CELEX: 31989R2709
Language: en
Date: 1989-09-08 00:00:00
Title: Commission Regulation (EEC) No 2709/89 of 7 September 1989 opening an invitation to tender for the refund for the export of rye to countries of zones I, II, III, IV, V, VI, VII and VIII, the German Democratic Republic and the Canary Islands

8 . 9 . 89                                 Official Journal of the European Communities                               No L 262/ 15
                                      COMMISSION REGULATION (EEC) No 2709/89
                                                        of 7 September 1989
                  opening an invitation to tender for the refund for the export of rye to countries
                  of zones I, II, fll, IV, V, VI, VII and VIII, the German Democratic Republic and
                                                         the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Whereas, in order to ensure the smooth operation of the
                                                                      tendering procedure, it is appropriate to prescribe a
                                                                      minimum quantity to be tendered for and a time limit
Having regard to the Treaty establishing the European                 and form for the communication of tenders submitted to
Economic Community,                                                   the competent authorities ;
Having regard to Council Regulation (EEC) No 2727/75                 Whereas the measures provided for in this Regulation are
of 29 October 1975 on the common organization of the                  in accordance with the opinion of the Management
market in cereals (l), as last amended by Regulation (EEC)            Committee for Cereals,                                  ,
No 1834/89 (2),
Having regard to Council Regulation (EEC) No 2746/75
of 29 October 1975 laying down general rules for granting             HAS ADOPTED THIS REGULATION :
export refunds on cereals and criteria for fixing the
amount of such refunds (3), and in particular Article 5
thereof,
                                                                                                Article 1
Whereas, in view of die current situation on the cereals              1 . Tenders shall be invited for the export refund
market, an invitation should be opened in respect of rye              provided for in Article 5 of Regulation (EEC) No 2746/75.
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 should             2.    The invitation to tender shall relate to rye for export
be limited to zones I, II, III, IV, V, VI, VII and VIII, the          to the countries of zones I, II, III, IV, V, VI, VII and VIII,
German Democratic Republic and the Canary Islands ;                   the German Democratic Republic and the Canary Islands
                                                                      as defined in Annex I to Commission Regulation (EEC)
                                                                      No 11 24/77 (6).
Whereas the detailed procedural rules governing invita­
tions to tender are, as regards the fixing of the export              3. The invitation shall remain open until 1 June 1990.
refund, in Commission Regulation (EEC) No 279/75 (4), as              During this period weekly awards shall be made, for
last amended by Regulation (EEC) No 2788/86 (*) ;                     which the quantities and the time limits for the submis­
whereas the commitments on the part of the tenderer                   sion of tenders shall be as prescribed in the notice of invi­
include an obligation to lodge an application for an                  tation to tender.
export licence ; whereas compliance with this obligation
may be ensured by requiring tenderers to lodge a tende­
ring security of 12 ECU per tonne when they submit                    By way of derogation from Article 1 (2) of Regulation
their tenders ;                                                       (EEC) No 279/75, the timelimit for submission of tenders
                                                                      under the first partial invitation to tender shall expire on
                                                                       14 September 1989.
Whereas, in order to ensure that all those concerned are
treated equally, it is necessary to lay down that the period
of validity of the licences issued should be identical ;                                        Article 2
Whereas, since the interested parties are already aware of            A tender shall be valid only if it related to an amount of
the terms of the invitation, a derogation may be made                 not less than 1 000 tonnes.
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
tenders :                                                                                       Article 3
(') OJ   No L 281 , 1 . 11 . 1975, p. 1.                              The security referred to in Article 3 of Regulation (EEC)
0   OJ   No L 180, 27. 6. 1989,    p. 1.                               No 279/75 shall be 12 ECU per tonne.
(') OJ   No L 281 , 1 . 11 . 1975, p. 78 .
(4) OJ   No L 31 , 5. 2. 1975, p.  8.
0   OJ   No L 257, 10. 9. 1986,    p. 32.                             (6) OJ No L 134, 28 . 5 . 1977, p. 53 .
 ---pagebreak--- No L 262/ 16                            Official Journal of the European Communities                                 8 . 9 . 89
                           Article 4                                                       Article 6
1 . Notwithstanding Article 21 ( 1 ) of Commission
Regulation (EEC) No 3719/88 ('), export licences issued           Tenders submitted must reach the Commission through
under Article 8 (1) 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 third 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, 7 September 1989.
                                                                           For the Commission
                                                                            Ray MAG SHARRY
                                                                       Member of the Commission
(>) OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak--- 8 . 9 . 89                     Official Journal of the European Communities                                No L 262/ 17
                                                       ANNEX
           Weekly tender for the refund for the export of rye to countries of zones I, II, III, IV, V, VI,
                  VII and VIII, the German Democratic Republic and the Canary Islands
                                            (Regulation (EEC) No 2709/89)
                              (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.