CELEX: 31989R3451
Language: en
Date: 1989-11-17 00:00:00
Title: Commission Regulation (EEC) No 3451/89 of 16 November 1989 opening an invitation to tender for the refund for the export of maize to countries of zones I, II, excluding the Soviet Union, III, IV, V, VI, VII and VIII, the German Democratic Republic and the Canary Islands

17. 11 . 89                                Official Journal of the European Communities                            No L 333/29
                                      COMMISSION REGULATION (EEC) No 3451/89
                                                       of 16 November 1989
                   opening an invitation to tender for the refund for the export of maize to
                   countries of zones I, II, excluding the Soviet Union, III, IV, V, VI, VII and VIII,
                                the German Democratic Republic and the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          tion and the first closing date for the submission of
                                                                     tenders ;
Having regard to the Treaty establishing the European                Whereas, in order to ensure the smooth operation of the
Economic Community,                                                  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 submitted to
Having regard to Council Regulation (EEC) No 2727/75                 the competent authorities ;
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)
                                                                     Whereas the measures provided for in this Regulation are
No 2860/89 (2),
                                                                     in accordance with the opinion of the Management
                                                                     Committee for Cereals,
Having regard to Council Regulation (EEC) No 2746/75
of 29 October 1 975 laying down general rules for granting
export refunds on cereals and criteria for fixing the
amount of such refunds (3), and in particular Article 5              HAS ADOPTED THIS REGULATION :
thereof,
                                                                                               Article 1
Whereas, in view of the current situation on the cereals
market, an invitation should be opened in respect of
maize to tender for the export refund provided for in                 1 . Tenders shall be invited for the export refund
Article 5 of Regulation (EEC) No 2746/75 ; whereas, in
                                                                     provided for in Article 5 of Regulation (EEC) No 2746/75.
order to ensure supply, the invitation to tender for export
                                                                     2.    The invitation to tender shall relate to maize for
should be limited to zones I, II, excluding the Soviet
Union, III, IV, V, VI, VII and VIII, the German Democ­               export to the countries of zones I, II, excluding the Soviet
ratic Republic and the Canary Islands ;                              Union, III, IV, V, VI, VII and VIII, the German Democ­
                                                                     ratic Republic and the Canary Islands as defined in
                                                         \           Annex I to Commission Regulation (EEC) No 1124/77 (6).
Whereas the detailed procedural rules governing invita­
tions to tender are, as regards the fixing of the export             3. The invitation shall remain open until 31 May 1990.
refund, in Commission Regulation (EEC) No 279/75 (% as               During this period weekly awards shall be made, for
last amended by Regulation (EEC) No 2788/86 0 ;                      which the quantities and the time limits for the submis­
whereas the commitments on the part of the tenderer                  sion of tenders shall be as prescribed in the notice of invi­
include an obligation to lodge an application for an                 tation to tender.
export licence ; whereas compliance with this obligation
may be ensured by requiring tenderers to lodge a tende­              4. By way of derogation from Article 1 (2) of Regula­
ring security of ECU 12 per tonne when they submit                   tion (EEC) No 279/75, the time limit for submission of
their tenders ;                                                      tenders under the first partial invitation to tender shall
                                                                     expire on 23 November 1989.
Whereas, in order to ensure that all those concerned are
treated equally, it is necessary to lay down that the period                                   Article 2
of validity of the licences issued should be identical ;
                                                                     A tender shall be valid only if it related to an amount of
                                                                      not less than 1 000 tonnes.
Whereas, since the interested parties are already aware of
the terms of the invitation, a derogation may be made
from the provisions of Regulation (EEC) No 279/75 on
the period that must elapse between the date of public                                         Article 3
(') OJ  No  L 281 , 1 . 11 . 1975, p. 1.                             The security referred to in Article 3 of Regulation (EEC)
O   OJ  No  L 274, 23. 9 . 1989, p.   41 .                            No 279/75 shall be ECU 12 per tonne.
(J) OJ  No  L 281 , 1 . 11 . 1975, p. 78.
O   OJ  No  L 31 , 5. 2. 1975, p. 8 .
O   OJ  No  L 257, 10. 9 . 1986, p.   32.                            (6) OJ No L 134, 28. 5. 1977, p. 53.
 ---pagebreak--- No L 333/30                             Official Journal of the European Communities                              17. 11 . 89
                           Article 4                              rate of refund equal to or less than such maximum export
                                                                  refund.
1 . Notwithstanding Article 21 (1 ) of Commission
Regulation (EEC) No 3719/88 ('), as amended by Regula­
tion (EEC) No 1903/89 (2), export licences issued 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 through
deemed to have been issued on the day on which the                the intermediary Member States, at the latest one and a
tender was submitted.                                             half hours after expiry of the period for the weekly
                                                                  submission of tenders as specified in the notice of invita­
2. Export licences issued in connection with the invita­          tion to tender. They must be communicated in the form
tion to tender pursuant to this Regulation shall be valid         indicated in the Annex.
from their date of issue, as defined in paragraph 1 , until
the end of the third month following that of issue.               If no tenders are received, Member States shall inform the
                                                                  Commission of this within the time limit indicated in the
                            Article 5                             preceding paragraph.
1 . Notwithstanding Article 5 of Regulation (EEC) No
279/75, the Commission shall decide, under the proce­                                      Article 7
dure laid down in Article 26 of Regulation (EEC) No
2727/75 :                                                         The time limits fixed for the submission of tenders shall
                                                                  correspond to Belgian time.
— to fix a maximum export refund, taking account in
     particular of the criteria laid down in Articles 2 and 3
     of Regulation (EEC) No 2746/75, 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 contract             following its publication in the Official Journal of the
shall be awarded to any tenderer whose tender indicates a         European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                   Done at Brussels, 16 November 1989.
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                       Member of the Commission
(') OJ No L 331 , 2. 12. 1988, p. 1 .
0 OJ No L 184, 30. 6. 1989, p. 22.
 ---pagebreak--- 17. 11 . 89                     Official Journal of the European Communities                            No L 333/31
                                                        ANNEX
            Weekly tender for the refund for the export of maize to countries of zones I, II, excluding
            the Soviet Union, III, IV, V, VI, VII and VIII, the German Democratic Republic and the
                                                     Canary Islands
                                             [Regulation (EEC) No 3451 /89]
                                Closing date for the submission of tenders (date/time)
                      1                 2                                    3
                  Number             Quantity                      Amount of export refund
                 of tenderer        in tonnes                         in ECU per tonne
                      1
                      2
                      3
                     etc.             •