CELEX: 31988R1334
Language: en
Date: 1988-05-18 00:00:00
Title: Commission Regulation (EEC) No 1334/88 of 17 May 1988 opening an invitation to tender for the refund for the export of barley to countries of zones I, II, III, IV, V, VI, VII and VIII, the German Democratic Republic and the Canary Islands

18 . 5 . 88                                 Official Journal of the European Communities                               No L 124/9
                                       COMMISSION REGULATION (EEC) No 1334/88
                                                            of 17 May 1988
                   opening an invitation to tender for the refund for the export of barley to
                   countries of zones I, II, III, IV, V, VI, VII and VIII, the German Democratic
                                                  Republic and the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European                                             Article 1
Economic Community,
                                                                       1.     Tenders shall be invited for the export refund
Having regard to Council Regulation (EEC) No 2727/75                   provided for in Article 5 of Regulation (EEC) No 2746/75.
of 29 October 1975 on the common organization of the                   2.     The invitation to tender shall relate to barley for
market in cereals ('), as last amended by Regulation (EEC)             export to countries of zones I, II, III, IV, V, VI, VII and
No 1097/88 (2),                                                        VIII, the German Democratic Republic and the Canary
                                                                       Islands, defined in Annex I to Commission Regulation
Having regard to Council Regulation (EEC) No 2746/75                   (EEC) No 11 24/77 (6).
of 29 October 1975 laying down general rules for granting
export refunds on cereals and criteria for fixing the                  3.     The invitation shall remain open until 25 May 1989.
amount of such refunds (3), and in particular Article 5                During this period weekly awards shall be made, for
thereof,                                                  '            which the quantity and the time limits for the submission
                                                                       of tenders shall be as prescribed in the notice of invitation
Whereas, in view of the current situation on the cereals               to tender.
market, an invitation should be opened in respect of
barley to tender for the export refund provided for in                                             Article 2
Article 5 of Regulation (EEC) No 2746/75 ; whereas there
is demand for barley on certain specific markets ; whereas,            A tender shall be valid only if it relates to an amount of
in order to ensure supply, the invitation to tender for                not less than 1 000 tonnes .
export should be limited to exports to zones I, II, III, IV,
V, VI, VII and VIII, the German Democratic Republic                                                Article 3
and the Canary Islands ;
                                                                       The security referred to in Article 3 of Regulation (EEC)
Whereas the detailed procedural rules governing invita­                 No 279/75 shall be 12 ECU per tonne.
 tions to tender are, as regards the fixing of the export
 refund, laid down by Commission Regulation (EEC) No                                               Article 4
 279/75 (4), as amended by Regulation (EEC) No
 2944/78 Is) ; whereas the commitments on the part of the               1.     Notwithstanding Article 21 (1 ) of Commission
 tenderer include an obligation to lodge an application for             Regulation (EEC) No 3183/80 0, export licences issued
 an export licence ; whereas compliance with this obliga­               pursuant to Article 8 (1 ) of Regulation (EEC) No 279/75
 tion may be ensured by requiring tenderers to lodge a                  shall, for the purpose of determining their period of vali­
 tendering security of 12 ECU per tonne when they                       dity, be deemed to have been issued on the day on which
 submit their tenders ;                                                 the tender was submitted.
 Whereas, in order to ensure equal treatment to all                     2. Export licences issued in connection with the invita­
 concerned, it is necessary to make provision such that the             tion to tender pursuant to this Regulation shall be valid
 periods of validity of licences issued are identical ;                 from their date of issue, as defined in paragraph 1 , until
                                                                        the end of the fourth month following that of issue.
 Whereas, in order to ensure the smooth operation of the
 tendering procedure, it is appropriate to prescribe a                                             Article 5
  minimum quantity to be tendered for and a time limit                   1.    Notwithstanding Article 5 of Regulation (EEC) No
  and form for the communication of tenders submitted to
                                                                        279/75, the Commission shall decide, under the proce­
  the competent authorities ;                                           dure laid down in Article 26 of Regulation (EEC) No
                                                                        2727/75 :
 Whereas the measures provided for in this Regulation are
  in accordance with the opinion of the Management                      — to fix a maximum export refund, taking account in
  Committee for Cereals,                                                     particular of the criteria laid down in Articles 2 and 3
                                                                             of Regulation (EEC) No 2746/75, or
  (') OJ  No L 281 , 1 . 11 . 1975, p. 1 .                              — to make no award.
  (2) OJ  No L 110, 29. 4. 1988, p. 7.
  (3) OJ  No L 281 , 1 . 11 . 1975, p. 78 .
  (<) OJ  No L 31 , 5. 2. 1975, p. 8 .                                  («) OJ No L 134, 28 . 5. 1977, p. 53.
  0   OJ  No L 351 , 15. 12. 1978, p. 16.                               0 OJ No L 338, 13. 12. 1980, p. 1 .
 ---pagebreak--- No L 124/ 10                            Official Journal of the European Communities                                      18 . 5. 88
2. Where a maximum export refund is fixed, a contract                   If no tenders are received, Member States shall inform the
shall be awarded to any tenderer whose tender indicates a               Commission of this within the time limit indicated in the
rate of refund equal to or less than such maximum export                preceding paragraph.
refund.
                                                                                                   Article 7
                           Article 6                                    The time limits fixed for the submission of tenders shall
                                                                        correspond to Belgian time.
Tenders submitted must reach the Commission through
the intermediary of Member States at the latest one and a
                                                                                                  Article 8
half hours after expiry of the period for the weekly
submission of tenders as specified in the notice of invita­            This Regulation shall enter into force on the day
tion to tender. They must be communicated in the form                   following its publication in the Official Journal of the
indicated in the Annex.                                                 European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 17 May 1988 .
                                                                                 For the Commission
                                                                                  Frans ANDRIESSEN
                                                                                     Vice-President
                                                               ANNEX
                  Weekly tender for the refund for the export of barley to countries of zones I, II, III, IV, V,
                        VI, VII and VIII, the German Democratic Republic and the Canary Islands
                                                     Regulation .(EEC) No 1334/88
                                      (Closing date for the submission of tenders (date/time))
                            1                    2                                      3
                   Number of tenderer         Quantity                       Amount of export refund
                                             in tonnes
                l                                                               in ECU per tonne
                            1
                           2          IIl
                           3          \
                           4          I
                           5
                          etc.
                                      I