Commission Regulation (EC) No 901/2002 of 30 May 2002 opening an invitation to tender for the refund for the export of barley to all third countries except the United States of America, Canada, Estonia and Latvia
Date: 2002-05-30
Institutions: European Commission
Subjects: award of contract, barley, export, export refund, third country

31.5.2002

EN

Official Journal of the European Communities

L 142/17

COMMISSION REGULATION (EC) No 901/2002

of 30 May 2002

opening an invitation to tender for the refund for the export of barley to all third countries except
the United States of America, Canada, Estonia and Latvia

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 1666/
2000 (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 602/2001 (4), and in
particular Article 4 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

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 provided for in Article 4 of
Regulation (EC) No 1501/95.

The detailed procedural rules governing invitations to
tender are as regards the fixing of the export refund in
Regulation (EC) No 1501/95. The commitments on the
part of the tenderer include an obligation to lodge an
application for an export licence. 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.

It is necessary to provide for a specific period of validity
for licences issued under that invitation to tender. That
period of validity must meet the needs of the world
market for the 2002/03 marketing year.

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.

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.

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Cereals,

Tenders shall be invited for the export refund provided

1.
for in Article 4 of Regulation (EC) No 1501/95.

2.
The tendering procedure shall concern barley for export
to all third countries except the United States, Canada, Estonia
and Latvia.

The invitation shall remain open until 22 May 2003.
3.
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.

Notwithstanding Article 4(4) of Regulation (EC) No 1501/95,
the time limit for the submission of tenders for the first partial
invitation to tender shall be 6 June 2002.

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 EUR 12 per tonne.

Article 4

1.
Notwithstanding Article 23(1) of Commission Regulation
(EC) No 1291/2000 of 9 June 2000 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 8(1) of Regu-
lation (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.

2.
Export licences issued in connection with the invitations
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

Notwithstanding Article 16 of Commission Regulation (EC) No
800/1999 (6), as last amended by Regulation (EC) No 2299/
2001 (7), proof of completion of customs formalities for release
for consumption shall not be required for payment of refunds
fixed in a contract awarded under this tender, in so far as the
operator provides proof that a quantity of at least 1 500 tonnes
the
of cereal products have left
Community on board a vessel suitable for sea transport.

the customs territory of

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 147, 30.6.1995, p. 7.
(4) OJ L 89, 29.3.2001, p. 16.

(5) OJ L 152, 24.6.2000, p. 1.
(6) OJ L 102, 17.4.1999, p. 11.
(7) OJ L 308, 27.11.2001, p. 19.

L 142/18

EN

Official Journal of the European Communities

31.5.2002

Article 6

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 make no award.

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.

Article 7

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
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 8

The time limits fixed for the submission of tenders shall corre-
spond to Belgian time.

Article 9

This Regulation shall enter into force on the day of its publica-
tion 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 May 2002.

For the Commission

Franz FISCHLER

Member of the Commission

31.5.2002

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Official Journal of the European Communities

L 142/19

ANNEX I

Weekly tender for the refund for the export of barley to all third countries except the United States of America,
Canada, Estonia and Latvia

(Regulation (EC) No 901/2002)

ANNEX II

The only numbers to use to call Brussels (DG AGRI-C-1) are:

— fax:

(32-2) 296 49 56,
(32-2) 295 25 15.