CELEX: 31980R3023
Language: en
Date: 1980-11-25 00:00:00
Title: Commission Regulation (EEC) No 3023/80 of 24 November 1980 opening an invitation to tender for the levy and/or refund for the export of barley to countries of Zones I, IIb, IV, V and VI, and amending Regulation (EEC) No 1428/80

25 . 11 . 80                                  Official Journal of the European Communities                              No L 317 / 9
                                           COMMISSION REGULATION (EEC) No 3023 /80
                                                           of 24 November 1980
                opening an invitation to tender for the levy and/or refund for the export of barley to
                   countries of Zones I, lib, IV, V and VI, and amending Regulation (EEC) No 1428/80
THE COMMISSION OF THE EUROPEAN                                           Whereas the detailed procedural rules governing
COMMUNITIES ,                                                            invitations to tender are as regards the fixing of the
                                                                         export levy laid down in Commission Regulation
Having regard to the Treaty establishing the                             ( EEC) No 3130 / 73 ('), as amended by Regulations
European Economic Community,                                             (EEC) No 278 /75 Q and (EEC) No 771 /75 (10) and,
                                                                         as regards the fixing of the export refund , in
Having regard to Council Regulation (EEC) No                             Commission Regulation (EEC) No 279 /75 (") as
2727 / 75 of 29 October 1975 on the common organi­                       amended by Regulation (EEC) No 2944 / 78 (12);
zation of the market in cereals ('), as last amended by                  whereas the commitments on the part of the tenderer
Regulation (EEC) No 1870 / 80 (2),                                       include an obligation to lodge an application for an
                                                                         export licence ; whereas compliance with this
                                                                         obligation may be ensured by requiring tenderers to
Having regard to Council Regulation (EEC) No
2747 /75 of 29 October 1975 laying down general
                                                                         lodge a tendering security of 12 ECU per tonne when
rules to be applied in the event of the cereals maket                    they submit their tenders ;
being disturbed (3), as last amended by Regulation
(EEC) No 2560/ 77 (4), and in particular Article 2 ( 1 )                 Whereas, in order to ensure equal treatment to all
thereof,                                                                 concerned , it is necessary to make provision such that
                                                                         the periods of validity of licences issued are identical ;
Having regard to Council Regulation (EEC) No                             Whereas , in order to ensure the smooth operation of
2746/75 of 29 October 1975 laying down general                           the tendering procedure, it is appropriate to prescribe
rules for granting export refunds on cereals and                         a minimum quantity to be tendered for and a time
criteria for fixing the amount of such refunds (5), and                  limit and form for the communication of tenders
in particular Article 5 thereof,                                         submitted to the competent authorities ;
Whereas by Commission Regulation (EEC) No                                Whereas the measures provided for in this Regulation
 1428 / 80 of 6 June 1980 (6), an invitation to tender                   are in accordance with the opinion of the
for the export of barley to countries of Zones I, lib,                   Management Committee for Cereals,
IV, V and VI was opened ; whereas in view of the
present situation the invitation to tender should be
closed ;
                                                                         HAS ADOPTED THIS REGULATION :
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 levy                                                        Article 1
provided for in the first indent of Article 2 ( 1 ) of
Regulation (EEC) No 2747/ 75 and /or for the export                        1 . The date specified in Article 1 (3) of Regulation
refund provided for in Article 5 of Regulation (EEC)                      ( EEC) No 1428 / 80 shall be replaced by '4 December
 No 2746 /75 ; whereas there is demand for barley on                       1980 '.
certain specific markets ; whereas in order to ensure
 supply, the invitation to tender for export should be                    2 . Tenders shall be invited for the export levy
 limited to exports to Zones I, lib, IV, V and VI as                      provided for in the first indent of Article 2 ( 1 ) of
 defined in Annex I to Commission Regulation ( EEC)                       Regulation (EEC) No 2747 /75 and / or the export
 No 1124 / 77 O ;                                                         refund provided for in Article 5 of Regulation (EEC)
                                                                          No 2746 / 75 .
  ') OJ  No  L 281 , 1 . 11 . 1975 , p. 1 .
  l) OJ  No  L 184 , 17 . 7 . 1980 , p . 1 .
  ') OJ  No  L 281 , 1 . 1 1 . 1975 , p. 82 .                               (*) OJ No L 319 , 20 . 11 . 1973 , p. 10 .
  4) OJ  No  L 303 , 28 . 11 . 1977 , p . 1 .                               O   OJ No L 31 , 5 . 2 . 1975 , p . 7 .
  5) OJ  No  L 281 , 1 . 11 . 1975 , p . 78 .                             ( 10) OJ No L 77 , 26 . 3 . 1975 , p . 13 .
  ') OJ  No  L 143,  7. 6. 1980, p. 7.                                    (")   OJ No L 31 , 5 . 2 . 1975 , p. 8 .
  ') OJ  No  L 134 , 28 . 5 . 1977, p. 53 .                               C 2)  OJ No L 351 , 15 . 12 . 1978 , p . 16 .
 ---pagebreak--- No L 317 / 10                             Official Journal of the European Communities                              25 . 11 . 80
 3 . The invitation to tender shall relate to barley for             procedure laid down in Article 26 of Regulation
 export to countries of Zones I, lib , IV, V and VI as               (EEC) No 2727/75 :
 defined in Annex I to Regulation (EEC) No 1124/ 77 .
                                                                     — to fix a maximum export refund, taking account
                                                                         in particular of the criteria laid down in Articles 2
 4 . The invitation shall remain open until 30 June                      and 3 of Regulation (EEC) No 2746 / 75 , or
 1981 . During this period weekly awards shall be
 made , for which the time limits for the submission of              — to fix a minimum export levy, taking account in
 tenders shall be as prescribed in the notice of                         particular of the criteria laid down in Article 3 (1 )
 invitation to tender.                                                   (b) and (d) of Regulation (EEC) No 2747 / 75 , or
                                                                     — to make no award .
                             Article 2
                                                                     2 . Where a maximum export refund is fixed , a
 A tender shall be valid only if it relates to an amount             contract shall be awarded to any tenderer whose
 of not less than 1 000 tonnes .                                     tender indicates a rate of refund equal to or less than
                                                                     such maximum export refund and to any tenderer
                                                                     who has tendered for an export levy.
                             Article 3
                                                                     Where a minimum export levy is fixed , a contract
                                                                     shall be awarded to any tenderer whose tender
 The security referred to in Article 3 of Regulation                 indicates a rate of levy equal to or greater than such
 (EEC) No 3130 / 73 and in Article 3 of Regulation                   minimum export levy.
 (EEC) No 279 /75 shall be 12 ECU per tonne.
                                                                                              Article 6
                             Article 4
                                                                     Tenders    submitted     must   reach   the Commission
 1 . Notwithstanding Article 9 ( 1 ) of Regulation                   through the intermediary of Member States at the
 (EEC) No 193 /75 ('), export licences issued under                  latest one and a half hours after expiry of the period
 Article 8 ( 1 ) of Regulation (EEC) No 3130 / 73 or                 for the weekly submission of tenders as specified in
 under Article 8 ( 1 ) of Regulation (EEC) No 279/75                 the notice of invitation to tender. They must be
                                                                     communicated in the form indicated in the Annex .
 shall , for the purpose of determining their period of
 validity, be deemed to have been issued on the day on               If no tenders are received, Member States shall
 which the tender was submitted .                                    inform the Commission of this within the time limit
                                                                     indicated in the preceding paragraph .
 2.     Export licences issued in connection with the
 invitation to tender pursuant to this Regulation shall                                       Article 7
 be valid from their date of issue, as defined in
.paragraph 1 , until the end of the fourth month                     The time limits fixed for the submission of tenders
 following that of issue .                                           shall correspond to Belgian time.
                             Article 5                                                        Article 8
 1 . Notwithstanding Article 5 of Regulation (EEC)                   This Regulation shall enter into force on the day
 No 3130/73 and Article 5 of Regulation (EEC) No                     following its publication in the Official Journal of the
 279 / 75 , the Commission shall decide, under the                    European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 24 November 1980 .
                                                                                          For the Commission
                                                                                           Finn GUNDELACH
                                                                                              Vice-President
 (') OJ No L 25 , 31 . 1 . 1975 , p. 10 .
 ---pagebreak--- 25 . 11 . 80                     Official Journal of the European Communities                                      No L 317 / 11
                                                          ANNEX
             Weekly tender for the levy/refund for the export of barley to countries of Zones I, lib, IV, V and VI
                                  (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 .