CELEX: 31988R3575
Language: en
Date: 1988-11-18 00:00:00
Title: Commission Regulation (EEC) No 3575/88 of 17 November 1988 opening an invitation to tender for the refund for the export of maize to countries of zones I, II, excluding the Soviet Union, III, excluding the Soviet Union, IV, V, VI, VII and VIII, the German Democratic Republic and the Canary Islands

Official Journal of the European Communities                                  18 . 11 . 88
No L 312/ 10
                                       COMMISSION REGULATION (EEC) No 3575/88
                                                       of 17 November 1988
                  opening an invitation to tender for the refund for the export of maize to
                  countries of zones I, II, excluding the Soviet Union, III, excluding the Soviet
                  Union, IV, V, VI, VII and VIII, the German Democratic Republic and the Canary
                                                                Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            from the provisions of Regulation (EEC) No 279/75 on
                                                                       the period that must elapse between the date of publica­
                                                                       tion and the first closing date for the submission of
Having regard to the Treaty establishing the European                  tenders ;
Economic Community,
                                                                       Whereas, in order to ensure the smooth operation of the
                                                                       tendering procedure, it is appropriate to prescribe a
Having regard to Council Regulation (EEC) No 2727/75                   minimum quantity to be tendered for and a time limit
of 29 October 1975 on the common organization of the                   and form for the communication of tenders submitted to
market in cereals ('), as last amended by Regulation (EEC)             the competent authorities ;
No 2221 /88 (2),
                                                                       Whereas the measures provided for in this Regulation are
                                                                       in accordance with the opinion of the Management
Having regard to Council Regulation (EEC) No 2746/75                    Committee for Cereals,
of 29 October 1975 laying down general rules for granting
export refunds on cereals and criteria for fixing the
amount of such refunds (3), 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 respect of                                              Article 1
 maize to tender for the export refund provided for in
 Article 5 of Regulation (EEC) No 2746/75 ; whereas, in
 order to ensure supply, the invitation to tender for export            1.     Tenders shall be invited for the export refund
 should be limited to zones I, II, excluding the Soviet                 provided for in Article 5 of Regulation (EEC) No 2746/75.
 Union, III, excluding the Soviet Union, IV, V, VI, VII and
 VIII, the German Democratic Republic and the Canary                    2.     The invitation to tender shall relate to maize for
 Islands ;                                                              export to the countries of zones I, II, excluding the Soviet
                                                                        Union, III, excluding the Soviet Union, IV, V, VI, VII and
                                                                        VIII, the German Democratic Republic and the Canary
 Whereas the detailed procedural rules governing invita­                Islands as defined in Annex I to Commission Regulation
 tions to tender are, as regards the fixing of the export               (EEC) No 11 24/77
 refund, in Commission Regulation (EEC) No 279/75 (4), as
 last amended by Regulation (EEC) No 2788/86 (*) ;                      3.     The invitation shall remain open until 25 May 1989.
 whereas the commitments on the part of the tenderer
 include an obligation to lodge an application for an                    During this period weekly awards shall be made, for
                                                                        which the quantities and the time limits for the submis­
 export licence ; whereas compliance with this obligation                sion of tenders shall be as prescribed in the notice of invi­
 may be ensured by requiring tenderers to lodge a tende­                 tation to tender.
  ring security of 12 ECU per tonne when they submit
  their tenders ;
                                                                                                   Article 2
  Whereas, in order to ensure that all those concerned are
  treated equally, it is necessary to lay down that the period           A tender shall be valid only if it related to an amount of
  of validity of the licences issued should be identical ;               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                                            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  197, 26. 7. 1988, p. 16.                                  No 279/75 shall be 12 ECU per tonne.
   (3) OJ No L  281 , 1 . 11 . 1975, p. 78.
   («) OJ No L  31 , 5. 2. 1975, p. 8.
   M OJ No L 257, 10. 9. 1986, p. 32.                                     (6) OJ No L 134, 28 . 5. 1977, p. 53.
 ---pagebreak--- 18 . 11 . 88                            Official Journal of the European Communities                           No L 312/ U
                           Article 4                                                        Article 6
1.    Notwithstanding Article 21 (1 ) of Commission
Regulation (EEC) No 3183/80 ('), export licences issued           Tenders submitted must reach the Commission through
under Article 8 (l)~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          If no tenders are received, Member States shall inform the
from their date of issue, as defined in paragraph 1 , until        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, 17 November 1988 .
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
 (') OJ No L 338, 13. 12. 1980, p. 1 .
 ---pagebreak--- No L 312/ 12                      Official Journal of the European Communities                           18 . 11 . 88
                                                        ANNEX
             Weekly tender for the refund for the export of maize to countries of zones I, II, excluding
             the Soviet Union, III, excluding the Soviet Union, IV, V, VI, VII and VIII, the German
                                    Democratic Republic and the Canary Islands
                                  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.