CELEX: 31980R3027
Language: en
Date: 1980-11-25 00:00:00
Title: Commission Regulation (EEC) No 3027/80 of 24 November 1980 opening an invitation to tender for the levy and/or refund for the export of rye to Poland, Czechoslovakia, Hungary and Zone IIb, and amending Regulation (EEC) No 2225/80

No L 317 / 22                                   Official Journal of the European Communities                                25 . 11 . 80
                                           COMMISSION REGULATION ( EEC) No 3027/80
                                                             of 24 November 1980
               opening an invitation to tender for the levy and/or refund for the export of rye to
               Poland, Czechoslovakia, Hungary and Zone lib, and amending Regulation ( EEC) No
                                                                    2225 / 80
THE COMMISSION OF THE EUROPEAN                                              Whereas the detailed procedural rules governing
COMMUNITIES ,                                                               invitations to tender are as regards the fixing of the
                                                                            export levy laid down in Commission Regulation
Having regard to the Treaty establishing the                                ( EEC) No 3130 / 73 (8), as amended by Regulations
European Economic Community,                                                ( EEC) No 278 / 75 f) and ( EEC) No 771 / 75 ( 10),
                                                                            and, as regards the fixing of the export refund , in
Having regard to Council Regulation ( EEC) No                               Commission Regulation (EEC ) No 279 / 75 (u), as
2727 / 75 of 29 October 1975 on the common organi­                          amended by Regulation ( EEC) No 2944 / 78 (");
zation of the market in cereals ('), as last amended by                     whereas the commitments on the part of the tenderer
Regulation ( EEC) No 1870 / 80 (2 ),                                        include an obligation to lodge an application for an
                                                                            export licence ; whereas compliance with this
                                                                            obligation may be ensured by requiring tenderers to
Having regard to Council Regulation (EEC) No                                 lodge a tendering security of 12 ECU per tonne when
2747 / 75 of 29 October 1975 laying down general                             they submit their tenders ;
rules to be applied in the event of the cereals market
being disturbed (3), as last amended by Regulation                          Whereas , in order to ensure equal treatment to all
(EEC ) No 2560 / 77 (4), and in particular Article 2 (1 )                    concerned , it is necessary to make provision such that
thereof,                                                                     the periods of validity of licences issued are identical ;
                                                                            Whereas , in order to ensure the smooth operation of
Having regard to Council Regulation ( EEC) No
                                                                             the tendering procedure, it is appropriate to prescribe
2746 / 75 of 29 October 1975 laying down general
rules for granting export refunds on cereals and
                                                                             a minimum quantity to be tendered for and a time
                                                                             limit and form for the communication of tenders
criteria for fixing the amount of such refunds ( 5), and
                                                                             submitted to the competent authorities ;
in particular Article 5 thereof,
                                                                             Whereas the measures provided for in this Regulation
Whereas by Commission Regulation (EEC ) No                                   are in accordance with the opinion of the
2225 / 80 of 22 August 1980 (6) an invitation to tender                      Management Committee for Cereals ,
for the export of rye to Poland , Czechoslovakia,
Hungary and Zone lib was opened ; whereas in view
                                                                             HAS ADOPTED THIS REGULATION :
of the present situation the invitation to tender should
be closed ;
                                                                                                          Article 1
Whereas , in view of the current situation on the
cereals market, an invitation should be opened in                             1 . The date specified in Article 1 ( 3) of Regulation
respect of rye to tender for the export levy provided                         (EEC) No 2225 / 80 shall be replaced by '4 December
for in the first indent of Article 2 ( 1 ) of Regulation                      1980 '.
(EEC) No 2747 / 75 and / or for the export refund
provided for in Article 5 of Regulation ( EEC) No                             2 . Tenders shall be invited for the export levy
2746 / 75 ; whereas there is demand for rye on certain                        provided for in the first indent of Article 2 ( 1 ) of
specific markets ; whereas in order to ensure supply,                         Regulation ( EEC ) No 2747 / 75 and /or the export
the invitation to tender for export should be limited                         refund provided for in Article 5 of Regulation (EEC )
 to Poland , Czechoslovakia , Hungary and Zone lib as                         No 2746 / 75 .
defined in Annex I to Commission Regulation ( EEC)
 No 1124/ 77 O ;                                                              3 . The invitation to tender shall relate to rye for
                                                                              export to Poland , Czechoslovakia , Hungary and
   ') OJ No  L 281 ,  1 . 11 . 1975 , p . 1 .                                 Zone lib .
   2) OJ No  L  184 , 17 . 7 . 1980 , p . 1 .
   3) OJ No  L 281 ,  1 . 11 . 1975 , p . 82 .                                 (') OJ No L 31 , 20 . 11 . 1973 , p . 10 .
   4) OJ No  L 303 ,  28 . 11 . 1977 , p . 1 .                                 O   OJ No L 31 , 5 . 2 . 1975 , p . 7 .
   5) OJ No  L 281 ,  1 . 1 1 . 1975 , p . 78 .                              O     OJ No L 77 , 26 . 3 . 1975 , p . 13 .
   6) OJ No  L 222 ,  23 . 8 . 1980 , p . 6 .                                (")   OJ No L 31 , 5 . 2 . 1975 , p . 8 .
   7) OJ No  L  134 , 28 . 5 . 1977 , p . 53 .                               (")   OJ No L 351 , 15 . 12 . 1978 , p . 16 .
 ---pagebreak--- 25 . 11 . 80                             Official Journal of the European Communities                           No L 317 / 23
 4 . The invitation shall remain open until 30 June                 — to fix a maximum export refund, taking account
  1981 . During this period weekly awards shall be                      in particular of the criteria laid down in Articles 2
 made , for which the time limits for the submission of                 and 3 of Regulation ( EEC) No 2746/75 , or
 tenders shall be as prescribed in the notice of
 invitation to tender.                                              — to fix a minimum export levy, taking account in
                                                                        particular of the criteria laid down in Article 3 ( 1 )
                                                                        (b) and (d) of Regulation (EEC) No 2747 / 75 , or
                             Article 2                              — to make no award .
 A tender shall be valid only if it relates to an amount            2 . Where a maximum export refund is fixed , a
 of not less than 1 000 tonnes .
                                                                    contract shall be awarded to any tenderer whose
                                                                    tender indicates a rate of refund equal to or less than
                             Article 3                              such maximum export refund and to any tenderer
                                                                    who has tendered for an export levy.
 The security referred to in Article 3 of Regulation                Where a minimum export levy is fixed , a contract
 (EEC) No 3130/73 and in Article 3 of Regulation                    shall be awarded to any tenderer whose tender
 (EEC) No 279/75 shall be 12 ECU per tonne .                        indicates a rate of levy equal to or greater than such
                                                                    minimum export levy.
                            Article 4                                                        Article 6
 1.     Notwithstanding Article 9 ( 1 ) of Regulation               Tenders    submitted    must    reach   the  Commission
( EEC) No 193 /75 ('), export licences issued under                 through the intermediary of Member States at the
Article 8 ( 1 ) of Regulation (EEC) No 3130 / 73 or                 latest one and a half hours after expiry of the period
under Article 8 ( 1 ) of Regulation (EEC) No 279/ 75                for the weekly submission of tenders as specified in
shall, for the purpose of determining their period of               the notice of invitation to tender. They must be
validity, be deemed to have been issued on the day on               communicated in the form indicated in the Annex .
which the tender was submitted .
                                                                    If no tenders are received, Member States shall
2.     Export licences issued in connection with the                inform the Commission of this within the time limit
invitation to tender pursuant to this Regulation shall              indicated in the preceding paragraph .
be valid from their date of issue, as defined in
paragraph 1 , until the end of the fourth month                                              Article 7
following that of issue .
                                                                    The time limits fixed for the submission of tenders
                            Article 5                               shall correspond to Belgian time.
                                                                                             Article 8
1 . Notwithstanding Article 5 of Regulation (EEC)
No 3130/ 73 and Article 5 of Regulation (EEC) No
279/ 75, the Commission shall decide, under the                     This Regulation shall enter into force on the day
procedure laid down in Article 26 of Regulation                     following its publication in the Official Journal of the
( EEC ) No 2727 / 75 :                                              European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels , 24 November 1980 .
                                                                                         For the Commission
                                                                                         Finn GUNDELACH
                                                                                            Vice-President
(') OJ No L 25 , 31 . 1 . 1975 , p. 10 .
 ---pagebreak--- No L 317 / 24                       Official Journal of the European Communities                            25 . 11 . 80
                                                          ANNEX
             Weekly tender for the levy/refund for the export of rye to Poland, Czechoslovakia, Hungary and
                                                          Zone lib
                                  (Closing date for the submission of tenders (date/time))
                                                             I
                       1                     2                                        3
              Number of tenderer        Quantity                           Amount of export levy
                                        in tonnes                      in national currency per tonne
                       1
                      2
                      3
                      4
                      5
                     etc.
                                                             II
                       1                     2                                        3
              Number of tenderer        Quantity                          Amount of export refund
                                        in tonnes                      in national currency per tonne
                        1
                       2
                       3
                       4
                       5
                     etc .