Commission Regulation (EC) No 1701/1999 of 30 July 1999 opening an invitation to tender for the refund or the tax for the export of barley to all third countries
Date: 1999-07-30
Institutions: European Commission
Subjects: award of contract, barley, export refund, export tax, third country

31. 7. 1999

EN

Official Journal of the European Communities

L 201/27

COMMISSION REGULATION (EC) No 1701/1999

of 30 July 1999

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,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

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 Regulation (EC) No 1253/
1999 (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 2513/98 (4), and in
particular Article 4 thereof,

(1) 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;

(2) 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
tendering security of EUR 12 per tonne when they
submit their tenders;

(3) 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 1999/2000 marketing
year;

(4) Whereas, in order to ensure that all those concerned are
it is necessary to lay down that the
the licences issued should be

treated equally,
period of validity of
identical;

(5) Whereas, in order to ensure the smooth operation of the
export 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;

(6) Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Management
Committee for Cereals,

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 160, 26.6.1999, p. 18.
(3) OJ L 147, 30.6.1995, p. 7.
(4) OJ L 313, 21.11.1998, p. 16.

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 export

2.
to all third countries.

3.
The invitation shall remain open until 25 May 2000.
During this period weekly awards shall be made, for which the
quantities and 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 5(3a) of Regulation (EC) No
1501/95 shall be euro 12 per tonne.

Article 4

1.
Notwithstanding Article 21(1) of Commission Regulation
(EEC) No 3719/88 laying down common detailed rules for the
application of the system of import and export licences and
advance fixing certificates for agricultural products (5), export
licences issued under Article 81(1) of Regulation (EC) No 150/
95 shall,
for the purpose of determining their period of
validity, be deemd to have been issued on the day on which the
tender was submitted.

Export licences issued in connection with the invitations
2.
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

The Commission shall decide, pursuant to the procedure

1.
laid down in Article 23 of Regulation (EEC) No 1766/92:
— to fix a maximum export refund, taking account in partic-
ular 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 partic-
ular the criteria laid down in Article 1 of Regulation (EC)
No 1501/95, or
— to make no award.

(5) OJ L 331, 2.12.1988, p. 1.

L 201/28

EN

Official Journal of the European Communities

31. 7. 1999

2. Where a maximum export refund is fixed, the 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.

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.

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

Article 6

The time limits fixed for the submission of tenders shall cor-
respond to Belgian time.

Tenders submitted must reach the Commission through the
intermediary 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

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, 30 July 1999.

For the Commission

Franz FISCHLER

Member of the Commission

31. 7. 1999

EN

Official Journal of the European Communities

L 201/29

Weekly tender for the refund or the tax for the export of barley to all third countries

ANNEX I

(Regulation (EC) No 1701/1999)

(Closing date for the submission of tenders (date/time))

1

2

3

A

B

Number of tenderer

Quantity in tonnes

Amount of export tax in
EUR/tonne

Amount of export refund in
EUR/tonne

1

2

3

etc.

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.