CELEX: 31992R1344
Language: en
Date: 1992-05-27 00:00:00
Title: Commission Regulation (EEC) No 1344/92 of 26 May 1992 opening an invitation to tender for the refund for the export of rye to countries of zones I, II, III, IV, V, VI, VII and VIII

27. 5. 92                                 Official Journal of the European Communities                              No L 145/25
                                     COMMISSION REGULATION (EEC) No 1344/92
                                                          of 26 May 1992
                 opening an invitation to tender for the refund for the export of rye to countries
                                          of zones I, II, III, IV, V, VI, VII and VIII
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas, in order to ensure the smooth operation of the
                                                                    tendering procedure, it is appropriate to prescribe a
                                                                     minimum quantity to be tendered for and a time limit
Having regard to the Treaty establishing the European                and form for the communication of tenders submitted to
Economic Community,                                                  the competent authorities ;
                                                                    Whereas the measures provided for in this Regulation are
Having regard to Council Regulation (EEC) No 2727/75                 in accordance with the opinion of the Management
of 29 October 1975 on the common organization of the                 Committee for Cereals,
market in cereals ('), as last amended by Regulation (EEC)
No 674/92 (2),
Having regard to Council Regulation (EEC) No 2746/75
                                                                     HAS ADOPTED THIS REGULATION :
of 29 October 1975 laying down general rules for granting
export refunds on cereals and criteria for fixing the
amount of such refunds (3), and in particular Article 5
thereof,
                                                                                               Article 1
Whereas, in view of the current situation on the cereals             1 . Tenders shall be invited for the export refund
market, an invitation should be opened in respect of rye             provided for in Article 5 of Regulation (EEC) No 2746/75.
to tender for the export refund provided for in Article 5
of Regulation (EEC) No 2746/75 ; whereas, in order to
ensure supply, the invitation to tender for export should            2.    The invitation to tender shall relate to rye for export
                                                                     to the countries of zones I, II, III, IV, V, VI, VII and VIII
be limited to zones I, II, III, IV, V, VI, VII and VIII ;
                                                                     as defined in Annex I to Commission Regulation (EEC)
                                                                     No 11 24/77 (6).
Whereas the detailed procedural rules governing invita­
tions to tender are, as regards the fixing of the export             3. The invitation shall remain open until 27 May 1993.
refund, in Commission Regulation (EEC) No 279/75 (4), as             During this period weekly awards shall be made, for
last amended by Regulation (EEC) No 2788/86 (*) ;                    which the quantities and the time limits for the submis­
whereas the commitments on the part of the tenderer                  sion of tenders shall be as prescribed in the notice of invi­
include an obligation to lodge an application for an                 tation to tender.
export licence ; whereas compliance with this obligation
may be ensured by requiring tenderers to lodge a tende­              By way of derogation from Article 1 (2) of Regulation
ring security of ECU 12 per tonne when they submit                   (EEC) No 279/75, the time-limit for submission of
their tenders :
                                                                     tenders under the first partial invitation to tender shall
                                                                     expire on 4 June 1992.
Whereas, in order to ensure that all those concerned are
treated equally, it is necessary to lay down that the period
of validity of the licences issued should be identical ;                                       Article 2
Whereas, since the interested parties are already aware of           A tender shall be valid only if it related to an amount of
the terms of the invitation, a derogation may be made                not less than 1 000 tonnes.
from the provisions of Regulation (EEC) No 279/75 on
the period that must elapse between the date of publica­
tion and the first closing date for the submission of
tenders :                                                                                      Article 3
(') OJ No  L 281 , 1 . 11 . 1975, p. 1 .                             The security referred to in Article 3 of Regulation (EEC)
0   OJ No  L 73, 19. 3. 1992, p. 7.                                  No 279/75 shall be ECU 12 per tonne.
(3) OJ No  L 281 , 1 . 11 . 1975, p. 78 .
(4) OJ No  L 31 , 5. 2. 1975, p. 8.
Is) OJ No L 257, 10. 9. 1986, p. 32.                                 (6) OJ No L 134, 28. 5. 1977, p. 53 .
 ---pagebreak--- No L 145/26                             Official Journal of the European Communities                                27. 5. 92
                           Article 4                              rate of refund equal to or less than such maximum export
                                                                  refund.
1.     Notwithstanding Article 21 (1 ) of Commission
Regulation (EEC) No 3719/88 ('), export licences issued
under Article 8 (1 ) of Regulation (EEC) No 279/75 shall,                                   Article 6
for the purpose of determining their period of validity, be
deemed to have been issued on the day on which the                Tenders submitted must reach the Commission through
tender was submitted.                                             the intermediary Member States, at the latest one and a
                                                                  half hours after expiry of the period for the weekly
2. Export licences issued in connection with the invita­          submission of tenders as specified in the notice of invita­
tion to tender pursuant to this Regulation shall be valid         tion to tender. They must be communicated in the form
from their date of issue, as defined in paragraph 1 , until
                                                                  indicated in Annex I, to the telephone, telex or telefax
the end of the fourth month following that of issue.              numbers in Annex II .
Licences issued before 1 July 1992, however, may only be
used from that date.                                               If no tenders are received, Member States shall inform the
                                                                   Commission of this within the time limit indicated in the
                            Article 5                              preceding paragraph.
 1 . Notwithstanding Article 5 of Regulation (EEC) No
279/75, the Commission shall decide, under the proce­                                       Article 7
dure laid down in Article 26 of Regulation (EEC) No
2727/75 :                                                         The time limits fixed for the submission of tenders shall
                                                                  correspond to Belgian time.
— to fix a maximum export refund, taking account in
     particular of the criteria laid down in Articles 2 and 3
     of Regulation (EEC) No 2746/75, or                                                     Article 8
— to make no award.
                                                                  This Regulation shall enter into force on the day
2. Where a maximum export refund is fixed, a contract              following its publication in the Official Journal of the
shall be awarded to any tenderer whose tender indicates a          European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 26 May 1992.
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
(') OJ No L 331 , 2. 12. 1988, p. 1 .
 ---pagebreak--- 27. 5. 92                      Official Journal of the European Communities                                 No L 145/27
                                                       ANNEX I
          Weekly tender for the refund for the export of rye to countries of zones I, II, III, IV, V, VI,
                                                     VII and VIII
                                            (Regulation (EEC) No 1344/92)
                              (Closing date for the submission of tenders (date/time))
                    1                  2                                       3
                Number              Quantity                       Amount of export refund
               of tenderer         in tonnes                           in ECU per tonne
                    1
                    2
                    3
                   etc.
                                                      ANNEX II
          The only numbers to use to call Brussels (DG VI-C-1 (Attention : Messrs Thibault and Brus)) are :
          — telex :           22037 AGREC B
                              22070 AGREC B (Greek characters)
          — telefax :         — 235 01 32,
                              — 236 10 97,
                              — 236 20 05,
                              — 236 20 08 .