CELEX: 31983R1521
Language: en
Date: 1983-06-11 00:00:00
Title: Commission Regulation (EEC) No 1521/83 of 8 June 1983 opening an invitation to tender for the levy and/or refund for the export of barley to countries of Zones I, IIa, III, IV, V, VI, VIIa, VIIc, the German Democratic Republic and the Iberian Peninsula

11 . 6. 83                               Official Journal of the European Communities                          No L 153/27
                                    COMMISSION REGULATION (EEC) No 1521 /83
                                                          of 8 June 1983
               opening an invitation to tender for the levy and/or refund for the export of
               barley to countries of Zones I, Ila, III, IV, V, VI, Vila, VIIc, the German
                                    Democratic Republic and the Iberian Peninsula
THE COMMISSION OF THE EUROPEAN
                                                                    with this obligation may be ensured by requiring
COMMUNITIES,                                                        tenderers to lodge a tendering security of 12 ECU per
                                                                    tonne when they submit their tenders ;
 Having regard to the Treaty establishing the European
Economic Community,                                                 Whereas, in order to ensure equal treatment to all
Having regard to Council Regulation (EEC) No                        concerned, it is necessary to make provision such that
2727/75 of 29 October 1975 on the common organi­                    the periods of validity of licences issued are identical ;
zation of the market in cereals ('), as last amended by
Regulation (EEC) No 1451 /82 (2),                                   Whereas, in order to ensure the smooth operation of
                                                                    the tendering procedure, it is appropriate to prescribe
Having regard to Council Regulation (EEC) No                        a minimum quantity to be tendered for and a time
2747/75 of 29 October 1975 laying down general rules                limit and form for the communication of tenders
to be applied in the event of the cereals market being              submitted to the competent authorities ;
disturbed (3), as last amended by Regulation (EEC) No
2560/77 (4), and in particular Article 2 ( 1 ) thereof,             Whereas the measures provided for in this Regulation
                                                                    are in accordance with the opinion of the Management
Having regard to Council Regulation (EEC) No                        Committee for Cereals,
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 (^ and in particular
Article 5 thereof,                                                  HAS ADOPTED THIS REGULATION :
Whereas, in view of the current situation on the
cereals market, an invitation should be opened in                                           Article 1
respect of barley to tender for the export levy provided
for in the first indent of Article 2 ( 1 ) of Regulation            1 . Tenders shall be invited for the export levy
(EEC) No 2747/75 and/or for the export refund                       provided for in the first indent of Article 2 ( 1 ) of
provided for in Article 5 of Regulation (EEC) No                    Regulation (EEC) No 2747/75 and/or the export
2746/75 ; whereas there is demand for barley on                     refund provided for in Article 5 of Regulation (EEC)
certain specific markets ; whereas, in order to ensure              No 2746/75 .
supply, the invitation to tender for export should be
limited to exports to Zones I, Ila, III, IV, V, VI, Vila,           2. The invitation to tender shall relate to barley for
VIIc, the German Democratic Republic and the                        export to countries of Zones I, Ila, III, IV, V, VI, Vila,
Iberian Peninsula ;                                                 VIIc, the German Democratic Republic and the
                                                                    Iberian Peninsula, defined in Annex I to Regulation
Whereas the detailed procedural rules governing invi­               (EEC) No 1124/77.
tations to tender are, as regards the fixing of the export
levy, laid down in Commission Regulation (EEC) No                   3 . The invitation shall remain open until 28 June
3130/73 (6), as amended by Regulations (EEC) No                     1984. During this period weekly awards shall be made,
278/75 (^ and (EEC) No 771 /75 (8), and, as regards the             for which the time limits for the submission of tenders
fixing of the export refund, in Commission Regulation               shall be as prescribed in the notice of invitation to
(EEC) No 279/75 (9), as amended by Regulation (EEC)                 tender.
No 2944/78 (10) ; whereas the commitments on the
part of the tenderer include an obligation to lodge an
application for an export licence ; whereas compliance                                      Article 2
                                                                    A tender shall be valid only if it relates to an amount
(') OJ   No L 281 , 1 . 11 . 1975, p. 1 .                           of not less than 1 000 tonnes .
(2 OJ    No L 164, 14. 6. 1982, p. 1 .
(3) OJ   No L 281 , 1 . 11 . 1975, p. 82.
(") OJ   No L 303, 28 . 11 . 1977, p. 1 .
0 OJ     No L 281 , 1 . 11 . 1975, p. 78 .                                                  Article 3
(6) OJ   No L 319 , 20 . 11 . 1973, p . 10 .
0 OJ     No L 31 , 5 . 2. 1975, p . 7.                              The security referred to in Article 3 of Regulation
(8) OJ   No L 77, 26 . 3 . 1975, p. 13 .
0 OJ     No L 31 , 5. 2. 1975, p. 8 .                               (EEC) No 3130/73 and in Article 3 of Regulation
( I0) OJ No L 351 , 15. 12. 1978 , p. 16 .                          (EEC) No 279/75 shall be 12 ECU per tonne.
 ---pagebreak--- No L 153 / 28                       Official Journal of the European Communities                             11 . 6. 83
                          Article 4                            maximum export refund and to any tenderer who has
                                                               tendered for an export levy.
1 . Notwithstanding Article 21 ( 1 ) of Regulation
(EEC) No 3183/80 ('), export licences issued under             Where a minimum export levy is fixed, a contract
Article 8 ( 1 ) of Regulation (EEC) No 3130/73 or under        shall be awarded to any tenderer whose tender indi­
Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, for       cates a rate of levy equal to or greater than such
the purpose of determining their period of validity, be        minimum export levy.
deemed to have been issued on the day on which the
tender was submitted .
                                                                                       Article 6
2. Export licences issued in connection with the
invitation to tender pursuant to this Regulation shall
                                                               Tenders   submitted    must    reach  the   Commission
be valid from their date of issue, as defined in para­
graph 1 , until the end of the fourth month following          through the intermediary of Member States at the
that of issue .                                                latest one and a half hours after expiry of the period
                                                               for the weekly submission of tenders as specified in
                          Article 5                            the notice of invitation to tender. They must be
                                                               communicated in the form indicated in the Annex.
1 . Notwithstanding Article 5 of Regulation (EEC)
No 3130/73 and Article 5 of Regulation (EEC) No                If no tenders are received, Member States shall inform
279/75, the Commission shall decide, under the                 the Commission of this within the time limit indi­
procedure laid down in Article 26 of Regulation (EEC)          cated in the preceding paragraph.
No 2727/75 :
— to fix a minimum export refund, taking account in                                    Article 7
    particular of the criteria laid down in Articles 2
    and 3 of Regulation (EEC) No 2746/75, or                   The time limits fixed for the submission of tenders
— to fix a minimum export levy, taking account in              shall correspond to Belgian time.
    particular of the criteria laid down in Article 3 ( 1 )
    (b) and (d) of Regulation (EEC) No 2747/75, or
                                                                                       Article 8
— to make no award.
2. Where a maximum export refund is fixed, a                   This Regulation shall enter into force on the day
contract shall be awarded to any tenderer whose tender         following its publication in the Official Journal of the
indicates a rate of refund equal to or less than such          European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 8 June 1983 .
                                                                        For the Commission
                                                                           Poul DALSAGER
                                                                     Member of the Commission
C) OJ No L 388, 13 . 12. 1980, p. 1 .
 ---pagebreak--- 11 . 6 . 83                      Official Journal of the European Communities                         No L 153 / 29
                                                       ANNEX
            Weekly tender for the levy/refund for the export of barley to countries of Zones I, Ha, III,
              IV, V, VI, Vila, VIIc, the German Democratic Republic and the Iberian Peninsula
                                (Closing date for the submission of tenders (date/time))
                                                           I
                     1                     2                                     3
             Number of tenderer         Quantity                      Amount of export levy
                                       in tonnes                  in national currency per tonne
                     1
                     2
                     3
                     4
                     5
                    etc.
                                                          II
                     1                     2                                     3
             Number of tenderer         Quantity                     Amount of export refund
                                       in tonnes                  in national currency per tonne
                     1
                     2
                     3
                     4
                     5
                    etc.