CELEX: 31997R1337
Language: en
Date: 1997-07-11
Title: COMMISSION REGULATION (EC) No 1337/97 of 11 July 1997 opening an invitation to tender for the refund or the tax for the export of barley to all third countries

12. 7. 97           I EN                Official Journal of the European Communities                               No L 184/ 1
                                                                     I
                                                  (Acts whose publication is obligatory)
                                           COMMISSION REGULATION (EC) No 1337/97
                                                            of 11 July 1997
                      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,                           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 organization of the
   market in cereals ('), as last amended by Commission
  Regulation (EC) No 923/96 (2),                                         HAS ADOPTED THIS REGULATION :
  Having regard to Commission Regulation (EC) No                                                  Article 1
   1501 /95 of 29 June 1995 laying down certain detailed
  rules for the application of Council Regulation (EEC) No               1 . Tenders shall be invited for the export refund and/or
   1766/92 on the granting of export refunds on cereals and             export tax provided for in Article 4 of Regulation (EC) No
  the measures to be taken in the event of disturbance on                1501 /95 .
  the market for cereals (3), as last amended by Regulation
  (EC) No 1 259/97 (4), and in particular Article 4 thereof,            2.    The tendering procedure shall concern barley for
                                                                        export to all third countries.
 Whereas, in view of the current situation on the cereals
  market, an invitation should be opened, in respect of                 3.    The invitation shall remain open until 28 May 1998 .
 barley to tender for the export refund or tax provided for             During this period weekly awards shall be made, for
 in Article 4 of Regulation (EC) No 1501 /95;                           which the quantities and the time limits for the sub­
                                                                        mission of tenders shall be as prescribed in the notice of
                                                                        invitation to tender.
 Whereas the detailed procedural rules governing invita­
 tions to tender are as regards the fixing of the export
 refund, or export tax in Regulation (EC) No 1501 /95;                                           Article 2
 whereas the commitments on the part of the tenderer
 include an obligation to lodge an application for an                  A tender shall be valid only if it relates to an amount of
 export licence; whereas compliance with this obligation                not less than 1 000 tonnes .
 may be ensured by requiring tenderers to lodge a ten­
 dering security of ECU 12 per tonne when they submit                                            Article 3
 their tenders;
                                                                       The security referred to in Article 5 (3a) of Regulation
 Whereas it is necessary to provide for a specific period of           (EC) No 1501 /95 shall be ECU 12 per tonne.
 validity for licences issued under that invitation to tender;
whereas that period of validity must meet the needs of the
 world market for the 1997/98 marketing year;                                                    Article 4
                                                                        1 . Notwithstanding Article 21 ( 1 ) of Commission
Whereas, in order to ensure the smooth operation of the                Regulation (EEC) No 3719/ 88 (5), export licences issued
export tendering procedure it is appropriate to prescribe a            under Article 8 ( 1 ) of Regulation (EC) No 1501 /95 shall,
 minimum quantity to be tendered for and a time limit                  for the purpose of determining their period of validity, be
                                                                       deemed to have been issued on the day on which the
(')   OJ  No  L 181 , 1 . 7. 1992, p. 21 .                             tender was submitted .
  2   OJ  No  L 126,  24. 5 . 1996, p. 37.
(-1)  OJ  No  L 147,  30. 6. 1995, p. 7.
(♦)   OJ  No  L 174,  2. 7. 1997, p. 10 .                              (5) OJ No L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak---  No L 184/2          rENl                Official Journal of the European Communities                                12. 7. 97
 2.    Subject to the provisions of Article 1 of Commission         rate of tax equal to or more than such minimum export
 Regulation (EC) No 1 521 /94 (') export licences issued in        tax .
 connection with the invitations to tender pursuant to this
 Regulation shall be valid from their date of issue, as                                     Article 6
 defined in paragraph 1 , until the end of the fourth month
 following that of issue.                                          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
 1.    The Commission shall decide, pursuant to the                submission of tenders as specified in the notice of invita­
 procedure laid down in Article 23 of Regulation (EEC)             tion to tender. They must be communicated in the form
 No 1766/92:
                                                                   indicated in Annex I, to the telex or fax numbers in
                                                                   Annex II .
 — to fix a maximum export refund, taking account in
     particular of the criteria laid down in Article 1 of          If no tenders are received, Member States shall inform the
     Regulation (EC) No 1501 /95, or                               Commission of this within the time limit indicated in the
 — to fix a minimum export tax, taking into account in             preceding paragraph .
     particular the criteria laid down in Article 1 of Regula­
     tion (EC) No 1501 /95, or                                                              Article 7
— to make no award .
                                                                   The time limits fixed for the submission of tenders shall
 2.    Where a maximum export refund is fixed, the                 correspond to Belgian time .
 contract shall be awarded to the tenderer or tenderers
whose bids are equal to or lower than the maximum
                                                                                            Article 8
 refund, as well as to the tenderer or tenderers whose bid
 relates to an export tax.
                                                                   This Regulation shall enter into force on the day fol­
 3 . Where a minimum export tax is fixed, a contract               lowing its publication in the Official Journal of the
 shall be awarded to any tenderer whose tender indicates a         European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 11 July 1997.
                                                                             For the Commission
                                                                                Franz FISCHLER
                                                                         Member of the Commission
(') OJ No L 162, 30 . 6. 1994, p. 47.
 ---pagebreak--- 12. 7. 97   lENl               Official Journal of the European Communities                             No L 184/3
                                                     ANNEX I
          Weekly tender for the refund or the tax for the export of barley to all third countries
                                           (Regulation (EC) No 1337/97)
                             (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.
                                                    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 .