CELEX: 31981R2363
Language: en
Date: 1981-08-18 00:00:00
Title: Commission Regulation (EEC) No 2363/81 of 17 August 1981 opening an invitation to tender for the levy and/or refund for the export of barley to Poland

No L 232/ 8                               Official Journal of the European Communities                                 18 . 8 . 81
                                    COMMISSION REGULATION (EEC) No 2363/81
                                                        of 17 August 1981
              opening an invitation to tender for the levy and/or refund for the export of
                                                         barley to Poland
THE COMMISSION OF THE EUROPEAN                                       regards the fixing of the export refund, in Commis­
COMMUNITIES,                                                         sion Regulation' (EEC) No 279/75 (9), as amended by
                                                                     Regulation (EEC) No 2944/78 (10) ; whereas the
Having regard to the Treaty establishing the European                commitments on the part of the tenderer include an
Economic Community,                                                  obligation to lodge an application for an export
                                                                     licence ; whereas compliance with this obligation may
Having regard to Council Regulation (EEC) No                         be ensured by requiring tenderers to lodge a tendering
2727/75 of 29 October 1975 on the common organiza­                   security of 12 ECU per tonne when they submit their
tion of the market in cereals (*), as last amended by                tenders ;
Regulation (EEC) No 1949/81 (2),
                                                                     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
2747/75 of 29 October 1975 laying down general
                                                                     the periods of validity of licences issued are identical ;
rules to be applied in the event of the cereals market
being disturbed (3), as last amended by Regulation
(EEC) No 2560/77 (4), and in particular Article 2 ( 1 )              Whereas, in order to ensure " the smooth operation of
thereof,                                                             the tendering procedure, it is appropriate to prescribe
                                                                     a minimum quantity to be tendered for and a time
                                                                     limit and form for the communication of tenders
Having regard to Council Regulation (EEC) No
2746/75 of 29 October 1975 laying down general                       submitted to the competent authorities ;
rules for granting export refunds on cereals and
criteria for fixing the amount of such refunds (5), and              Whereas the measures provided for in this Regulation
in particular Article 5 thereof,                                     are in accordance with the opinion of the Manage­
                                                                     ment Committee for Cereals,
Whereas the European Council agreed at its meeting
on 1 April 1981 in Brussels, that steps should be
taken to facilitate the purchase by Poland of certain
agricultural products of the Community ; whereas in                  HAS ADOPTED THIS REGULATION :
view of the available supplies of Community cereals it
is possible to put at the disposal of Poland some
72 500 tonnes of barley ;                                                                      Article 1
Whereas, in view of the current situation on the                      1 . Tenders shall be invited for the export levy
cereals market, an invitation should be opened in                    provided for in the first indent of Article 2 ( 1 ) of Regu­
respect of barley to tender for the export levy provided             lation (EEC) No 2747/75 and/or the export refund
for in the first indent of Article 2 ( 1 ) of Regulation              provided for in Article 5 of Regulation (EEC) No
(EEC) No 2747/75 and/or for the export refund                         2746/75 .
provided for in Article 5 of Regulation (EEC) No
 2746/75 ; whereas there is demand for barley on                      2.     The invitation to tender shall relate to barley for
certain specific markets ; whereas, in order to ensure                export to Poland.
 supply, the invitation to tender for export should be
 limited to exports to Poland ;
                                                                      3 . The invitation shall remain open until 17
Whereas the detailed procedural rules governing invi­                 December 1981 . During this period weekly awards
                                                                      shall be made, for which the time limits for the
 tations to tender are, as regards the fixing of the
 export levy, laid down in Commission Regulation                      submission of tenders shall be as prescribed in the
                                                                      notice of invitation to tender.
 (EEC) No 3130/73 (6), as amended by Regulations
  EEC) No 278 /75 (7) and (EEC) No 771 /75 (8) and, as
                                                                                               Article 2
  1)  OJ No L 281 , 1 . 11 . 1975, p . 1 .
  2)  OJ No L  198 , 20 . 7. 1981 , p. 2.
  3)  OJ No L 281 , 1 . 11 . 1975, p. 82.                             1.     A tender shall be valid only if it relates to an
  4)  OJ No L 303, 28 . 11 . 1977, p. 1 .                             amount of not less than 1 000 tonnes .
  5)  OJ No L 281 , 1.11 . 1975, p. 78 .
  <>) OJ No L 319 , 20 . 11 . 1973, p. 10.
  7)  OJ No L 31 , 5 . 2. 1975, p. 7.                                 (9) OJ No L 31 , 5. 2. 1975, p. 8 .
  8)  OJ No L 77, 26 . 3 . 1975, p . 13 .                             ( ,0) OJ No L 351 , 15. 12. 1978, p. 16.
 ---pagebreak--- 18 . 8 . 81                          Official Journal of the European Communities                          No L 232/9
2. Tenders shall be valid only if they are accompa­            — to fix a minimum export levy, taking account in
nied by the proof of an undertaking to purchase by                 particular of the criteria laid down in Article 3 ( 1 )
the Polish authorities covering the invitation to tender           (b) and (d) of Regulation (EEC) No 2747/75, or
in question and a given quantity.                              — to make no award .
                          Article 3                            2. Where a maximum export refund is fixed, a
                                                               contract shall be awarded to any tenderer whose
The security referred to in Article 3 of Regulation            tender indicates a rate of refund equal to or less than
(EEC) No 3130/73 and in Article 3 of Regulation                such maximum export refund and to any tenderer
(EEC No 279/75 shall be 12 ECU per tonne.                      who has tendered for an export levy.
                                                               Where a minimum export levy is fixed, a contract
                          Article 4                            shall be awarded to any tenderer whose tender indi­
1 . Notwithstanding Article 21 ( 1 ) of Regulation             cates a rate of levy equal to or greater than such
(EEC) No 31 83/80 (1), export licences issued under            minimum export levy.
                                                                                  »
Article 8 ( 1 ) of Regulation (EEC) No 3130/73 or under                                Article 6
Article 8 (1 ) of Regulation (EEC) No 279/75 shall for
the purpose of determining their period of validity, be        Tenders    submitted   must     reach  the  Commission
deemed to have been issued on the day on which the             through the intermediary of Member States, at the
tender was submitted .                                         latest, one and a half hours after expiry of the period
2. Export licences issued in connection with the               for the weekly submission of tenders as specified in
invitation to tender pursuant to this Regulation shall         the notice of invitation to tender. They must be
                                                               communicated in the form indicated in the Annex.
be valid from their date of issue, as defined in para­
graph 1 , until the end of the second month following          If no tenders are received, Member States shall inform
that of issue .                                                the Commission of this within the time limit indi­
                                                               cated in the preceding paragraph.
                          Article 5
                                                                                       Article 7
1 . Notwithstanding Article 5 of Regulation (EEC)
No 3130/73 and Article 5 of Regulation (EEC) No                The time limits fixed for the submission of tenders
279/75, the Commission shall decide, under the proce­          shall correspond to Belgian time.
dure laid down in Article 26 of Regulation (EEC) No
2727/75 :                                                                              Article 8
— to fix a maximum export refund, taking account in            This Regulation shall enter into force on the day
     particular of the criteria laid down in Articles 2        following its publication in the Official Journal of
     and 3 of Regulation (EEC) No 2746/75, or                   the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 17 August 1981 .
                                                                         For the Commission
                                                                           Poul DALSAGER
                                                                     Member of the Commission
(!) OJ No L 388 , 13 . 12. 1980, p. 1 .
 ---pagebreak--- No L 232/ 10                     Official Journal of the European Communities                     18 . 8 . 81
                                                       ANNEX
                     Weekly tender for the levy/refund for the export of barley to Poland
                                (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 levy
                                       in tonnes                   in national currency per tonne
                     1
                     2
                     3
                     4
                     5
                   etc.