CELEX: 31993R1279
Language: en
Date: 1993-05-28 00:00:00
Title: Commission Regulation (EEC) No 1279/93 of 27 May 1993 opening an invitation to tender for the refund for the export of barley to all third countries

28 . 5. 93                               Official Journal of the European Communities                            No L 131 / 19
                                       COMMISSION REGULATION (EEC) No 1279/93
                                                         of 27 May 1993
                   opening an invitation to tender for the refund for the export of barley to all third
                                                             countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         from the provisions of Regulation (EEC) No 279/75 on
                                                                    the period that must elapse between the date of publica­
Having regard to the Treaty establishing the European               tion and the first closing date for the submission of
Economic Community,                                                 tenders ;
Having regard to Council Regulation (EEC) No 2727/75                Whereas, in order to ensure the smooth operation of the
of 29 October 1975 on the common organization of the                tendering procedure, it is appropriate to prescribe a
market in cereals ('), as last amended by Regulation (EEC)          minimum quantity to be tendered for and a time limit
No 1738/92 (2),                                                     and form for the communication of tenders submitted to
                                                                    the competent authorities ;
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               Whereas the measures provided for in this Regulation are
amount of such refunds (3), and in particular Article 5             in accordance with the opinion of the Management
                                                                    Committee for Cereals,
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 provided for in              HAS ADOPTED THIS REGULATION :
Article 5 of Regulation (EEC) No 2746/75 ;
Whereas the detailed procedural rules governing invita­                                       Article 1
tions to tender are, as regards the fixing of the export
refund, in Commission Regulation (EEC) No 279/75 (4), as
last amended by Regulation (EEC) No 2788/86 (5);                     1 . Tenders shall be invited for the export refund
whereas the commitments on the part of the tenderer                 provided for in Article 5 of Regulation (EEC) No 2746/75.
include an obligation to lodge an application for an
export licence ; whereas compliance with this obligation            2. The tendering procedure shall concern barley for
may be ensured by requiring tenderers to lodge a ten­               export to all third countries, provided successful tenderers
dering security of ECU 12 per tonne when they submit                comply with the measures provided for in the regulation
their tenders ;                                                     laying down detailed rules of application for the grant of
                                                                    export refunds, which will enter into force on 1 July
Whereas it is necessary to specify the exact duration of            1993 .
validity of the licences issued under this tendering pro­
cedure ; whereas the period of validity must correspond to          3.    The invitation shall remain open until 26 May 1994.
the current requirements of the world market ;                      During this period weekly awards shall be made, for
                                                                    which the quantities and the time limits for the submis­
Whereas on 1 July 1993 a new regulation will enter into             sion of tenders shall be as prescribed in the notice of invi­
force laying down detailed rules of application for the             tation to tender.
grant of export refunds and measures to be taken in the
event of disturbances in the cereals sector ; whereas
                                                                    By way of derogation from Article 1 (2) of Regulation
successful tenderers must, when carrying out export                 (EEC) No 279/75, the time limit for submission of
operations from 1 July onwards, comply with the new                 tenders under the first partial invitation to tender shall
measures concerning proof of arrival at destination which           expire on 3 June 1993 .
will enter into force on that date ;
Whereas, in order to ensure that all those concerned are
                                                                                              Article 2
treated equally, it is necessary to lay down that the period
of validity of the licences issued should be identical ;
                                                                    A tender shall be valid only if it related to an amount of
Whereas, since the interested parties are already aware of          not less than 1 000 tonnes .
the terms of the invitation, a derogation may be made
(>) OJ  No  L 281 , 1 . 11 . 1975, p. 1 .                                                     Article 3
(2) OJ  No  L 180, 1 . 7. 1992, p. 1 .
0   OJ  No  L 281 , 1 . 11 . 1975, p. 78.
0   OJ  No  L 31 , 5. 2. 1975, p. 8.                                The security referred to in Article 3 of Regulation (EEC)
0   OJ  No  L 257, 10. 9. 1986, p. 32.                              No 2 79/75 shall be ECU 12 per tonne.
 ---pagebreak---  No L 131 /20                           Official Journal of the European Communities                                28 . 5. 93
                            Article 4                             rate of refund equal to or less than such maximum export
                                                                  refund.
 1 . Notwithstanding Article 21 (1 ) of Commission
Regulation (EEC) No 3719/88 ('), export licences issued
under Article 8 (1 ) of Regulation (EEC) No 279/75 shall,                                  Article 6
for the purpose of determining their period of validity, be
deemed to have been issued on the day on which the                Tenders submitted must reach the Commission through
tender was submitted.                                             the intermediary Member States, at the latest one and a
2. Export licences issued in connection with the invita­          half hours after expiry of the period for the weekly
tion to tender pursuant to this Regulation shall be valid         submission of tenders as specified in the notice of invita­
                                                                  tion to tender. They must be communicated in the form
from their date of issue, as defined in paragraph 1 , until       indicated in Annex I, to the telex or telefax numbers in
the end of the fourth month following that of issue.              Annex II.
Licences issued before 1 July 1993, however, may only be
used from that date.                                              If no tenders are received, Member States shall inform the
                                                                  Commission of this within the time limit indicated in the
                            Article 5                             preceding paragraph .
1 . Notwithstanding Article 5 of Regulation (EEC) No
279/75, the Commission shall decide, under the pro­                                        Article 7
cedure laid down in Article 26 of Regulation (EEC) No
                                                                  The time limits fixed for the submission of tenders shall
2727/75 :
                                                                  correspond to Belgian time.
— 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                                                    Article 8
— to make no award.
                                                                  This Regulation shall enter into force on the day
2. Where a maximum export refund is fixed, a contract             following its publication in the Official Journal of the
shall be awarded to any tenderer whose tender indicates a         European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                   Done at Brussels, 27 May 1993 .
                                                                            For the Commission
                                                                              Rene STEICHEN
                                                                       Member of the Commission
(') OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak--- 28 . 5. 93                       Official Journal of the European Communities                                No L 131 /21
                                                        ANNEX I
                 Weekly tender for the refund for the export of barley to all third countries
                                             (Regulation (EEC) No 1279/93)
                               (Closing date for the submission of tenders (date/time))
                     1                  2                                       3
                 Number              Quantity                       Amount of export refund
                of tenderer         in tonnes                           in ECU per tonne
                     1
                     2
                     3
                    etc.
                                                       ANNEX II
           The only numbers to use to call Brussels (DG VI-C-1 (Attention : Messrs Thibault and Brus)) are :
           — telex :           22037 AGREC B
                               22070 AGREC B (Greek characters)
           — telefax :         — 295 01 32,
                               — 295 25 15,
                               — 296 10 97.