CELEX: 32000R2317
Language: en
Date: 2000-10-19 00:00:00
Title: Commission Regulation (EC) No 2317/2000 of 19 October 2000 opening an invitation to tender for the refund for the export of barley to all third countries except the United States and Canada

20.10.2000              EN                     Official Journal of the European Communities                                       L 267/23
                                          COMMISSION REGULATION (EC) No 2317/2000
                                                           of 19 October 2000
               opening an invitation to tender for the refund for the export of barley to all third countries except
                                                      the United States and Canada
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 provided
Having regard to Council Regulation (EEC) No 1766/92 of 30                for in Article 4 of Regulation (EC) No 1501/95.
June 1992 on the common organisation of the market in
cereals (1), as last amended by Regulation (EC) No 1666/                  2.     The tendering procedure shall concern barley for export
2000 (2),                                                                 to all third countries except the United States and Canada.
Having regard to Commission Regulation (EC) No 1501/95 of                 3.     The invitation shall remain open until 17 May 2001.
29 June 1995 laying down certain detailed rules for the                   During this period weekly awards shall be made, for which the
application of Council Regulation (EEC) No 1766/92 on the                 quantities and the time limits for the submission of tenders
granting of export refunds on cereals and the measures to be              shall be as prescribed in the notice of invitation to tender.
taken in the event of disturbance on the market for cereals (3),
as last amended by Regulation (EC) No 2513/98 (4), and in
particular Article 4 thereof,                                                                          Article 2
Whereas:                                                                  A tender shall be valid only if it relates to an amount of not
                                                                          less than 1 000 tonnes.
(1)     In view of the current situation on the cereals market, an
        invitation should be opened, in respect of barley to                                           Article 3
        tender for the export refund provided for in Article 4 of
        Regulation (EC) No 1501/95.                                       The security referred to in Article 5(3a) of Regulation (EC) No
                                                                          1501/95 shall be EUR 12 per tonne.
(2)     The detailed procedural rules governing invitations to
        tender are as regards the fixing of the export refund in
        Regulation (EC) No 1501/95. The commitments on the                                             Article 4
        part of the tenderer include an obligation to lodge an
        application for an export licence. Compliance with this           1.     Notwithstanding Article 23(1) of Commission Regulation
        obligation may be ensured by requiring tenderers to               (EC) No 1291/2000 laying down common detailed rules for
        lodge a tendering security of EUR 12 per tonne when               the application of the system of import and export licences and
        they submit their tenders.                                        advance fixing certificates for agricultural products (5), export
                                                                          licences issued under Article 8(1) of Regulation (EC) No 1501/
(3)     It is necessary to provide for a specific period of validity      95 shall, for the purpose of determining their period of
        for licences issued under that invitation to tender. That         validity, be deemd to have been issued on the day on which the
        period of validity must meet the needs of the world               tender was submitted.
        market for the 2000/01 marketing year.
                                                                          2.     Export licences issued in connection with the invitations
                                                                          to tender pursuant to this Regulation shall be valid from their
(4)     In order to ensure that all those concerned are treated           date of issue, as defined in paragraph 1, until the end of the
        equally, it is necessary to lay down that the period of           fourth month following that of issue.
        validity of the licences issued should be identical.
(5)     In order to ensure the smooth operation of the export                                          Article 5
        tendering procedure it is appropriate to prescribe a
        minimum quantity to be tendered for and a time limit              Notwithstanding Article 16 of Commission Regulation (EC) No
        and form for the communication of tenders submitted               800/1999 (6), as amended by Regulation (EC) No 1557/
        to the competent authorities.                                     2000 (7), proof of completion of customs formalities for release
                                                                          for consumption shall not be required for payment of refunds
(6)     The measures provided for in this Regulation are in               fixed in a contract awarded under this tender, in so far as the
        accordance with the opinion of the Management                     operator provides proof that a quantity of at least 1 500 tonnes
        Committee for Cereals,                                            of cereal products have left the customs territory of the
                                                                          Community on board a vessel suitable for sea transport.
(1) OJ L  181,  1.7.1992, p. 21.
(2) OJ L  193,  29.7.2000, p. 1.                                          (5) OJ L 152, 24.6.2000, p. 1.
(3) OJ L  147,  30.6.1995, p. 7.                                          (6) OJ L 102, 17.4.1999, p. 11.
(4) OJ L  313,  21.11.1998, p. 16.                                        (7) OJ L 179, 18.7.2000, p. 6.
 ---pagebreak--- L 267/24               EN                      Official Journal of the European Communities                                    20.10.2000
                               Article 6                                  as specified in the notice of invitation to tender. They must be
1.    The Commission shall decide, pursuant to the procedure              communicated in the form indicated in Annex I, to the telex or
laid down in Article 23 of Regulation (EEC) No 1766/92:                   fax numbers in Annex II.
— to fix a maximum export refund, taking account in partic-               If no tenders are received, Member States shall inform the
    ular of the criteria laid down in Article 1 of Regulation (EC)        Commission of this within the time limit indicated in the
    No 1501/95, or                                                        preceding paragraph.
— to make no award.
2.    Where a maximum export refund is fixed, the contract                                            Article 8
shall be awarded to the tenderer or tenderers whose bids are              The time limits fixed for the submission of tenders shall corre-
equal to or lower than the maximum refund.                                spond to Belgian time.
                               Article 7
                                                                                                      Article 9
Tenders submitted must reach the Commission through the
intermediary Member States, at the latest one and a half hours            This Regulation shall enter into force on the day following its
after expiry of the period for the weekly submission of tenders           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, 19 October 2000.
                                                                                       For the Commission
                                                                                         Franz FISCHLER
                                                                                   Member of the Commission
 ---pagebreak--- 20.10.2000          EN                      Official Journal of the European Communities                                       L 267/25
                                                                 ANNEX I
           Weekly tender for the refund for the export of barley to all third countries except the United States and Canada
                                                     (Regulation (EC) No 2317/2000)
                                         (Closing date for the submission of tenders (date/time))
                             1                                        2                                    3
                      Number of tenderer                      Quantity in tonnes          Amount of export refund in EUR/tonne
                             1
                             2
                             3
                            etc.
                                                                 ANNEX II
           The only numbers to use to call Brussels (DG AGRI-C-1) are:
           — telex:       22037 AGREC B,
                          22070 AGREC B (Greek characters),
           — fax:         296 49 56,
                          295 25 15.