CELEX: 31986R1509
Language: en
Date: 1986-05-21 00:00:00
Title: Commission Regulation (EEC) No 1509/86 of 20 May 1986 opening an invitation to tender for the refund for the export of barley to countries of zones I, II a), III, IV, V, VI, VII a), VII c) and the German Democratic Republic

21 . 5 . 86                                Official Journal of the European Communities                              No L 132/9
                                         COMMISSION REGULATION (EEC) No 1509/86
                                                           of 20 May 1986
                   opening an invitation to tender for the refund for the export of barley to
                   countries of zones I, II a), III, IV, V, VI , VII a), VII c) and the German Democratic
                                                              Republic
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European                                            Article 1
Economic Community,
                                                                      1 . Tenders shall be invited for the export refund
Having regard to Council Regulation (EEC) No 2727/75                  provided for in Article 5 of Regulation (EEC) No 2746/75.
of 29 October 1975 on the common organization of the
                                                                      2. The invitation to tender shall relate to barley for
market in cereals ('), as last amended by Regulation (EEC)
                                                                     export to countries of zones I, II a), III, IV, V, VI, VII a),
No 1355/86 (2),
                                                                     VII c) and the German Democratic Republic, defined in
                                                                     Annex I to Commission Regulation (EEC) No 1124/77 (6).
Having regard to Council Regulation (EEC) No 2746/75
of 29 October 1975 laying down general rules for granting            3 . The invitation shall remain open until 28 May 1987.
export refunds on cereals and criteria for fixing the                 During this period weekly awards shall be made, for
amount of such refunds (■*), and in particular Article 5             which the quantity and the time limits for the submission
thereof,                                                             of tenders shall be as prescribed in the notice of invitation
                                                                     to tender.
Whereas , in view of the current situation on the cereals
market, an invitation should be opened in respect of                                             Article 2
barley to tender for the export refund provided for in
Article 5 of Regulation (EEC) No 2746/75 ; whereas there             A tender shall be valid only if it relates to an amount of
is demand for barley on certain specific markets ; whereas,          not less than 1 000 tonnes .
in order to ensure supply, the invitation to tender for
export should be limited to exports to zones I, II a), III,                                      Article 3
IV, V, VI, VII a), VII c) and the German Democratic
Republic ;                                                           The security referred to in Article 3 of Regulation (EEC)
                                                                      No 279/75 shall be 12 ECU per tonne.
Whereas the detailed procedural rules governing invita­
tions to tender are, as regards the fixing of the export                                         Article 4
refund, in Commission Regulation (EEC) No 279/75 (4), as
amended by Regulation (EEC) No 2944/78 (5) ; whereas                  1 . Notwithstanding Article 21 ( 1 ) of Commission
the commitments on the part of the tenderer include an               Regulation (EEC) No 3183/80 (J), export licences issued
obligation to lodge an application for an export licence ;           under Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall,
whereas compliance with this obligation may be ensured               for the purpose of determining their period of validity, be
by requiring tenderers to lodge a tendering security of 12           deemed to have been issued on the day on which the
ECU per tonne when they submit their tenders ;                       tender was submitted .
Whereas, in order to ensure equal treatment to all                   2.     Export licences issued in connection with the invita­
concerned, it is necessary to make provision such that the           tion to tender pursuant to this Regulation shall be valid
periods of validity of licences issued are identical ;               from their date of issue, as defined in paragraph 1 , until
                                                                     the end of the fourth month following that of issue.
Whereas, in order to ensure the smooth operation of the
tendering procedure, it is appropriate to prescribe a                                            Article 5
minimum quantity to be tendered for and a time limit
and form for the communication of tenders submitted to                1.    Notwithstanding Article 5 of Regulation (EEC) No
the competent authorities ;                                          279/75, the Commission shall decide, under the proce­
                                                                     dure laid down in Article 26 of Regulation (EEC) No
                                                                     2727/75 :
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                     — to fix a maximum export refund, taking account in
Committee for Cereals,                                                    particular of the criteria laid down in Articles 2 and 3
                                                                          of Regulation (EEC) No 2746/75, or
(') OJ   No L 281 , 1 . 11 . 1975, p. 1 .                            — to make no award .
(2) OJ   No L 118 , 7 . 5 . 1986, p. 1 .
(3) OJ   No L 281 , 1 . 11 . 1975, p. 78 .
(4) OJ   No L 31 , 5 . 2. 1975, p. 8 .                               (6) OJ No L 134, 28 . 5. 1977, p. 53 .
0   OJ   No L 351 , 15. 12. 1978 , p. 16 .                           0 OJ No L 338 , 13 . 12. 1980, p. 1 .
 ---pagebreak--- No L 132/ 10                            Official Journal of the European Communities                                   21 . 5. 86
2. Where a maximum export refund is fixed, a contract                 If no tenders are received, Member States shall inform the
shall be awarded to any tenderer whose tender indicates a             Commission of this within the time limit indicated in the
rate of refund equal to or less than such maximum export              preceding paragraph .
refund .
                                                                                                   Article 7
                          Article 6                                   The time limits fixed for the submission of tenders shall
                                                                      correspond to Belgian time.
Tenders submitted must reach the Commission through
the intermediary of Member States at the latest one and a                                          Article 8
half hours after expiry of the period for the weekly
submission of tenders as specified in the notice of invita­           This Regulation shall enter into force on the day
tion to tender. They must be communicated in the form                 following its publication in the Official Journal of the
indicated in the Annex.                                               European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 20 May 1986.
                                                                                 For the Commission
                                                                                  Frans ANDRIESSEN
                                                                                     Vice-President
                                                              ANNEX
                 Weekly tender for the refund for the export of barley to countries of zones I , II a), III , IV, V,
                                   VI , VII a), VII c) and the German Democratic Republic
                                       (Closing date for the submission of tenders (date/time))
                           1                      2                                      3
                   Number of tenderer          Quantity                      Amount of export refund
                                              in tonnes                   in national currency per tonne
                           1
                           2
                           3
                           4
                           5
                          etc .