‹‹ EN Official Journal of the European Communities L 154/20 28. 5. 98
COMMISSION REGULATION (EC) No 1078/98
of 27 May 1998
opening an invitation to tender for the refund or the tax for the export of barley
to all third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of themarket in cereals (
1), as last amended by Commission
Regulation (EC) No 923/96 (2),
Having regard to Commission Regulation (EC) No
1501/95 of 29 June 1995 laying down certain detailedrules for the application of Council Regulation (EEC) No1766/92 on the granting of export refunds on cereals andthe measures to be taken in the event of disturbance onthe market for cereals (
3), as last amended by Regulation
(EC) No 2052/97 (4), and in particular Article 4 thereof,
Whereas, in view of the current situation on the cereals
market, an invitation should be opened, in respect ofbarley to tender for the export refund or tax provided forin Article 4 of Regulation (EC) No 1501/95;
Whereas the detailed procedural rules governing invita-
tions to tender are as regards the fixing of the exportrefund, or export tax in Regulation (EC) No 1501/95;whereas the commitments on the part of the tendererinclude an obligation to lodge an application for anexport licence; whereas compliance with this obligationmay be ensured by requiring tenderers to lodge a ten-dering security of ECU 12 per tonne when they submittheir tenders;
Whereas it is necessary to provide for a specific period of
validity for licences issued under that invitation to tender;whereas that period of validity must meet the needs of theworld market for the 1998/99 marketing year;
Whereas, in order to ensure that all those concerned are
treated equally, it is necessary to lay down that the periodof validity of the licences issued should be identical;
Whereas, in order to ensure the smooth operation of the
export tendering procedure it is appropriate to prescribe aminimum quantity to be tendered for and a time limit
and form for the communication of tenders submitted tothe competent authorities;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the ManagementCommittee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. Tenders shall be invited for the export refund and/or
export tax provided for in Article 4 of Regulation (EC) No1501/95.
2. The tendering procedure shall concern barley for
export to all third countries.
3. The invitation shall remain open until 27 May 1999.
During this period weekly awards shall be made, forwhich the quantities and the time limits for the sub-mission of tenders shall be as prescribed in the notice ofinvitation 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 5(3a) of Regulation (EC)
No 1501/95 shall be ECU 12 per tonne.
Article 4
1. Notwithstanding Article 21(1) of Commission Regu-
lation (EEC) No 3719/88 (
5), export licences issued under
Article 8(1) of Regulation (EC) No 1501/95 shall, for thepurpose of determining their period of validity, bedeemed to have been issued on the day on which thetender was submitted.
(1) OJ L 181, 1. 7. 1992, p. 21.
(2) OJ L 126, 24. 5. 1996, p. 37.
(3) OJ L 147, 30. 6. 1995, p. 7.
(4) OJ L 287, 21. 10. 1997, p. 14. (5) OJ L 331, 2. 12. 1988, p. 1.
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2. Export licences issued in connection with the invita-
tions to tender pursuant to this Regulation shall be validfrom their date of issue, as defined in paragraph 1, untilthe end of the fourth month following that of issue.
Licences issued before 1 July 1998, however, may only be
used from that date.
Article 5
1. The Commission shall decide, pursuant to the
procedure laid down in Article 23 of Regulation (EEC)No 1766/92:
— to fix a maximum export refund, taking account in
particular of the criteria laid down in Article 1 ofRegulation (EC) No 1501/95, or
— to fix a minimum export tax, taking into account in
particular the criteria laid down in Article 1 of Regula-tion (EC) No 1501/95, or
— to make no award.
2. Where a maximum export refund is fixed, the
contract shall be awarded to the tenderer or tendererswhose bids are equal to or lower than the maximumrefund, as well as to the tenderer or tenderers whose bidrelates to an export tax.3. Where a minimum export tax is fixed, a contract
shall be awarded to any tenderer whose tender indicates arate of tax equal to or more than such minimum exporttax.
Article 6
Tenders submitted must reach the Commission through
the intermediary Member States, at the latest one and ahalf hours after expiry of the period for the weeklysubmission of tenders as specified in the notice of invita-tion to tender. They must be communicated in the formindicated in Annex I, to the telex or fax numbers inAnnex II.
If no tenders are received, Member States shall inform the
Commission of this within the time limit indicated in thepreceding 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, 27 May 1998.
For the Commission
Franz FISCHLER
Member of the Commission
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ANNEX I
Weekly tender for the refund or the tax for the export of barley to all third countries
(Regulation (EC) No 1078/98)
(Closing date for the submission of tenders (date/time))
1 23
Number
of tendererQuantity
in tonnesA B
Amount
of export tax
in ECU per tonneAmount
of export refund
in ECU per tonne
1
2
3
etc.
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ANNEX II
The only numbers to use to call Brussels (DG VI-C-1) are:
— telex: — 22037 AGREC B,
— 22070 AGREC B (Greek characters),
— fax: — 295 25 15,
— 296 49 56.