CELEX: 31998R1078
Language: en
Date: 1998-05-27 00:00:00
Title: Commission Regulation (EC) No 1078/98 of 27 May 1998 opening an invitation to tender for the refund or the tax for the export of barley to all third countries

L 154/20             ¬ EN ¬             Official Journal of the European Communities                                 28. 5. 98
                                     COMMISSION REGULATION (EC) No 1078/98
                                                       of 27 May 1998
                   opening an invitation to tender for the refund or the tax for the export of barley
                                                    to all third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       minimum quantity to be tendered for and a time limit
                                                                  and form for the communication of tenders submitted to
                                                                  the competent authorities;
Having regard to the Treaty establishing the European
Community,                                                        Whereas the measures provided for in this Regulation are
                                                                  in accordance with the opinion of the Management
                                                                  Committee for Cereals,
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 Commission
Regulation (EC) No 923/96 (2),
                                                                  HAS ADOPTED THIS REGULATION:
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                                    Article 1
1766/92 on the granting of export refunds on cereals and
the measures to be taken in the event of disturbance on           1. Tenders shall be invited for the export refund and/or
the market for cereals (3), as last amended by Regulation         export tax provided for in Article 4 of Regulation (EC) No
(EC) No 2052/97 (4), and in particular Article 4 thereof,         1501/95.
                                                                  2. The tendering procedure shall concern barley for
Whereas, in view of the current situation on the cereals          export to all third countries.
market, an invitation should be opened, in respect of
barley to tender for the export refund or tax provided for
in Article 4 of Regulation (EC) No 1501/95;                       3. The invitation shall remain open until 27 May 1999.
                                                                  During this period weekly awards shall be made, for
                                                                  which the quantities and the time limits for the sub-
Whereas the detailed procedural rules governing invita-           mission of tenders shall be as prescribed in the notice of
tions to tender are as regards the fixing of the export           invitation to tender.
refund, or export tax in Regulation (EC) No 1501/95;
whereas the commitments on the part of the tenderer
include an obligation to lodge an application for an                                        Article 2
export licence; whereas compliance with this obligation
may be ensured by requiring tenderers to lodge a ten-
dering security of ECU 12 per tonne when they submit              A tender shall be valid only if it relates to an amount of
their tenders;                                                    not less than 1 000 tonnes.
Whereas it is necessary to provide for a specific period of                                 Article 3
validity for licences issued under that invitation to tender;
whereas that period of validity must meet the needs of the
                                                                  The security referred to in Article 5(3a) of Regulation (EC)
world market for the 1998/99 marketing year;
                                                                  No 1501/95 shall be ECU 12 per tonne.
Whereas, in order to ensure that all those concerned are
treated equally, it is necessary to lay down that the period                                Article 4
of validity of the licences issued should be identical;
                                                                  1. Notwithstanding Article 21(1) of Commission Regu-
                                                                  lation (EEC) No 3719/88 (5), export licences issued under
Whereas, in order to ensure the smooth operation of the           Article 8(1) of Regulation (EC) No 1501/95 shall, for the
export tendering procedure it is appropriate to prescribe a       purpose of determining their period of validity, be
                                                                  deemed to have been issued on the day on which the
(1) OJ L  181,  1. 7. 1992, p. 21.                                tender was submitted.
(2) OJ L  126,  24. 5. 1996, p. 37.
(3) OJ L  147,  30. 6. 1995, p. 7.
(4) OJ L  287,  21. 10. 1997, p. 14.                              (5) OJ L 331, 2. 12. 1988, p. 1.
 ---pagebreak--- 28. 5. 98          ¬ EN ¬              Official Journal of the European Communities                               L 154/21
2. Export licences issued in connection with the invita-         3. Where a minimum export tax is fixed, a contract
tions to tender pursuant to this Regulation shall be valid       shall be awarded to any tenderer whose tender indicates a
from their date of issue, as defined in paragraph 1, until       rate of tax equal to or more than such minimum export
the end of the fourth month following that of issue.             tax.
Licences issued before 1 July 1998, however, may only be                                  Article 6
used from that date.
                                                                 Tenders submitted must reach the Commission through
                                                                 the intermediary Member States, at the latest one and a
                           Article 5                             half hours after expiry of the period for the weekly
                                                                 submission of tenders as specified in the notice of invita-
1. The Commission shall decide, pursuant to the                  tion to tender. They must be communicated in the form
procedure laid down in Article 23 of Regulation (EEC)            indicated in Annex I, to the telex or fax numbers in
No 1766/92:                                                      Annex II.
— to fix a maximum export refund, taking account in              If no tenders are received, Member States shall inform the
    particular of the criteria laid down in Article 1 of         Commission of this within the time limit indicated in the
    Regulation (EC) No 1501/95, or                               preceding paragraph.
— to fix a minimum export tax, taking into account in
    particular the criteria laid down in Article 1 of Regula-                             Article 7
    tion (EC) No 1501/95, or
                                                                 The time limits fixed for the submission of tenders shall
— to make no award.                                              correspond to Belgian time.
2. Where a maximum export refund is fixed, the                                            Article 8
contract shall be awarded to the tenderer or tenderers
whose bids are equal to or lower than the maximum                This Regulation shall enter into force on the day
refund, as well as to the tenderer or tenderers whose bid        following its publication in the Official Journal of the
relates to an export tax.                                        European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 27 May 1998.
                                                                           For the Commission
                                                                             Franz FISCHLER
                                                                      Member of the Commission
 ---pagebreak--- L 154/22  ¬ EN ¬            Official Journal of the European Communities                              28. 5. 98
                                                  ANNEX I
         Weekly tender for the refund or the tax for the export of barley to all third countries
                                        (Regulation (EC) No 1078/98)
                           (Closing date for the submission of tenders (date/time))
                    1                     2                                    3
                                                                  A                         B
                Number                 Quantity
               of tenderer            in tonnes                 Amount                   Amount
                                                             of export tax           of export refund
                                                          in ECU per tonne          in ECU per tonne
                    1
                    2
                    3
                   etc.
 ---pagebreak--- 28. 5. 98  ¬ EN ¬             Official Journal of the European Communities L 154/23
                                                   ANNEX II
          The only numbers to use to call Brussels (DG VI-C-1) are:
          — telex:          — 22037 AGREC B,
                            — 22070 AGREC B (Greek characters),
          — fax:            — 295 25 15,
                            — 296 49 56.