CELEX: 31977R1931
Language: en
Date: 1977-08-26 00:00:00
Title: Commission Regulation (EEC) No 1931/77 of 26 August 1977 on a invitation to tender for the refund for the export of barley to Zones I, II, III, IV and VI

27. 8 . 77                               Official Journal of the European Communities                            No L 219/5
                                    COMMISSION REGULATION (EEC) No 1931 /77
                                                       of 26 August 1977
              on an invitation to tender for the refund for the export of barley to Zones I , II,
                                                          III, IV and VI
THE COMMISSION OF THE EUROPEAN                                      Whereas provision must be made to ensure the
COMMUNITIES,                                                        smooth operation of the invitation to tender for
                                                                    export refunds ; whereas to this end it is appropriate
Having regard to the Treaty establishing the European               to prescribe a minimum quantity to be tendered for
Economic Community,                                                 and a time limit and form for the communication of
                                                                    tenders submitted to the competent authorities ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                  Whereas the measures provided for in this Regulation
tion of the market in cereals (!), as amended by Regula­            are in accordance with the opinion of the Manage­
tion (EEC) No 1386/77 (2),                                          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                    HAS ADOPTED THIS REGULATION :
criteria for fixing the amount of such refunds (3), and
in particular Article 5 thereof,
                                                                                              Article 1
Whereas, having regard to the current situation on the
cereals market, there should be opened in respect of
barley an invitation to tender for the export refund                 1 . Tenders shall be invited for the export refund
provided for in Article 5 of Regulation (EEC) No                    provided for in Article 5 of Regulation (EEC) No
                                                                    2746/75 .
2746/75 ; whereas, in order to safeguard Community
supplies whilst at the same time permitting exporters
to participate in the supply of certain markets, the                2. The invitation to tender shall relate to barley for
invitation to tender for export should be limited to                export to countries of Zones I, II, III, IV and VI, as
the markets concerned, which are situated in the                    defined in Annex I to Regulation (EEC) No 1124/77.
zones defined in Annex I to Commission Regulation
(EEC) No 1124/77 of 27 May 1977 redefining the                      3. The invitation shall remain open until 22
destination zones for export refunds or levies and for               December 1977. During this period weekly awards
                                                                    shall be made, the time limits for the submission of
certain export licences for cereals and rice (4) ;
                                                                    tenders to be as prescribed in the notice of invitation
Whereas the detailed rules governing invitations to                 to tender.
tender for export refunds are contained in Commis­
sion Regulation (EEC) No 279/75 of 4 February 1975
                                                                                              Article 2
laying down detailed rules for the application of the
system of tendering for export refunds on cereals (5) ;
                                                                     A tender shall be valid only it if relates to an amount
Whereas the objective of the tendering procedure can                 of not less than 1 000 tonnes.
be attained only if every successful tenderer fulfils all
the commitments entered into by him when submit­
ting his tender ; whereas these commitments include                                           Article 3
an obligation to lodge an application for an export
licence ; whereas compliance with this obligation may                1 . The security referred to in Article 3 of Regula­
be ensured by requiring the tenderer to give security                tion (EEC) No 279/75 shall be 10 units of account per
when submitting his tender ;                                         tonne .
Whereas, in order to ensure equal treatment to all                   2. By way of derogation from Article 7 ( 1 ) of Regu­
concerned, it is necessary to make provision such that               lation (EEC) No 279/75, the security provided for in
the effective period of validity of licences issued to               paragraph 1 shall, subject to force majeure, be released
successful tenderers in connection with the invitation
                                                                     only in respect of any quantity for which the tender
to tender is in all cases the same :                                 was not accepted or for which the tenderer furnishes
                                                                     proof of arrival at its destination, such proof to be
0)  OJ  No  L 281 , 1 . 11 . 1975, p. 1.                             furnished as provided in Article 11 ( 1 ) of Regulation
(2) OJ  No  L  158 , 29. 6. 1977, p.  1.
(3) OJ  No  L 281 , 1 . 11 . 1975, p. 78 .                           (EEC) No 192/75 (6).
(4) OJ  No  L  134, 28 . 5. 1977, p.  53.
(5) OJ  No  L 31 , 5. 2. 1975, p. 8 .                                (6) OJ No L 25, 31 . 1 . 1975, p. 1 .
 ---pagebreak--- No L 219/6                            Official Journal of the European Communities                           27. 8 . 77
                          Article 4                             3. On request by the titular holder of the licence,
                                                                Member States may release the security by instalments
The zone of destination as specified in Article 1 (2)           in proportion to the quantities of product for which
shall be indicated in section 13 of the licence applica­        proof of exportation as referred to in Article 7 ( 1 ) of
tion and of the licence itself. The issue of a licence
                                                                Regulation (EEC) No 279/75 has been furnished,
shall carry with it the obligation to export to that desti­     provided that such proof establishes that a quantity
nation .
                                                                equal to at least 7 % of the net quantity indicated on
                                                                the licence has been exported.
                          Article 5
If a tenderer fails to comply with the undertaking                                      Article 8
given by him pursuant to Article 2 (3) (b) of Regula­
tion (EEC) No 279/75, no export licence shall be                The tenders submitted must reach the Commission
issued and the security specified in Article 3 ( 1 ) of this    through the intermediary of Member States at the
Regulation and lodged pursuant to Article 3 of Regula­          latest one and a half hours after expiry of the period
tion (EEC) No 279/75 shall accordingly be forfeit.              for the weekly submission of tenders as specified in
                                                                the notice of invitation to tender. They must be
                          Article 6                             communicated in the form indicated in the Annex.
 1 . By way of derogation from the provisions of                If no tenders are received, Member States shall inform
Article 9 ( 1 ) of Regulation (EEC) No 193/75 (*), export       the Commission of this within the time limit indi­
licences issued under Article 8 ( 1 ) of Regulation (EEC)
                                                                cated in the preceding paragraph.
No 279/75 shall, for the purpose of determining their
period of validity, be deemed to have been issued on
the day on which the tender was submitted.                                              Article 9
2.    Export licences issued in connection with this
invitation to tender shall be valid from their date of          The time limits fixed for the submission of tenders
                                                                shall be :
issue, as defined in the previous paragraph, until the
end of the fourth month following that of issue.                — brought forward by one hour in Ireland and the
                                                                    United Kingdom during the period in which
                          Article 7                                 Summer Time does not apply in those Member
                                                                    States ;
 1 . If the obligation to export is not fulfilled, the
security mentioned in Article 3 of Regulation (EEC)             — extended by one hour in the other Member States
No 279/75 shall be forfeit in respect of a quantity                 when the latter are applying Summer Time.
equal to the difference between 93 % of the net quan­
tity indicated on the export licence and the net quan­
                                                                                       Article 10
tity actually exported.
2. However, if the quantity exported is less than               This Regulation shall enter into force on the third day
7 % of the net quantity indicated on the licence, the           following its publication in the Official Journal of
security shall be forfeit in its entirety.                       the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 26 August 1977.
                                                                          For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President
(') OJ No L 25, 31 . 1 . 1975, p. 10.
 ---pagebreak--- 27 . 8 . 77                     Official Journal of the European Communities                               No L 219/7
                                                      ANNEX
            Weekly tender for the refund for the export of barley to the countries of Zones I, II, III, IV
                                                       and VI
                            Expiry of the period for the submission of tenders (date/time)
                      1                   2                                        3
                 Number of             Quantity                Amount of export levy in national currency
                   tender             in tonnes                               per tonne
                      1
                     2
                     3
                     4
                      5
                    etc.
                                                          II
                      l                   1                                        3
                 Number of             Quantity              Amount of export refund in national currency
                   tender             in tonnes                               per tonne
                      1
                      2
                     3
                     4
                      5
                    etc.