ) OJ NO L 143 , 7 . 6 . 1980 , P . 11 .

( 7 ) OJ NO L 319 , 20 . 11 . 1973 , P . 10 .

( 8 ) OJ NO L 31 , 5 . 2 . 1975 , P . 7 .

( 9 ) OJ NO L 77 , 26 . 3 . 1975 , P . 13 .

( 10 ) OJ NO L 31 , 5 . 2 . 1975 , P . 8 .

( 11 ) OJ NO L 351 , 15 . 12 . 1978 , P . 16 .

( 12 ) OJ NO L 25 , 31 . 1 . 1975 , P . 10 .

ANNEX

WEEKLY TENDER FOR THE LEVY/REFUND FOR THE EXPORT OF BARLEY TO POLAND , CZECHOSLOVAKIA , HUNGARY , ROMANIA , BULGARIA AND THE GERMAN DEMOCRATIC REPUBLIC

( CLOSING DATE FOR THE SUBMISSION OF TENDERS ( DATE/TIME ) )

I

1*2*3*

NUMBER OF TENDERER*QUANTITY IN TONNES*AMOUNT OF EXPORT LEVY IN NATIONAL CURRENCY PER TONNE*

1***

2***

3***

4***

5***

ETC .***

II

1*2*3*

NUMBER OF TENDERER*QUANTITY IN TONNES*AMOUNT OF EXPORT REFUND IN NATIONAL CURRENCY PER TONNE*

1***

2***

3***

4***

5***

ETC .