31980R3023

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 Commission Regulation (EEC) No 279 /75 (") as Having regard to Council Regulation (EEC) No amended by Regulation (EEC) No 2944 / 78 (12); 2727 / 75 of 29 October 1975 on the common organi­ whereas the commitments on the part of the tenderer zation of the market in cereals ('), as last amended by include an obligation to lodge an application for an Regulation (EEC) No 1870 / 80 (2), export licence ; whereas compliance with this obligation may be ensured by requiring tenderers to Having regard to Council Regulation (EEC) No lodge a tendering security of 12 ECU per tonne when 2747 /75 of 29 October 1975 laying down general they submit their tenders ; rules to be applied in the event of the cereals maket being disturbed (3), as last amended by Regulation Whereas, in order to ensure equal treatment to all (EEC) No 2560/ 77 (4), and in particular Article 2 ( 1 ) 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 Article 1 respect of barley to tender for the export levy 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 .

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 contract shall be awarded to any tenderer whose A tender shall be valid only if it relates to an amount 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 through the intermediary of Member States at the 1 . Notwithstanding Article 9 ( 1 ) of Regulation latest one and a half hours after expiry of the period (EEC) No 193 /75 ('), export licences issued under for the weekly submission of tenders as specified in Article 8 ( 1 ) of Regulation (EEC) No 3130 / 73 or the notice of invitation to tender. They must be under Article 8 ( 1 ) of Regulation (EEC) No 279/75 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.

Article5¶

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 .

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

Quantity Amount of export levy Number of tenderer in tonnes in national currency per tonne

1 2 3 4 5

etc.

II

1 2 3

Quantity Amount of export refund Number of tenderer in tonnes in national currency per tonne

1 2 3 4 5

etc .