CELEX: 31991R1206
Language: en
Date: 1991-05-09 00:00:00
Title: Commission Regulation (EEC) No 1206/91 of 7 May 1991 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 and the Canary Islands

9 . 5 . 91                                Official Journal of the European Communities                            No L 116/31
                                       COMMISSION REGULATION (EEC) No 1206/91
                                                           of 7 May 1991
                   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 and the Canary Islands
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         tion and the first closing date for the submission of
                                                                     tenders ;
 Having regard to the Treaty establishing the European               Whereas, in order to ensure the smooth operation of the
 Economic Community,                                                 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
 Having regard to Council Regulation (EEC) No 2727/75                the competent authorities ;
 of 29 October 1975 on the common organization of the
 market in cereals ('), as last amended by Regulation (EEC)          Whereas the measures provided for in this Regulation are
 No 3577/90 (2),                                                     in accordance with the opinion of the Management
                                                                     Committee for Cereals,
 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
                                                                     HAS ADOPTED THIS REGULATION :
amount of such refunds (3), and in particular Article 5
 thereof,
                                                                                               Article 1
Whereas, in view of the current situation on the cereals
market, an invitation should be opened in respect of                 1 . Tenders shall be invited for the export refund
barley to tender for the export refund provided for in               provided for in Article 5 of Regulation (EEC) No 2746/75.
Article 5 of Regulation (EEC) No 2746/75 ; whereas, in
order to ensure supply, the invitation to tender for export
should be limited to zones I, II, III, IV, V, VI, VII and            2. The invitation to tender shall relate to barley for
VIII and the Canary Islands ;                                        export to the countries of zones I, II, III, IV, V, VI, VII
                                                                     and VIII and the Canary Islands as defined in Annex I to
                                                                     Commission Regulation (EEC) No 11 24/77 (6).
Whereas the detailed procedural rules governing invita­
tions to tender are, as regards the fixing of the export             3.    The invitation shall remain open until 21 May 1992.
refund, in Commission Regulation (EEC) No 279/75 (4), as             During this period weekly awards shall be made, for
last amended by Regulation (EEC) No 2788/86 (5) ;                    which the quantities and the time limits for the submis­
whereas the commitments on the part of the tenderer                  sion of tenders shall be as prescribed in the notice of invi­
                                                                     tation to tender.
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 tende­              By way of derogation from Article 1 (2) of Regulation
ring security of ECU 12 per tonne when they submit                   (EEC) No 279/75, the time-limit for submission of
their tenders ;                                                      tenders under the first partial invitation to tender shall
                                                                     expire on 23 May 1991 .
Whereas, in order to ensure that all those concerned are
treated equally, it is necessary to lay down that the period                                   Article 2
of validity of the licences issued should be identical ;
                                                                     A tender shall be valid only if it related to an amount of
                                                                     not less than 1 000 tonnes.
Whereas, since the interested parties are already aware of
the terms of the invitation, a derogation may be made
from the provisions of Regulation (EEC) No 279/75 on
the period that must elapse between the date of publica­                                      Article 3
(')  OJ  No L 281 , 1 . 11 . 1975, p. 1 .                            The security referred to in Article 3 of Regulation (EEC)
(2)  OJ  No L 353, 17. 12. 1990, p. 23 .                             No 279/75 shall be ECU 12 per tonne.
0    OJ  No L 281 , 1 . 11 . 1975, p. 78 .
(4)  OJ  No L 31 , 5 . 2. 1975, p. 8 .
0    OJ  No L 257, 10 . 9. 1986, p. 32.                              0 OJ No L 134, 28. 5. 1977, p. 53 .
 ---pagebreak--- No L 116/32                             Official Journal of the European Communities                                 9 . 5 . 91
                           Article 4                                                       Article 6
1 . Notwithstanding Article 21 (1 ) of Commission
Regulation (EEC) No 3719/88 ('), export licences issued           Tenders submitted must reach the Commission through
under Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall,        the intermediary Member States, at the latest one and a
for the purpose of determining their period of validity, be       half hours after expiry of the period for the weekly
deemed to have been issued on the day on which the                submission of tenders as specified in the notice of invita­
tender was submitted.                                             tion to tender. They must be communicated in the form
                                                                  indicated in the Annex .
2. Export licences issued in connection with the invita­
tion to tender pursuant to this Regulation shall be valid
from their date of issue, as defined in paragraph 1 , until       If no tenders are received, Member States shall inform the
                                                                  Commission of this within the time limit indicated in the
the end of the fourth month following that of issue.
                                                                  preceding paragraph .
                           Article 5
1 . Notwithstanding Article 5 of Regulation (EEC) No
                                                                                           Article 7
279/75, the Commission shall decide, under the proce­
dure laid down in Article 26 of Regulation (EEC) No
2727/75 :                                                         The time limits fixed for the submission of tenders shall
— to fix a maximum export refund, taking account in               correspond to Belgian time.
     particular of the criteria laid down in Articles 2 and 3
    of Regulation (EEC) No 2746/75, or
— to make no award.                                                                        Article 8
2. Where a maximum export refund is fixed, a contract
shall be awarded to any tenderer whose tender indicates a         This Regulation shall enter into force on the day
rate of refund equal to or less than such maximum export          following its publication in the Official Journal of the
refund.                                                           European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                   Done at Brussels, 7 May 1991 .
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                       Member of the Commission
(') OJ No L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak--- 9 . 5 . 91                     Official Journal of the European Communities                               No L 116/33
                                                       ANNEX
           Weekly tender for the refund for the export of barley to countries of zones I, II, III, IV, V,
                                    VI, VII and VIII and the Canary Islands
                                            (Regulation (EEC) No 1206/91 )
                              (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.