CELEX: 31980R3025
Language: en
Date: 1980-11-24 00:00:00
Title: Commission Regulation (EEC) No 3025/80 of 24 November 1980 opening an invitation to tender for the levy and/or refund for the export of barley to Poland, Czechoslovakia, Hungary, Romania, Bulgaria and the German democratic Republic, and amending Regulation (EEC) No 1430/80

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31980R3025

Commission Regulation (EEC) No 3025/80 of 24 November 1980 opening an invitation to tender for the levy and/or refund for the export of barley to Poland, Czechoslovakia, Hungary, Romania, Bulgaria and the German democratic Republic, and amending Regulation (EEC) No 1430/80  

Official Journal L 317 , 25/11/1980 P. 0015 - 0017

++++COMMISSION REGULATION ( EEC ) NO 3025/80  OF 24 NOVEMBER 1980  OPENING AN INVITATION TO TENDER FOR THE LEVY AND/OR REFUND FOR THE EXPORT OF BARLEY TO POLAND , CZECHOSLOVAKIA , HUNGARY , ROMANIA , BULGARIA AND THE GERMAN DEMOCRATIC REPUBLIC , AND AMENDING REGULATION ( EEC ) NO 1430/80  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1870/80 ( 2 ) ,  HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2747/75 OF 29 OCTOBER 1975 LAYING DOWN GENERAL RULES TO BE APPLIED IN THE EVENT OF THE CEREALS MARKET BEING DISTURBED ( 3 ) , AS LAST AMENDED BY REGULATION  ( EEC ) NO 2560/77 ( 4 ) , AND IN PARTICULAR ARTICLE 2 ( 1 ) THEREOF ,  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 IN PARTICULAR ARTICLE 5 THEREOF ,  WHEREAS BY COMMISSION REGULATION ( EEC ) NO 1430/80 OF 6 JUNE 1980 ( 6 ) AN INVITATION TO TENDER FOR THE EXPORT OF BARLEY TO POLAND , CZECHOSLOVAKIA , HUNGARY , ROMANIA , BULGARIA AND THE GERMAN DEMOCRATIC REPUBLIC WAS OPENED ; WHEREAS IN VIEW OF THE PRESENT SITUATION THE INVITATION TO TENDER SHOULD BE CLOSED ;  WHEREAS , IN VIEW OF THE CURRENT SITUATION ON THE CEREALS MARKET , AN INVITATION SHOULD BE OPENED IN RESPECT OF BARLEY TO TENDER FOR THE EXPORT LEVY PROVIDED FOR IN THE FIRST INDENT OF ARTICLE 2 ( 1 ) OF REGULATION ( EEC ) NO 2747/75 AND/OR FOR THE EXPORT REFUND PROVIDED FOR IN ARTICLE 5 OF REGULATION ( EEC ) NO 2746/75 ; WHEREAS THERE IS DEMAND FOR BARLEY ON CERTAIN SPECIFIC MARKETS ; WHEREAS IN ORDER TO ENSURE SUPPLY , THE INVITATION TO TENDER FOR EXPORT SHOULD BE LIMITED TO POLAND , CZECHOSLOVAKIA , HUNGARY , ROMANIA , BULGARIA AND THE GERMAN DEMOCRATIC REPUBLIC ;  WHEREAS THE DETAILED PROCEDURAL RULES GOVERNING INVITATIONS TO TENDER ARE AS REGARDS THE FIXING OF THE EXPORT LEVY LAID DOWN IN COMMISSION REGULATION  ( EEC ) NO 3130/73 ( 7 ) , AS AMENDED BY REGULATIONS  ( EEC ) NO 278/75 ( 8 ) AND ( EEC ) NO 771/75 ( 9 ) , AND , AS REGARDS THE FIXING OF THE EXPORT REFUND , IN COMMISSION REGULATION ( EEC ) NO 279/75 ( 10 ) , AS AMENDED BY REGULATION ( EEC ) NO 2944/78 ( 11 ) ; WHEREAS THE COMMITMENTS ON THE PART OF THE TENDERER INCLUDE AN OBLIGATION TO LODGE AN APPLICATION FOR AN EXPORT LICENCE ; WHEREAS COMPLIANCE WITH THIS OBLIGATION MAY BE ENSURED BY REQUIRING TENDERERS TO LODGE A TENDERING SECURITY OF 12 ECU PER TONNE WHEN THEY SUBMIT THEIR TENDERS ;  WHEREAS , IN ORDER TO ENSURE EQUAL TREATMENT TO ALL CONCERNED , IT IS NECESSARY TO MAKE PROVISION SUCH THAT THE PERIODS OF VALIDITY OF LICENCES ISSUED ARE IDENTICAL ;  WHEREAS , IN ORDER TO ENSURE THE SMOOTH OPERATION OF THE 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 THE COMPETENT AUTHORITIES ;  WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR CEREALS ,  HAS ADOPTED THIS REGULATION :  ARTICLE 1  1 . THE DATE SPECIFIED IN ARTICLE 1 ( 3 ) OF REGULATION  ( EEC ) NO 1430/80 SHALL BE REPLACED BY " 4 DECEMBER 1980 " .  2 . TENDERS SHALL BE INVITED FOR THE EXPORT LEVY PROVIDED FOR IN THE FIRST INDENT OF ARTICLE 2 ( 1 ) OF REGULATION ( EEC ) NO 2747/75 AND/OR THE EXPORT REFUND PROVIDED FOR IN ARTICLE 5 OF REGULATION ( EEC ) NO 2746/75 .  3 . THE INVITATION TO TENDER SHALL RELATE TO BARLEY FOR EXPORT TO POLAND , CZECHOSLOVAKIA , HUNGARY , ROMANIA , BULGARIA AND THE GERMAN DEMOCRATIC REPUBLIC .  4 . THE INVITATION SHALL REMAIN OPEN UNTIL 30 JUNE 1981 . DURING THIS PERIOD WEEKLY AWARDS SHALL BE MADE , FOR WHICH THE TIME LIMITS FOR THE SUBMISSION OF TENDERS SHALL BE AS PRESCRIBED IN THE NOTICE OF INVITATION TO TENDER .  ARTICLE 2  A TENDER SHALL BE VALID ONLY IF IT RELATES TO AN AMOUNT OF NOT LESS THAN 1 000 TONNES .  ARTICLE 3  THE SECURITY REFERRED TO IN ARTICLE 3 OF REGULATION  ( EEC ) NO 3130/73 AND IN ARTICLE 3 OF REGULATION  ( EEC ) NO 279/75 SHALL BE 12 ECU PER TONNE .  ARTICLE 4  1 . NOTWITHSTANDING ARTICLE 9 ( 1 ) OF REGULATION  ( EEC ) NO 193/75 ( 12 ) , EXPORT LICENCES ISSUED UNDER ARTICLE 8 ( 1 ) OF REGULATION ( EEC ) NO 3130/73 OR UNDER ARTICLE 8 ( 1 ) OF REGULATION ( EEC ) 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 .  2 . EXPORT LICENCES ISSUED IN CONNECTION WITH THE INVITATION TO TENDER PURSUANT TO THIS REGULATION SHALL BE VALID FROM THEIR DATE OF ISSUE , AS DEFINED IN PARAGRAPH 1 , UNTIL THE END OF THE FOURTH MONTH FOLLOWING THAT OF ISSUE .  ARTICLE 5  1 . NOTWITHSTANDING ARTICLE 5 OF REGULATION ( EEC ) NO 3130/73 AND ARTICLE 5 OF REGULATION ( EEC ) NO 279/75 , THE COMMISSION SHALL DECIDE , UNDER THE PROCEDURE LAID DOWN IN ARTICLE 26 OF REGULATION  ( EEC ) NO 2727/75 :   - 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   - 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   - TO MAKE NO AWARD .  2 . WHERE A MAXIMUM EXPORT REFUND IS FIXED , A CONTRACT SHALL BE AWARDED TO ANY TENDERER WHOSE TENDER INDICATES A RATE OF REFUND EQUAL TO OR LESS THAN SUCH MAXIMUM EXPORT REFUND AND TO ANY TENDERER WHO HAS TENDERED FOR AN EXPORT LEVY .  WHERE A MINIMUM EXPORT LEVY IS FIXED , A CONTRACT SHALL BE AWARDED TO ANY TENDERER WHOSE TENDER INDICATES A RATE OF LEVY EQUAL TO OR GREATER THAN SUCH MINIMUM EXPORT LEVY .  ARTICLE 6  TENDERS SUBMITTED MUST REACH THE COMMISSION THROUGH THE INTERMEDIARY OF MEMBER STATES AT THE LATEST ONE AND A HALF HOURS AFTER EXPIRY OF THE PERIOD FOR THE WEEKLY SUBMISSION OF TENDERS AS SPECIFIED IN THE NOTICE OF INVITATION TO TENDER . THEY MUST BE COMMUNICATED IN THE FORM INDICATED IN THE ANNEX .  IF NO TENDERS ARE RECEIVED , MEMBER STATES SHALL INFORM THE COMMISSION OF THIS WITHIN THE TIME LIMIT INDICATED IN THE PRECEDING PARAGRAPH .  ARTICLE 7  THE TIME LIMITS FIXED FOR THE SUBMISSION OF TENDERS SHALL CORRESPOND TO BELGIAN TIME .  ARTICLE 8  THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .  DONE AT BRUSSELS , 24 NOVEMBER 1980 .  FOR THE COMMISSION  FINN GUNDELACH  VICE-PRESIDENT  ( 1 ) OJ NO L 281 , 1 . 11 . 1975 , P . 1 .  ( 2 ) OJ NO L 184 , 17 . 7 . 1980 , P . 1 .  ( 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 .  ( 6 ) OJ NO L 143 , 7 . 6 . 1980 , P . 11 .  ( 7 ) OJ NO L 319 , 20 . 11 . 1973 , P . 10 .  ( 8 ) OJ NO L 31 , 5 . 2 . 1975 , P . 7 .  ( 9 ) OJ NO L 77 , 26 . 3 . 1975 , P . 13 .  ( 10 ) OJ NO L 31 , 5 . 2 . 1975 , P . 8 .  ( 11 ) OJ NO L 351 , 15 . 12 . 1978 , P . 16 .  ( 12 ) OJ NO L 25 , 31 . 1 . 1975 , P . 10 .  ANNEX  WEEKLY TENDER FOR THE LEVY/REFUND FOR THE EXPORT OF BARLEY TO POLAND , CZECHOSLOVAKIA , HUNGARY , ROMANIA , BULGARIA AND THE GERMAN DEMOCRATIC REPUBLIC   ( CLOSING DATE FOR THE SUBMISSION OF TENDERS  ( DATE/TIME ) )  I  1*2*3*  NUMBER OF TENDERER*QUANTITY IN TONNES*AMOUNT OF EXPORT LEVY IN NATIONAL CURRENCY PER TONNE*  1***  2***  3***  4***  5***  ETC .***  II  1*2*3*  NUMBER OF TENDERER*QUANTITY IN TONNES*AMOUNT OF EXPORT REFUND IN NATIONAL CURRENCY PER TONNE*  1***  2***  3***  4***  5***  ETC .