CELEX: 31988R2472
Language: en
Date: 1988-08-06 00:00:00
Title: Commission Regulation (EEC) No 2472/88 of 5 August 1988 opening an invitation to tender for the refund for the export of barley to countries of zones I, II, III, IV, V, VI, VII and VIII, the German Democratic Republic and the Canary Islands

Official Journal of the European Communities                             No L 213/ 13
6 . 8 . 88
                                       COMMISSION REGULATION (EEC) No 2472/88
                                                           of 5 August 1988
                   opening an invitation to tender for the refund for the export of barley to
                   countries of zones I, II, III, IV, V, VI, VII and VIII, the German Democratic
                                                  Republic and the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            2.    The invitation to tender shall relate to barley for
Having regard to the Treaty establishing the European                  export to countries of zones I, II, III, IV, V, VI, VII and
 Economic Community,                                                   VIII, the German Democratic Republic and the Canary
                                                                       Islands, defined in Annex I to Commission Regulation
 Having regard to Council Regulation (EEC) No 2727/75                  (EEC) No 11 24/77 («).
 of 29 October 1975 on the common organization of the
 market in cereals ('), as last amended by Regulation (EEC)            3. The invitation shall remain open until 25 May 1989.
 No 2221 /88 0,                                                        During this period weekly awards shall be made, for
 Having regard to Council Regulation (EEC) No 2746/75                  which the quantity and the time limits for the submission
 of 29 October 1975 laying down general rules for granting             of tenders shall be as prescribed in the notice of invitation
 export refunds on cereals and criteria for fixing the                 to tender.
 amount of such refunds (3), and in particular Article 5
 thereof,                                                              By way of derogation from Article 1 (2) of Regulation
                                                                       (EEC) No 279/75, the time lipiit for submission of
 Whereas, in view of the current situation on the cereals              tenders under the first partial invitation to tender shall
 market, an invitation should be opened in respect of                  expire on 11 August 1988 .
 barley to tender for the export refund provided for in
 Article 5 of Regulation (EEC) No 2746/75 ; whereas there
 is demand for barley on certain specific markets ; whereas,                                      Article 2
 in order to ensure supply, the invitation to tender for
 export should be limited to exports to zones I, II, III, IV,          A tender shall be valid only if it relates to an amount' of
 V, VI, VII and VIII, the German Democratic Republic                   not less than 1 000 tonnes.
 and the Canary Islands ;
 Whereas the detailed procedural rules governing invita­                                          Article 3
 tions to tender are, as regards the fixing of the export
 refund, laid down by Commission Regulation (EEC) No                   The security referred to in Article 3 of Regulation (EEC)
 279/75 (4), as last amended by Regulation (EEC) No                    No 279/75 shall be 12 ECU per tonne.
 2788/86 (*) ; whereas the commitments on the part of the
 tenderer include an obligation to lodge an application for                                       Article 4
 an export licence ; whereas compliance with this obliga­
 tion may be ensured by requiring tenderers to lodge a                 1 . Notwithstanding Article 21 ( 1 ) of Commission
 tendering security of 12 ECU per tonne when they                      Regulation (EEC) No 3183/80 Q, export licences issued
 submit their tenders ;                                                pursuant to Article 8 ( 1 ) of Regulation (EEC) No 279/75
 Whereas, in order to ensure equal treatment to all                    shall, for the purpose of determining their period of vali­
 concerned, it is necessary to make provision such that the            dity, be deemed to have been issued on the day on which
 periods of validity of licences issued are identical ;              ' the tender was submitted.
 Whereas, in order to ensure the smooth operation of the               2.     Export licences issued in connection with the invita­
 tendering procedure, it is appropriate to prescribe a
                                                                       tion to tender pursuant to this Regulation shall be valid
 minimum quantity to be tendered for and a time limit
 and form for the communication of tenders submitted to                from their date of issue, as defined in paragraph 1 , until
                                                                       the end of the fourth month following that of issue.
 the competent authorities ;
 Whereas the measures provided for in this Regulation are
                                                                                                  Article 5
 in accordance with the opinion of the Management
 Committee for Cereals,
                                                                       1 . Notwithstanding Article 5 of Regulation (EEC) No
 HAS ADOPTED THIS REGULATION :                                         279/75, the Commission shall decide, under the proce­
                                                                       dure laid down in Article 26 of Regulation (EEC) No
                              Article 1                                2727/75 :
  1 . Tenders shall be invited for the export refund                   — to fix a maximum export refund, taking account in
 provided for in Article 5 of Regulation (EEC) No 2746/75.                  particular of the criteria laid down in Articles 2 and 3
                                                                            of Regulation (EEC) No 2746/75, or
 (') OJ   No L 281 , 1 . 11 . 1975, p. 1 .                             — to make no award.
 (2) OJ  No  L 197, 26. 7. 1988, p. 16.
 0   OJ  No  L 281 , 1 . 11 . 1975, p. 78 .
 (4) OJ  No  L 31 , 5. 2: 1975, p. 8.                                  («) OJ No L 134, 28 . 5. 1977, p. 53.
 0   OJ  No  L 257, 9 . 9 . 1986, p. 32.                               0 OJ No L 338, 13. 12. 1980, p. 1 .
 ---pagebreak---                                        Official Journal of the European Communities                                       6. 8 . 88
No L 213/ 14
2. Where a maximum export refund is fixed, a contract                . If no tenders are received, Member States shall inform the
shall be awarded to any tenderer whose tender indicates a              Commission of this within the time limit indicated in the *
rate of refund equal to or less than such maximum export               preceding paragraph.
refund.
                                                                                                  Article 7
                                                                                                                       \
                          Article 6                                    The time limits fixed for the submission of tenders shall
                                                                       correspond to Belgian time.
Tenders submitted must reach the Commission through
the intermediary of Member States at the latest one and a                                         Article 8
half hours after expiry of the period for the weekly
submission of tenders as specified in the notice of invita­            This Regulation shall enter into force on the day
tion to tender. They must be communicated in the form                  following its publication in the Official Journal of the
indicated in the Annex.                                                European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 5 August 1988 .
                                                                                 For the Commission
                                                                                  Frans ANDRIESSEN
                                                                                     Vice-President
                                                              ANNEX
                Weekly tender for the refund for the export of barley to countries of zones I, II, III, IV, V,
                       VI, VII and VIII, the German Democratic Republic and the Canary Islands
                                                    Regulation (EEC) No 2472/88
                                     (Closing date for the submission of tenders (date/time))
                           1                    2                                       3
                  Number of tenderer         Quantity                        Amount of export refund
                                            in tonnes                           in ECU per' tonne
                          1
                          2          ll
                          3          I
                          4          l
                          5          \
                         etc.
                                     I