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
Date: 1998-05-27
Institutions: European Commission
Subjects: barley, export, export refund, export tax, third country

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Official Journal of the European Communities

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 European
Community,

Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of the
market
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 detailed
rules for the application of Council Regulation (EEC) No
1766/92 on the granting of export refunds on cereals and
the measures to be taken in the event of disturbance on
the 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 of
barley to tender for the export refund or tax provided for
in 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 export
refund, or export tax in Regulation (EC) No 1501/95;
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 ten-
dering security of ECU 12 per tonne when they submit
their 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 the
world market for the 1998/99 marketing year;

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
the Management
in accordance with the opinion of
Committee 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) No
1501/95.

The tendering procedure shall concern barley for

2.
export to all third countries.

The invitation shall remain open until 27 May 1999.
3.
During this period weekly awards shall be made,
for
which the quantities and the time limits for the sub-
mission 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 5(3a) of Regulation (EC)
No 1501/95 shall be ECU 12 per tonne.

Whereas, in order to ensure that all those concerned are
treated equally, it is necessary to lay down that the period
of validity of the licences issued should be identical;

Article 4

Whereas, in order to ensure the smooth operation of the
export tendering procedure it is appropriate to prescribe a

(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.

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 the
purpose of determining their period of validity, be
deemed to have been issued on the day on which the
tender was submitted.

(5) OJ L 331, 2. 12. 1988, p. 1.

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Official Journal of the European Communities

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2.
Export licences issued in connection with the invita-
tions 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.

3. Where a minimum export tax is fixed, a contract
shall be awarded to any tenderer whose tender indicates a
rate of tax equal to or more than such minimum export
tax.

Licences issued before 1 July 1998, however, may only be
used from that date.

Article 6

Article 5

The Commission shall decide, pursuant

1.
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 of
Regulation (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.

the
2. Where a maximum export
contract shall be awarded to the tenderer or tenderers
whose bids are equal to or lower than the maximum
refund, as well as to the tenderer or tenderers whose bid
relates to an export tax.

refund is fixed,

Tenders submitted must reach the Commission through
the intermediary Member States, at the latest one and a
the period for the weekly
half hours after expiry of
submission of tenders as specified in the notice of invita-
tion to tender. They must be communicated in the form
indicated in Annex I, to the telex or fax numbers in
Annex II.

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, 27 May 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

28. 5. 98

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

2

3

Number
of tenderer

Quantity
in tonnes

A

B

Amount
of export tax
in ECU per tonne

Amount
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:

— fax:

— 22037 AGREC B,
— 22070 AGREC B (Greek characters),

— 295 25 15,
— 296 49 56.