CELEX: 31996R1144
Language: en
Date: 1996-06-25 00:00:00
Title: COMMISSION REGULATION (EC) No 1144/96 of 25 June 1996 opening an invitation to tender for the refund or the tax for the export of barley to all third countries

26. 6 . 96           EN              Official Journal of the European Communities                                No L 151 / 17
                                       COMMISSION REGULATION (EC) No 1144/96
                                                         of 25 June 1996
                     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,                        2. The tendering procedure shall concern barley for
                                                                       export to all third countries.
    Having regard to the Treaty establishing the European
    Community,
    Having regard to Council Regulation (EEC) No 1766/92               3.   The invitation shall remain open until 29 May 1997.
    of 30 June 1992 on the common organization of the                  During this period weekly awards shall be made, for
    market in cereals ('), as last amended by Commission              which the quantities and the time limits for the submis­
   Regulation (EC) No 923/96 (2),                                     sion of tenders shall be as prescribed in the notice of invi­
                                                                      tation to tender.
    Having regard to Commission Regulation (EC) No
    1501 /95 of 29 June 1995 laying down certain detailed
   rules for the application of Council Regulation (EEC) No
    1766/92 on the granting of export refunds on cereals and                                   Article 2
   the measures to be taken in the event of disturbance on
   the market for cereals f), as last amended by Regulation
   (EC) No 95/96 (4), and in particular Article 4 thereof,            A tender shall be valid only if it relates to an amount of
                                                                      not less than 1 000 tonnes.
  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 refund or tax provided for
  in Article 4 of Regulation (EC) No 1501 /95;
                                                                                               Article 3
  Whereas the detailed procedural rules governing invita­
  tions to tender are as regards the fixing of the export
  refund, or export tax in Regulation (EC) No 1501 /95;              The security referred to in Article 5 (3a) of Regulation
  whereas the commitments on the part of the tenderer                (EC) No 1501 /95 shall be ECU 12 per tonne.
  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 ten­
  dering security of ECU 12 per tonne when they submit                                         Article 4
  their tenders;
 Whereas it is necessary to provide for a specific period of
 validity for licences issued under that invitation to tender,       1 . Notwithstanding Article 21 (1 ) of Commission
 whereas that period of validity must meet the needs of the          Regulation (EEC) No 3719/88 (5), export licences issued
 world market for the 1996/97 marketing year,                       under Article 8 (1 ) of Regulation (EC) No 1501 /95 shall,
                                                                     for the purpose of determining their period of validity, be
 Whereas, in order to ensure the smooth operation of the            deemed to have been issued on the day on which the
 export tendering procedure it is appropriate to prescribe a        tender was submitted.
 minimum quantity to be tendered for and a time limit
 and form for the communication of tenders submitted to
 the competent authorities;                                         2. Subject to the provisions of Article 1 of Commission
                                                                    Regulation (EC) No 1521 /94 (6) export licences issued in
 Whereas the measures provided for in this Regulation are           connection with the invitations to tender pursuant to this
 in accordance with the opinion of the Management                   Regulation shall be valid from their date of issue, as
 Committee for Cereals,                                             defined in paragraph 1 , until the end of the fourth month
                                                                    following that of issue.
 HAS ADOPTED THIS REGULATION:
                            Article 1
                                                                                              Article 5
 1.     Tenders shall be invited for the export refund or
export tax provided for in Article 4 of Regulation (EC) No
 1501 /95.                                                          1 . The Commission shall decide, pursuant to the
                                                                   procedure laid down in Article 23 of Regulation (EEC)
                                                                   No 1766/92:
(') OJ No L 181 , 1 . 7. 1992, p. 21 .
(2) OJ No L 12 6, 24. 5. 1996, p. 37.
(3) OJ No L 147, 30. 6. 1995, p. 7.                                0 OJ No L 331 , 2. 12. 1988, p. 1 .
h) OJ No L 18, 24. 1 . 1996, p. 10.                                (') OJ No L 162, 30. 6. 1994, p. 47.
 ---pagebreak---  No L 151 / 18      TEN                 Official Journal of the European Communities                                26. 6. 96
— to fix a maximum export refund, taking account in               half hours after expiry of the period for the weekly
     particular of the criteria laid down in Article 1 of         submission of tenders as specified in the notice of invita­
     Regulation (EC) No 1501 /95, or                              tion to tender. They must be communicated in the form
                                                                  indicated in Annex I, to the telex or fax numbers in
— to fix a minimum export tax, taking into account in             Annex II.
     particular the criteria laid down in Article 1 of Regula­
     tion (EC) No 1501 /95, or                                    If no tenders are received, Member States shall inform the
— to make no award .                                              Commission of this within the time limit indicated in the
2. Where a maximum export refund is fixed, a contract             preceding paragraph.
shall be awarded to any tenderer whose tender indicates a
rate of refund equal to or less than such maximum export                                   Article 7
refund.
3 . Where a minimum export tax is fixed, a contract               The time limits fixed for the submission of tenders shall
shall be awarded to any tenderer whose tender indicates a         correspond to Belgian time .
rate of tax equal to or more than such minimum export
tax.
                                                                                           Article 8
                            Article 6
                                                                  This Regulation shall enter into force on the day follo­
Tenders submitted must reach the Commission through               wing its publication in the Official Journal of the Euro­
the intermediary Member States, at the latest one and a           pean Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 25 June 1996.
                                                                           For the Commission
                                                                             Franz FISCHLER
                                                                       Member of the Commission
 ---pagebreak--- 26. 6. 96   TEN                Official Journal of the European Communities                             No L 151 / 19
                                                     ANNEX I
          Weekly tender for the refund or the tax for the export of barley to all third countries
                                           (Regulation (EC) No 1144/96)
                             (Closing date for the submission of tenders (date/time))
                      1                      2                                   3
                                                                     A                        B
                   Number                 Quantity
                 of tenderer             in tonnes                 Amount                  Amount
                                                                of export tax          of export refund
                                                             in ECU per tonne         in ECU per 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 .