CELEX: 31999R1701
Language: en
Date: 1999-07-30
Title: Commission Regulation (EC) No 1701/1999 of 30 July 1999 opening an invitation to tender for the refund or the tax for the export of barley to all third countries

31. 7. 1999            EN                     Official Journal of the European Communities                                       L 201/27
                                        COMMISSION REGULATION (EC) No 1701/1999
                                                            of 30 July 1999
               opening an invitation to tender for the refund or the tax for the export of barley to all third
                                                                 countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                              HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European
Community,                                                                                              Article 1
                                                                         1.     Tenders shall be invited for the export refund and/or
Having regard to Council Regulation (EEC) No 1766/92 of 30               export tax provided for in Article 4 of Regulation (EC) No
June 1992 on the common organisation of the market in                    1501/95.
cereals (1), as last amended by Regulation (EC) No 1253/
1999 (2),                                                                2.     The tendering procedure shall concern barley for export
                                                                         to all third countries.
Having regard to Commission Regulation (EC) No 1501/95 of
29 June 1995 laying down certain detailed rules for the                  3.     The invitation shall remain open until 25 May 2000.
application of Council Regulation (EEC) No 1766/92 on the                During this period weekly awards shall be made, for which the
granting of export refunds on cereals and the measures to be             quantities and the time limits for the submission of tenders
taken in the event of disturbance on the market for cereals (3),         shall be as prescribed in the notice of invitation to tender.
as last amended by Regulation (EC) No 2513/98 (4), and in
particular Article 4 thereof,
                                                                                                        Article 2
(1)     Whereas, in view of the current situation on the cereals         A tender shall be valid only if it relates to an amount of not
        market, an invitation should be opened, in respect of            less than 1 000 tonnes.
        barley to tender for the export refund or tax provided
        for in Article 4 of Regulation (EC) No 1501/95;
                                                                                                        Article 3
(2)     Whereas the detailed procedural rules governing invita-
        tions to tender are as regards the fixing of the export          The security referred to in Article 5(3a) of Regulation (EC) No
        refund, or export tax in Regulation (EC) No 1501/95;             1501/95 shall be euro 12 per tonne.
        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                                         Article 4
        may be ensured by requiring tenderers to lodge a
        tendering security of EUR 12 per tonne when they                 1.     Notwithstanding Article 21(1) of Commission Regulation
        submit their tenders;                                            (EEC) No 3719/88 laying down common detailed rules for the
                                                                         application of the system of import and export licences and
                                                                         advance fixing certificates for agricultural products (5), export
(3)     Whereas it is necessary to provide for a specific period
                                                                         licences issued under Article 81(1) of Regulation (EC) No 150/
        of validity for licences issued under that invitation to
                                                                         95 shall, for the purpose of determining their period of
        tender; whereas that period of validity must meet the
                                                                         validity, be deemd to have been issued on the day on which the
        needs of the world market for the 1999/2000 marketing
                                                                         tender was submitted.
        year;
                                                                         2.     Export licences issued in connection with the invitations
(4)     Whereas, in order to ensure that all those concerned are         to tender pursuant to this Regulation shall be valid from their
        treated equally, it is necessary to lay down that the            date of issue, as defined in paragraph 1, until the end of the
        period of validity of the licences issued should be              fourth month following that of issue.
        identical;
(5)     Whereas, in order to ensure the smooth operation of the                                         Article 5
        export tendering procedure it is appropriate to prescribe
        a minimum quantity to be tendered for and a time limit           1.     The Commission shall decide, pursuant to the procedure
        and form for the communication of tenders submitted              laid down in Article 23 of Regulation (EEC) No 1766/92:
        to the competent authorities;                                    — to fix a maximum export refund, taking account in partic-
                                                                             ular of the criteria laid down in Article 1 of Regulation (EC)
(6)     Whereas the measures provided for in this Regulation                 No 1501/95, or
        are in accordance with the opinion of the Management             — to fix a minimum export tax, taking into account in partic-
        Committee for Cereals,                                               ular the criteria laid down in Article 1 of Regulation (EC)
                                                                             No 1501/95, or
(1) OJ L  181, 1.7.1992, p. 21.                                          — to make no award.
(2) OJ L  160, 26.6.1999, p. 18.
(3) OJ L  147, 30.6.1995, p. 7.
(4) OJ L  313, 21.11.1998, p. 16.                                        (5) OJ L 331, 2.12.1988, p. 1.
 ---pagebreak--- L 201/28              EN                      Official Journal of the European Communities                                   31. 7. 1999
2.    Where a maximum export refund is fixed, the contract               communicated in the form indicated in Annex I, to the telex or
shall be awarded to the tenderer or tenderers whose bids are             fax numbers in Annex II.
equal to or lower than the maximum refund, as well as to the
tenderer or tenderers whose bid relates to an export tax.                If no tenders are received, Member States shall inform the
                                                                         Commission of this within the time limit indicated in the
3.    Where a minimum export tax is fixed, a contract shall be           preceding paragraph.
awarded to any tenderer whose tender indicates a rate of tax
equal to or more than such minimum export tax.                                                       Article 7
                                                                         The time limits fixed for the submission of tenders shall cor-
                            Article 6                                    respond to Belgian time.
Tenders submitted must reach the Commission through the                                              Article 8
intermediary Member States, at the latest one and a half hours
after expiry of the period for the weekly submission of tenders          This Regulation shall enter into force on the day following its
as specified in the notice of invitation to tender. They must be         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, 30 July 1999.
                                                                                     For the Commission
                                                                                       Franz FISCHLER
                                                                                 Member of the Commission
 ---pagebreak--- 31. 7. 1999          EN                      Official Journal of the European Communities                                       L 201/29
                                                                   ANNEX I
                      Weekly tender for the refund or the tax for the export of barley to all third countries
                                                       (Regulation (EC) No 1701/1999)
                                          (Closing date for the submission of tenders (date/time))
                         1                              2                                          3
                                                                                    A                           B
                  Number of tenderer            Quantity in tonnes        Amount of export tax in    Amount of export refund in
                                                                                EUR/tonne                   EUR/tonne
                         1
                         2
                         3
                        etc.
                                                                   ANNEX II
            The only numbers to use to call Brussels (DG VI-C-1) are:
            — telex:                 22037 AGREC B,
                                     22070 AGREC B (Greek characters),
            — fax:                   295 25 15,
                                     296 49 56.