CELEX: 31994R1081
Language: en
Date: 1994-05-10 00:00:00
Title: COMMISSION REGULATION (EC) No 1081/94 of 10 May 1994 opening an invitation to tender for the refund for the export of barley to all third countries

11 . 5. 94                                Official Journal of the European Communities                             No L 120/21
                                          COMMISSION REGULATION (EC) No 1081 /94
                                                            of 10 May 1994
                    opening an invitation to tender for the refund 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                                          Article 1
  Community,
                                                                        1 . Tenders shall be invited for the export refund
  Having regard to Council Regulation (EEC) No 1766/92                 provided for in Article 5 of Regulation (EEC) No 1533/93.
 of 30 June 1992 on the common organization of the                     2. The tendering procedure shall concern barley for
 market in cereals ('), as amended by Regulation (EEC) No              export to all third countries.
  2193/93 (2),
                                                                       3. The invitation shall remain open until 18 May 1995.
  Having regard to Council Regulation (EEC) No 1533/93                 During this period weekly awards shall be made, for
 of 22 June 1993 laying down certain detailed rules under              which the quantities and the time limits for the submis­
  Council Regulation (EEC) No 1766/92 on the granting of               sion of tenders shall be as prescribed in the notice of invi­
 export refunds on cereals and the measures to be taken in             tation to tender.
 the event of disturbance on the market for cereals (3), as
 amended by Commission Regulation (EC) No 120/94 (4),                                            Article 2
 and in particular Article 5 (2) thereof,
                                                                       A tender shall be valid only if it related to an amount of
                                                                       not less than 1 000 tonnes .
 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                                          Article 3
 Article 5 of Regulation (EEC) No 1 533/93 ;
                                                                       The security referred to in Article 6 of Regulation (EEC)
                                                                       No 1533/93 shall be ECU 12 per tonne.
 Whereas the detailed procedural rules governing invita­
 tions to tender are, as regards the fixing of the export
                                                                                                 Article 4
 refund, in Commission Regulation (EEC) No 1 533/93 ;
 whereas the commitments on the part of the tenderer                   1 . Notwithstanding Article 21 (1 ) of Commission
 include an obligation to lodge an application for an                  Regulation (EEC) No 3719/88 (*), export licences issued
 export licence ; whereas compliance with this obligation             under Article 9 ( 1 ) of Regulation (EEC) No 1533/93 shall,
 may be ensured by requiring tenderers to lodge a ten­                 for the purpose of determining their period of validity, be
 dering security of ECU 12 per tonne when they submit                  deemed to have been issued on the day on which the
 their tenders ;                                                       tender was submitted.
Whereas it is necessary to specify the exact duration of               2. Export licences issued in connection with the invita­
validity of the licences issued under this tendering pro­              tion to tender pursuant to this Regulation shall be valid
cedure ; whereas the period of validity must correspond to            from their date of issue, as defined in paragraph 1 , until
 the current requirements of the world market ;                       the end of the fourth month following that of issue.
                                                                       Licences issued before 1 July 1993, however, may only be
Whereas, in order to ensure that all those concerned are              used from that date .
treated equally, it is necessary to lay down that the period
of validity of the licences issued should be identical ;
                                                                                                 Article 5
Whereas, in order to ensure the smooth operation of the                1 . The Commission shall decide, under the procedure
tendering procedure, it is appropriate to prescribe a                 laid down in Article 26 of Regulation (EEC) No 1766/92 :
minimum quantity to be tendered for and a time limit
and form for the communication of tenders submitted to                — to fix a maximum export refund, taking account in
the competent authorities ;                                                particular of the criteria laid down in Article 2 of
                                                                           Regulation (EEC) No 1533/93, or
                                                                      — to make no award.
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                      2. Where a maximum export refund is fixed, a contract
Committee for Cereals,
                                                                      shall be awarded to any tenderer whose tender indicates a
                                                                      rate of refund equal to or less than such maximum export
(') OJ   No  L 181 , 1 . 7. 1992, p. 21 .                             refund.
 2) OJ   No  L 196, 5. 8 . 1993, p. 22.
(3) OJ   No  L 151 , 23 . 6. 1993, p. 15.
0   OJ   No  L 21 , 26. 1 . 1994, p. 1 .                              (5) OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak--- No L 120/22                          Official Journal of the European Communities                              11 . 5. 94
                         Article 6                                                       Article 7
Tenders submitted must reach the Commission through
the intermediary Member States, at the latest one and a         The time limits fixed for the submission of tenders shall
half hours after expiry of the period for the weekly            correspond to Belgian time.
submission of tenders as specified in the notice of invita­
tion to tender. They must be communicated in the form
indicated in Annex I, to the telex or telefax numbers in                                 Article 8
Annex II.
If no tenders are received, Member States shall inform the      This Regulation shall enter into force on the day
Commission of this within the time limit indicated in the       following its publication in the Official Journal of the
preceding paragraph.                                            European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 10 May 1994.
                                                                         For the Commission
                                                                           Rene STEICHEN
                                                                     Member of the Commission
 ---pagebreak--- 11 . 5. 94                       Official Journal of the European Communities                                No L 120/23
                                                        ANNEX I
                 Weekly tender for the refund for the export of barley to all third countries
                                              (Regulation (EC) No 1081 /94)
                               (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 .