CELEX: 31981R1605
Language: en
Date: 1981-06-17 00:00:00
Title: Commission Regulation (EEC) No 1605/81 of 16 June 1981 opening an invitation to tender for the levy and/or refund for the export of barley to countries of Zones I, IIa, III, IV, V, VI, VIIa, VIIc and the German Democratic Republic

17. 6 . 81                            Official Journal of the European Communities                           No L 159/ 19
                                 COMMISSION REGULATION (EEC) No 1605/81
                                                      of 16 June 1981
              opening an invitation to tender for the levy and/or refund for the export of
              barley to countries of Zones I, Ha, III, IV, V, VI, Vila, VIIc and the German
                                                   Democratic Republic
THE COMMISSION OF THE EUROPEAN                                   security of 12 ECU per tonne when they submit their
COMMUNITIES,                                                     tenders ;
Having regard to the Treaty establishing the European
Economic Community,                                             Whereas, in order to ensure equal treatment to all
                                                                 concerned, it is necessary to make provision such that
Having regard to Council Regulation (EEC) No                     the periods of validity of licences issued are identical ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals (*), as last amended by            Whereas, in order to ensure the smooth operation of
the Act of Accession of Greece (2),                              the tendering procedure, it is appropriate to prescribe
Having regard to Council Regulation (EEC) No                     a minimum quantity to be tendered for and a time
2747/75 of 29 October 1975 laying down general                   limit and form for the communication of tenders
rules to be applied in the event of the cereals maket            submitted to the competent authorities ;
being disturbed (3), as last amended by Regulation
(EEC) No 2560/77 (4), and in particular Article 2 (1 )           Whereas the measures provided for in this Regulation
thereof,                                                         are in accordance with the opinion of the Manage­
                                                                 ment Committee for Cereals,
Having regard to Council Regulation (EEC) No
2746/75 of 29 October 1975 laying down general
rules for granting export refunds on cereals and
criteria for fixing the amount of such refunds (5), and          HAS ADOPTED THIS REGULATION :
in particular Article 5 thereof,
Whereas, in view of the current situation on the
cereals market, an invitation should be opened in                                        Article 1
respect of barley to tender for the export levy provided
for in the first indent of Article 2 (1 ) of Regulation           1 . Tenders shall be invited for the export levy
(EEC) No 2747/75 and/or for the export refund                    provided for in the first indent of Article 2 (1 ) of Regu­
provided for in Article 5 of Regulation (EEC) No                 lation (EEC) No 2747/75 and/or the export refund
2746/75 ; whereas there is demand for barley on                  provided for in Article 5 of Regulation (EEC) No
certain specific markets ; whereas, in order to ensure            2746/75.
supply, the invitation to tender for export should be
limited to exports to Zones I, Ha, III, IV, V, VI, Vila,          2. The invitation to tender shall relate to barley for
VIIc and the German Democratic Republic ;                         export to countries of Zones I, Ila, III, IV, V VI, Vila,
Whereas the detailed procedural rules governing invi­            VIIc and the German Democratic Republic defined in
 tations to tender are, as regards the fixing of the              Annex I to Regulation (EEC) No 1124/77.
export levy, laid down in Commission Regulation
(EEC) No 3130/73 (6), as amended by Regulations                   3. The invitation shall remain open until 30 June
(EEC) No 278/75 (7) and (EEC) No 771 /75 (8) and, as              1982. During this period weekly awards shall be
 regards the fixing of the export refund, in Commis­              made, for which the time limits for the submission of
 sion Regulation (EEC) No 279/75 (9), as amended by               tenders shall be as prescribed in the notice of invita­
 Regulation (EEC) No 2944/78 (10) ; whereas the                   tion to tender.
 commitments on the part of the tenderer include an
 obligation to lodge an application for an export
 licence ; whereas compliance with this obligation may                                    Article 2
 be ensured by requiring tenderers to lodge a tendering
                                                                  A tender shall be valid only if it relates to an amount
0) OJ No L 281 , 1 . 11 . 1975, p. 1 .                            of not less than 1 000 tonnes .
(2) OJ No L 291 , 19. 11 . 1979, p. 17.
(3) OJ No L 281 , 1 . 11 . 1975, p. 82.
(4) OJ No L 303, 28 . 11 . 1977, p. 1 .
(5) OJ No L 281 , 1 . 11 . 1975, p. 78 .                                                  Article 3
(') OJ No L 319, 20. 11 . 1973, p. 10.
 O OJ No L 31 , 5. 2. 1975, p. 7.                                 The security referred to in Article 3 of Regulation
 (>) OJ No L 77, 26. 3. 1975, p. 13.
 H OJ No L 31 , 5. 2. 1975, p. 8.                                 (EEC) No 3130/73 and in Article 3 of Regulation
 (10) OJ No L 351 , 15. 12. 1978, p. 16.                          (EEC) No 279/75 shall be 12 ECU per tonne.
 ---pagebreak--- No L 159/20                         Official Journal of the European Communities                             17. 6. 81
                         Article 4                             tender indicates a rate of refund equal to or less than
                                                               such maximum export refund and to any tenderer
1 . Notwithstanding Article 21 (1 ) of Regulation              who has tendered for an export levy.
(EEC) No 3183/80 (1), export licences issued under
Article 8 (1 ) of Regulation (EEC) No 3130/73 or under         Where a minimum export levy is fixed, a contract
Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall for        shall be awarded to any tenderer whose tender indi­
the purpose of determining their period of validity, be        cates a rate of levy equal to or greater than such
deemed to have been issued on the day on which the             minimum export levy.
tender was submitted.
2. Export licences issued in connexion with the                                       Article 6
invitation to tender pursuant to this Regulation shall
be valid from their date of issue, as defined in para­         Tenders    submitted   must   reach  the  Commission
graph 1 , until the end of the fourth month following          through the intermediary of Member States at the
that of issue .                                                latest one and a half hours after expiry of the period
                                                               for the weekly submission of tenders as specified in
                         Article 5                             the notice of invitation to tender. They must be
                                                               communicated in the form indicated in the Annex.
1 . Notwithstanding Article 5 of Regulation (EEC)
No 3130/73 and Article 5 of Regulation (EEC)' No               If no tenders are received, Member States shall inform
279/75, the Commission shall decide, under the proce­          the Commission of this within the time limit indi­
dure laid down in Article 26 of Regulation (EEC) No            cated in the preceding paragraph.
2727/75 :
— to fix a maximum export refund, taking account in                                   Article 7
    particular of the criteria laid down in Articles 2
                                                               The time limits fixed for the submission of tenders
    and 3 of Regulation (EEC) No 2746/75, or
                                                               shall correspond to Belgian time.
— to fix a minimum export levy, taking account in
    particular of the criteria laid down in Article 3 ( 1 )
    (b) and (d) of Regulation (EEC) No 2747/75, or                                    Article 8
— to make no award.
                                                               This Regulation shall enter into force on the day
2. Where a maximum export refund is fixed, a                   following its publication in the Official Journal of
contract shall be awarded to any tenderer whose                the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 16 June 1981 .
                                                                        For the Commission
                                                                            The President
                                                                           Gaston THORN
0 OJ No L 388 , 13 . 12. 1980, p. 1 .
 ---pagebreak--- 17. 6. 81                      Official Journal of the European Communities                          No L 159/21
                                                     ANNEX
          Weekly tender for the levy/refund for the export of barley to countries of Zones I, Ila, III,
                         IV, V, VI, Vila, VIIc and the German Democratic Republic
                              (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 refund
                                     in tonnes                   in national currency per tonne
                    1
                   2
                   3
                   4
                    5
                  etc.