CELEX: 31985R1392
Language: en
Date: 1985-05-29
Title: Commission Regulation (EEC) No 1392/85 of 28 May 1985 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

29 . 5 . 85                               Official Journal of the European Communities                         No L 140/ 13
                                    COMMISSION REGULATION (EEC) No 1392/85
                                                          of 28 May 1985
              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                                      Whereas the measures provided for in this Regulation
COMMUNITIES,                                                         are in accordance with the opinion of the Management
                                                                     Committee for Cereals,
Having regard to the Treaty establishing the European
Economic Community,
                                                                     HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organi­                                            Article 1
zation of the market in cereals ('), as last amended by
Regulation (EEC) No 1018/84 (2),                                     1 . Tenders shall be invited for the export refund
                                                                     provided for in Article 5 of Regulation (EEC) No
Having regard to Council Regulation (EEC) No                         2746/75.
2746/75 of 29 October 1975 laying down general rules
for granting export refunds on cereals and criteria for              2. The invitation to tender shall relate to barley for
fixing the amount of such refunds (3), and in particular            export to countries of zones I, II a), III, IV, V, VI,
Article 5 thereof,                                                  VII a), VII c) and the German Democratic Republic,
                                                                     defined in Annex I to Regulation (EEC) No
Whereas, in view of the current situation on the                     1124/77 (%
cereals market, an invitation should be opened in
respect of barley to tender for the export refund                    3 . The invitation shall remain open until 26 June
provided for in Article 5 of Regulation (EEC) No                     1986. During this period weekly awards shall be made,
2746/75 ; whereas there is demand for barley on                     for which the quantity and the time limits for the
certain specific markets ; whereas, in order to ensure              submission of tenders shall be as prescribed in the
                                                                    notice of invitation to tender.
supply, the invitation to tender for export should be
limited to exports to zones I, II a), III, IV, V, VI, VII a),
VII c) and the German Democratic Republic ;                                                 Article 2
Whereas the detailed procedural rules governing invi­               A tender shall be valid only if it relates to an amount
tations to tender are, as regards the fixing of the export          of not less than 1 000 tonnes.
refund, in Commission Regulation (EEC) No
279/75 (4), as amended by Regulation (EEC) No                                               Article 3
2944/78 (*) ; whereas the commitments on the part of
the tenderer include an obligation to lodge an applica­             The security referred to in Article 3 of Regulation
tion for an export licence ; whereas compliance with                (EEC) No 279/75 shall be 12 ECU per tonne.
this obligation may be ensured by requiring tenderers
to lodge a tendering security of 12 ECU per tonne
when they submit their tenders ;                                                            Article 4
Whereas, in order to ensure equal treatment to all                   1 . Notwithstanding Article 21 ( 1 ) of Regulation
concerned, it is necessary to make provision such that              (EEC) No 3183/80 (J), export licences issued under
the periods of validity of licences issued are identical ;          Article 8 (1 ) of Regulation (EEC) No 279/75 shall, for
                                                                    the purpose of determining their period of validity, be
Whereas, in order to ensure the smooth operation of                 deemed to have been issued on the day on which the
                                                                    tender was submitted.
the tendering procedure, it is appropriate to prescribe
a minimum quantity to be tendered for and a time                    2.     Export licences issued in connection with the
limit and form for the communication of tenders
                                                                    invitation to tender pursuant to this Regulation shall
submitted to the competent authorities ;                            be valid from their date of issue, as defined in para­
                                                                    graph 1 , until the end of the fourth month following
                                                                    that of issue .
(') OJ   No L 281 , 1 . 11 . 1975 , p. 1 .
(2) OJ   No L 107, 19 . 4. 1984, p. 1 .
0   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 388 , 13 . 12. 1980, p . 1 .
 ---pagebreak--- No L 140/ 14                       Official Journal of the European Communities                            29 . 5. 85
                       Article 5                             for the weekly submission of tenders as specified in
                                                             the notice of invitation to tender. They must be
1.    Notwithstanding Article 5 of Regulation (EEC)          communicated in the form indicated in the Annex.
No 279/75, the Commission shall decide, under the
procedure laid down in Article 26 of Regulation (EEC)        If no tenders are received, Member States shall inform
No 2727/75 :                                                 the Commission of this within the time limit indi­
— to fix a maximum export refund, taking account in          cated in the preceding paragraph.
    particular of the criteria laid down in Articles 2
    and 3 of Regulation (EEC) No 2746/75, or
— to make no award.                                                                  Article 7
2. Where a maximum export refund is fixed, a                 The time limits fixed for the submission of tenders
contract shall be awarded to any tenderer whose tender
indicates a rate of refund equal to or less than such        shall correspond to Belgian time.
maximum export refund.
                                                                                     Article 8
                       Article 6
Tenders    submitted   must    reach  the   Commission       This Regulation shall enter into force on the day
through the intermediary of Member States at the             following its publication in the Official Journal of the
latest one and a half hours after expiry of the period        European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 28 May 1985.
                                                                      For the Commission
                                                                       Frans ANDRIESSEN
                                                                           Vice-President
 ---pagebreak--- 29 . 5 . 85                      Official Journal of the European Communities                               No L 140/ 15
                                                       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                                l
                    5           II
                   etc.