31980R3027

No L 317 / 22 Official Journal of the European Communities 25 . 11 . 80

COMMISSION REGULATION ( EEC) No 3027/80

of 24 November 1980

opening an invitation to tender for the levy and/or refund for the export of rye to Poland, Czechoslovakia, Hungary and Zone lib, and amending Regulation ( EEC) No 2225 / 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 (8), as amended by Regulations European Economic Community, ( EEC) No 278 / 75 f) and ( EEC) No 771 / 75 ( 10), and , as regards the fixing of the export refund , in Commission Regulation (EEC ) No 279 / 75 (u), as Having regard to Council Regulation ( EEC) No amended by Regulation ( EEC) No 2944 / 78 ("); 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 market 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 ) concerned , it is necessary to make provision such that thereof, the periods of validity of licences issued are identical ;

Whereas , in order to ensure the smooth operation of Having regard to Council Regulation ( EEC) No the tendering procedure, it is appropriate to prescribe 2746 / 75 of 29 October 1975 laying down general a minimum quantity to be tendered for and a time rules for granting export refunds on cereals and limit and form for the communication of tenders criteria for fixing the amount of such refunds ( 5), and submitted to the competent authorities ; in particular Article 5 thereof, Whereas the measures provided for in this Regulation Whereas by Commission Regulation (EEC ) No are in accordance with the opinion of the 2225 / 80 of 22 August 1980 (6) an invitation to tender Management Committee for Cereals , for the export of rye to Poland , Czechoslovakia, Hungary and Zone lib was opened ; whereas in view HAS ADOPTED THIS REGULATION : of the present situation the invitation to tender should be closed ; Article 1 Whereas , in view of the current situation on the cereals market, an invitation should be opened in 1 . The date specified in Article 1 ( 3) of Regulation respect of rye to tender for the export levy provided (EEC) No 2225 / 80 shall be replaced by '4 December 1980 '. for in the first indent of Article 2 ( 1 ) of Regulation (EEC) No 2747 / 75 and / or for the export refund provided for in Article 5 of Regulation ( EEC) No 2 . Tenders shall be invited for the export levy 2746 / 75 ; whereas there is demand for rye on certain provided for in the first indent of Article 2 ( 1 ) of specific markets ; whereas in order to ensure supply, Regulation ( EEC ) No 2747 / 75 and /or the export the invitation to tender for export should be limited refund provided for in Article 5 of Regulation (EEC ) to Poland , Czechoslovakia , Hungary and Zone lib as No 2746 / 75 . defined in Annex I to Commission Regulation ( EEC) No 1124 / 77 O ; 3 . The invitation to tender shall relate to rye for export to Poland , Czechoslovakia , Hungary and Zone lib . ') OJ No L 281 , 1 . 11 . 1975 , p . 1 . 2) OJ No L 184 , 17 . 7 . 1980 , p . 1 . 3) OJ No L 281 , 1 . 11 . 1975 , p . 82 . (') OJ No L 31 , 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 . 1 1 . 1975 , p . 78 . O OJ No L 77 , 26 . 3 . 1975 , p . 13 . 6) OJ No L 222 , 23 . 8 . 1980 , p . 6 . (") OJ No L 31 , 5 . 2 . 1975 , p . 8 . 7) OJ No L 134 , 28 . 5 . 1977 , p . 53 . (") OJ No L 351 , 15 . 12 . 1978 , p . 16 .

25 . 11 . 80 No L 317 / 23 Official Journal of the European Communities

4 . The invitation shall remain open until 30 June — to fix a maximum export refund , taking account 1981 . During this period weekly awards shall be in particular of the criteria laid down in Articles 2 made , for which the time limits for the submission of and 3 of Regulation ( EEC) No 2746/75 , or tenders shall be as prescribed in the notice of — to fix a minimum export levy, taking account in invitation to tender. particular of the criteria laid down in Article 3 ( 1 ) (b) and (d) of Regulation (EEC) No 2747 / 75 , or Article 2 — to make no award .

A tender shall be valid only if it relates to an amount 2 . Where a maximum export refund is fixed , a of not less than 1 000 tonnes . contract shall be awarded to any tenderer whose tender indicates a rate of refund equal to or less than such maximum export refund and to any tenderer Article 3 who has tendered for an export levy.

The security referred to in Article 3 of Regulation Where a minimum export levy is fixed , a contract (EEC) No 3130/73 and in Article 3 of Regulation shall be awarded to any tenderer whose tender (EEC) No 279/75 shall be 12 ECU per tonne . indicates a rate of levy equal to or greater than such minimum export levy.

Article4¶

1 . Notwithstanding Article 9 ( 1 ) of Regulation Tenders submitted must reach the Commission ( EEC) No 193 /75 ('), export licences issued under through the intermediary of Member States at the Article 8 ( 1 ) of Regulation (EEC) No 3130 / 73 or latest one and a half hours after expiry of the period under Article 8 ( 1 ) of Regulation (EEC) No 279/ 75 for the weekly submission of tenders as specified in shall, for the purpose of determining their period of the notice of invitation to tender. They must be validity, be deemed to have been issued on the day on communicated in the form indicated in the Annex . which the tender was submitted . If no tenders are received, Member States shall 2 . Export licences issued in connection with the inform the Commission of this within the time limit invitation to tender pursuant to this Regulation shall indicated in the preceding paragraph . be valid from their date of issue, as defined in paragraph 1 , until the end of the fourth month Article 7 following that of issue . The time limits fixed for the submission of tenders Article 5 shall correspond to Belgian time.

Article 8 1 . Notwithstanding Article 5 of Regulation (EEC) No 3130/ 73 and Article 5 of Regulation (EEC) No 279 / 75 , the Commission shall decide , under the This Regulation shall enter into force on the day procedure laid down in Article 26 of Regulation following its publication in the Official Journal of the ( EEC ) No 2727 / 75 : 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 .

No L 317 / 24 25 . 11 . 80 Official Journal of the European Communities

ANNEX

Weekly tender for the levy/refund for the export of rye to Poland, Czechoslovakia, Hungary and Zone lib

(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 .