CELEX: 31995R3042
Language: en
Date: 1995-12-28 00:00:00
Title: COMMISSION REGULATION (EC) No 3042/95 of 28 December 1995 amending Regulation (EC) No 1089/95 opening an invitation to tender for the refund for the export of barley to all third countries

30. 12. 95           EN              Official Journal of the European Communities                               No L 316/25
                                     COMMISSION REGULATION (EC) No 3042/95
                                                   of 28 December 1 995
                    amending Regulation (EC) No 1089/95 opening an invitation to tender for the
                                 refund for the export of barley to all third countries
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      2. Article 1 ( 1 ) shall be replaced by the following :
  Having regard to the Treaty establishing the European               '1 .    Tenders either for the export refund or for the
 Community,                                                           export tax provided for in Article 4 of Commission
                                                                      Regulation (EC) No 1501 /95 f) shall be invited.
 Having regard to Council Regulation (EEC) No 1766/92
 of 30 June 1992 on the common organization of the                   0 OJ No L 147, 30. 6. 1995, p. 7. ;
 market in cereals ('), as last amended by Regulation (EC)
 No 1863/95 (2),                                                 3. Article 3 shall be replaced by the following :
                                                                       A
                                                                       ' rticle 3
 Having regard to Commission Regulation (EC) No
  1501 /95 of 29 June 1995 laying down certain detailed              The security referred to in Article 5 of Regulation (EC)
 rules for the application of Council Regulation (EEC) No             No 1501 /95 shall be ECU 12 per tonne.';
  1 766/92 on the granting of export refunds on cereals and
 the measures to be taken in the event of disturbance on         4. Article 4 (1 ) shall be replaced by the following :
 the market for cereals (3), as amended by Regulation (EC)           * 1 . Notwithstanding Article 21 ( 1 ) of Commission
 No 2480/95 (4), and in particular Article 4 thereof,                Regulation (EEC) No 3719/88 , export licences issued
                                                                     pursuant to Article 8 (1 ) of Regulation (EC) No
 Whereas the detailed procedural rules governing invita­              1501 /95 shall, for the purpose of determining their
 tions to tender were, at the time of publication of                 period of validity, by deemed to have been issued on
 Commission Regulation (EC) No 1089/95 (^ as regards                 the day on which the tender was submitted.' ;
 the fixing of an export refund, laid down in Commission
 Regulation (EEC) No 1533/93 (% as amended by Regula­            5. Article 5 shall be replaced by the following :
 tion (EC) No 1501 /95 ; whereas Regulation (EEC) No                  'Article 5
 1533/93 has been replaced by Regulation (EC) No
 1501 /95 which contains detailed procedural rules gover­             1 . The Commission shall decide, pursuant to the
 ning invitations to tender both as regards the fixing of an         procedure laid down in Article 23 of Regulation (EEC)
 export refund and an export tax ; whereas it is necessary           No 1 766/92 :
 to amend Regulation (EC) No 1089/95 to take account of
 such changes ;                                                      — to fix a maximum export refund, taking account in
                                                                           particular of the criteria laid down in Article 1 of
Whereas the measures provided for in this Regulation are                   Regulation (EC) No 1501 /95, or
in accordance with the opinion of the Management                     — to fix a minimum export tax, taking into account
 Committee for Cereals,
                                                                           in particular the criteria laid down in Article 1 of
                                                                           Regulation (EC) No 1501 /95, or
                                                                     — to make no award.
 HAS ADOPTED THIS REGULATION :
                                                                     2. Where a maximum export refund is fixed, a
                                                                     contract shall be awarded to any tenderer whose tender
                                                                     indicates a rate of refund equal to or less than such
                           Article 1                                 maximum export refund.
                                                                     3. Where a minimum export tax is fixed, a contract
Regulation (EC) No 1089/95 is hereby amended as                      shall be awarded to any tenderer whose tender indi­
follows :
                                                                     cates a rate of tax equal to or more than such
                                                                     minimum export tax.' ;
 1 . the title shall be replaced by the following :
                                                                 6. Annex I shall be replaced by the Annex to this Regula­
     'opening an invitation to tender for the refund or the          tion .
     tax for the export of barley to all third countries' ;
o OJ No L 181 , 1 . 7. 1992, p. 21 .                                                         Article 2
(2) OJ No L 179, 29. 7. 1995, p. 1 .
(3) OJ No L 147, 30. 6. 1995, p. 7.                              This Regulation shall enter into force on the day
(«) OJ No L 256, 26. 10. 1995, p. 9.
(4 OJ No L 109, 16. 5. 1995, p. 16.                              following its publication in the Official Journal of the
(4 OJ No L 151 , 23. 6. 1993, p. 15.                             European Communities.
 ---pagebreak--- No L 316/26   EN               Official Journal of the European Communities                        30 . 12. 95
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 28 December 1995.
                                                                   For the Commission
                                                                     Franz FISCHLER
                                                               Member of the Commission
 ---pagebreak--- 30. 12. 95   EN               Official Journal of the European Communities                          No L 316/27
                                                     ANNEX
                                                    ANNEX I
           Weekly tender for the refund or the tax for the export of barley to all third countries
                                          (Regulation (EC) No 1089/95)
                             (Closing date for the submission of tenders (date/time))
                   1                        2                                     3
                                                                      A                     B
              Number of                  Quantity                Amount of
                                                                                       Amount of
               tenderer                 in tonnes                                     export refund
                                                             export tax in ECU           in ECU
                                                                 per tonne
                                                                                        per tonne
                   1
                   2
                   3
                 etc.'
                               \