CELEX: 31984R1604
Language: en
Date: 1984-06-08 00:00:00
Title: Commission Regulation (EEC) No 1604/84 of 6 June 1984 opening an invitation to tender for the levy and/or refund for the export of barley to countries of zones I, II (a), III, IV, V, VI, VII (a), VII (c), the German Democratic Republic and the Iberian Peninsula

No L 152/36                          Official Journal of the European Communities                                 8 . 6. 84
                                 COMMISSION REGULATION (EEC) No 1604/84
                                                     of 6 June 1984
               opening an invitation to tender for the levy and/or refund for the export of
               barley to countries of zones I, II (a), III, IV, V, VI, VII (a), VII (c), the German
                                  Democratic Republic and the Iberian Peninsula
THE COMMISSION OF THE EUROPEAN                                 with this obligation may be ensured by requiring
COMMUNITIES,                                                    tenderers to lodge a tendering security of 12 ECU per
                                                                tonne when they submit their tenders ;
Having regard to the Treaty establishing the European
Economic Community,                                             Whereas, in order to ensure equal treatment to all
Having regard to Council Regulation (EEC) No                    concerned, it is necessary to make provision such that
2727/75 of 29 October 1975 on the common organi­                the periods of validity of licences issued are identical ;
zation of the market in cereals ('), as last amended by
                                                                Whereas, in order to ensure the smooth operation of
Regulation (EEC) No 1451 /82 0,
                                                                the tendering procedure, it is appropriate to prescribe
Having regard to Council Regulation (EEC) No                    a minimum quantity to be tendered for and a time
2747/75 of 29 October 1975 laying down general rules            limit and form for the communication of tenders
to be applied in the event of the cereals market being          submitted to the competent authorities ;
disturbed (3), as last amended by Regulation (EEC) No
2560/77 (4), and in particular Article 2 (1 ) thereof,          Whereas the measures provided for in this Regulation
                                                                are in accordance with the opinion of the Management
Having regard to Council Regulation (EEC) No                    Committee for Cereals,
2746/75 of 29 October 1 975 laying down general rules
for granting export refunds on cereals and criteria for
fixing the amount of such refunds (*), and in particular
Article 5 thereof,                                              HAS ADOPTED THIS REGULATION :
Whereas, in view of the current situation on the
cereals market, an invitation should be opened in                                       Article 1
respect of barley to tender for the export levy provided
for in the first indent of Article 2 ( 1 ) of Regulation        1 . Tenders shall be invited for the export levy
(EEC) No 2747/75 and/or for- the export refund                  provided for in the first indent of Article 2 (1 ) of
provided for in Article 5 of Regulation (EEC) No                Regulation (EEC) No 2747/75 and/or the export
2746/75 ; whereas there is demand for barley on                 refund provided for in Article 5 of Regulation (EEC)
certain specific markets ; whereas, in order to ensure          No 2746/75.
supply, the invitation to tender for export should be
limited to exports to zones I, II (a), III, IV, V, VI,          2. The invitation to tender shall relate to barley for
VII (a), VII (c), the German Democratic Republic and            export to countries of zones I, 11(a), III, IV, V, VI,
the Iberian Peninsula ;                                         VII (a), VII (c), the German Democratic Republic and
                                                                the Iberian Peninsula, defined in Annex I to Regula­
Whereas the detailed procedural rules governing invi­           tion (EEC) No 1124/77.
tations to tender are, as regards the fixing of the export
levy, laid down in Commission Regulation (EEC) No               3.    The invitation shall remain open until 27 June
3130/73 (6), as amended by Regulations (EEC) No                  1985. During this period weekly awards shall be made,
278/75 0 and (EEC) No 771 /75 (8), and, as regards the          for which the quantity and the time limits for the
fixing of the export refund, in Commission Regulation           submission of tenders shall be as prescribed in the
(EEC) No 279/75 (9), as amended by Regulation (EEC)             notice of invitation to tender.
No 2944/78 (l0) ; whereas the commitments on the
part of the tenderer include an obligation to lodge an
application for an export licence ; whereas compliance                                   Article 2
                                                                A tender shall be valid only if it relates to an amount
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .                         of not less than 1 000 tonnes .
0 OJ No L 164, 14. 6. 1982, p. 1 .
P) OJ No L 281 , 1 . 11 . 1975, p. 82.
0 OJ No L 303, 28 . 11 . 1977, p. 1 .
0 OJ No L 281 , 1 . 11 . 1975, p. 78 .                                                   Article 3
(«) OJ No L 319 , 20 . 11 . 1973, p. 10.
0 OJ No L 31 , 5. 2. 1975, p. 7.
 8) OJ No L 77, 26. 3 . 1975, p. 13 .                           The security referred to in Article 3 of Regulation
(') OJ No L 31 , 5. 2. 1975, p. 8 .                             (EEC) No 3130/73 and in Article 3 of Regulation
(,0) OJ No L 351 , 15. 12. 1978, p. 16.                         (EEC) No 279/75 shall be 12 ECU per tonne.
 ---pagebreak--- 8 . 6. 84                            Official Journal of the European Communities                         No L 152/37   t
                          Article 4                            maximum export refund and to any tenderer who has
                                                               tendered for an export levy.
 1 . Notwithstanding Article 21 (1 ) of Regulation
(EEC) No 3183/80 ('), export licences issued under             Where a minimum export levy is fixed, a contract
Article 8 ( 1 ) of Regulation (EEC) No 3130/73 or under        shall be awarded to any tenderer whose tender indi­
Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, for       cates a rate of levy equal to or greater than such
the purpose of determining their period of validity, be        minimum export levy.
deemed to have been issued on the day on which the
 tender was submitted.
                                                                                       Article 6
2. Export licences issued in connection with the
invitation to tender pursuant to this Regulation shall
                                                               Tenders   submitted     must   reach  the   Commission
be valid from their date of issue, as defined in para­
graph 1 , until the end of the fourth month following          through the intermediary of Member States at the
that of issue.                                                 latest one and a half hours after expiry of the period
                                                               for the weekly submission of tenders as specified in
                          Article 5
                                                               the notice of invitation to tender. They must be
                                                               communicated in the form indicated in the Annex.
 1 . Notwithstanding Article 5 of Regulation (EEC)
No 3130/73 and Article 5 of Regulation (EEC) No                If no tenders are received, Member States shall inform
279/75, the Commission shall decide, under the                 the Commission of this within the time limit indi­
procedure laid down in Article 26 of Regulation (EEC)          cated in the preceding paragraph.
No 2727/75 :
— to fix a maximum export refund, taking account in                                    Article 7
     particular of the criteria laid down in Articles 2
     and 3 of Regulation (EEC) No 2746/75, or                  The time limits fixed for the submission of tenders
— to fix a minimum export levy, taking account in              shall correspond to Belgian time.
     particular of the criteria laid down in Article 3 ( 1 )
     (b) and (d) of Regulation (EEC) No 2747/75, or
— to make no award .                                                                   Article 8
2. Where a maximum export refund is fixed, a                   This Regulation shall enter into force on the day
contract shall be awarded to any tenderer whose tender         following its publication in the Official Journal of the
indicates a rate of refund equal to or less than such          European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 6 June 1984.
                                                                        For the Commission
                                                                           Poul DALSAGER
                                                                     Member of the Commission
(■) OJ No L 388 , 13 . 12. 1980, p. 1 .
 ---pagebreak--- No L 152/38                       Official Journal of the European Communities                          8 . 6 . 84
                                                         ANNEX
          Weekly tender for the levy and/or refund for the export of barley to countries of zones I, II
          (a), III, IV, V, VI, VII (a), VII (c), the German Democratic Republic and the Iberian Penin­
                                                          sula
                                 (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.