31981R2363

No L 232/ 8 Official Journal of the European Communities 18 . 8 . 81

COMMISSION REGULATION (EEC) No 2363/81 of 17 August 1981 opening an invitation to tender for the levy and/or refund for the export of barley to Poland

THE COMMISSION OF THE EUROPEAN regards the fixing of the export refund, in Commis­ COMMUNITIES, sion Regulation' (EEC) No 279/75 (9), as amended by Regulation (EEC) No 2944/78 (10) ; whereas the Having regard to the Treaty establishing the European commitments on the part of the tenderer include an Economic Community, obligation to lodge an application for an export licence ; whereas compliance with this obligation may Having regard to Council Regulation (EEC) No be ensured by requiring tenderers to lodge a tendering 2727/75 of 29 October 1975 on the common organiza­ security of 12 ECU per tonne when they submit their tion of the market in cereals (*), as last amended by tenders ; Regulation (EEC) No 1949/81 (2), Whereas, in order to ensure equal treatment to all Having regard to Council Regulation (EEC) No concerned, it is necessary to make provision such that 2747/75 of 29 October 1975 laying down general the periods of validity of licences issued are identical ; rules to be applied in the event of the cereals market being disturbed (3), as last amended by Regulation Whereas, in order to ensure " the smooth operation of (EEC) No 2560/77 (4), and in particular Article 2 ( 1 ) the tendering procedure, it is appropriate to prescribe thereof, a minimum quantity to be tendered for and a time limit and form for the communication of tenders Having regard to Council Regulation (EEC) No submitted to the competent authorities ; 2746/75 of 29 October 1975 laying down general rules for granting export refunds on cereals and criteria for fixing the amount of such refunds (5), and Whereas the measures provided for in this Regulation in particular Article 5 thereof, are in accordance with the opinion of the Manage­ ment Committee for Cereals, Whereas the European Council agreed at its meeting on 1 April 1981 in Brussels, that steps should be taken to facilitate the purchase by Poland of certain HAS ADOPTED THIS REGULATION : agricultural products of the Community ; whereas in view of the available supplies of Community cereals it is possible to put at the disposal of Poland some 72 500 tonnes of barley ; Article 1

Whereas, in view of the current situation on the 1 . Tenders shall be invited for the export levy cereals market, an invitation should be opened in provided for in the first indent of Article 2 ( 1 ) of Regu­ respect of barley to tender for the export levy provided lation (EEC) No 2747/75 and/or the export refund for in the first indent of Article 2 ( 1 ) of Regulation provided for in Article 5 of Regulation (EEC) No (EEC) No 2747/75 and/or for the export refund 2746/75 . provided for in Article 5 of Regulation (EEC) No 2746/75 ; whereas there is demand for barley on 2. The invitation to tender shall relate to barley for certain specific markets ; whereas, in order to ensure export to Poland. supply, the invitation to tender for export should be limited to exports to Poland ; 3 . The invitation shall remain open until 17 December 1981 . During this period weekly awards Whereas the detailed procedural rules governing invi­ shall be made, for which the time limits for the tations to tender are, as regards the fixing of the submission of tenders shall be as prescribed in the export levy, laid down in Commission Regulation notice of invitation to tender. (EEC) No 3130/73 (6), as amended by Regulations EEC) No 278 /75 (7) and (EEC) No 771 /75 (8) and, as

Article 2 1 ) OJ No L 281 , 1 . 11 . 1975, p . 1 . 2) OJ No L 198 , 20 . 7. 1981 , p. 2. 3) OJ No L 281 , 1 . 11 . 1975, p. 82. 1 . A tender shall be valid only if it relates to an 4) OJ No L 303, 28 . 11 . 1977, p. 1 . amount of not less than 1 000 tonnes . 5) OJ No L 281 , 1.11 . 1975, p. 78 . <>) OJ No L 319 , 20 . 11 . 1973, p. 10. 7) OJ No L 31 , 5 . 2. 1975, p. 7. (9) OJ No L 31 , 5. 2. 1975, p. 8 . 8) OJ No L 77, 26 . 3 . 1975, p . 13 . ( ,0) OJ No L 351 , 15. 12. 1978, p. 16.

18 . 8 . 81 Official Journal of the European Communities No L 232/9

2. Tenders shall be valid only if they are accompa­ — to fix a minimum export levy, taking account in nied by the proof of an undertaking to purchase by particular of the criteria laid down in Article 3 ( 1 ) the Polish authorities covering the invitation to tender (b) and (d) of Regulation (EEC) No 2747/75, or in question and a given quantity. — to make no award .

Article 3 2. Where a maximum export refund is fixed, a contract shall be awarded to any tenderer whose The security referred to in Article 3 of Regulation tender indicates a rate of refund equal to or less than (EEC) No 3130/73 and in Article 3 of Regulation such maximum export refund and to any tenderer (EEC No 279/75 shall be 12 ECU per tonne. who has tendered for an export levy. Where a minimum export levy is fixed, a contract Article 4 shall be awarded to any tenderer whose tender indi­ cates a rate of levy equal to or greater than such 1 . Notwithstanding Article 21 ( 1 ) of Regulation minimum export levy. (EEC) No 31 83/80 (1), export licences issued under » Article 8 ( 1 ) of Regulation (EEC) No 3130/73 or under Article 6 Article 8 (1 ) of Regulation (EEC) No 279/75 shall for the purpose of determining their period of validity, be Tenders submitted must reach the Commission deemed to have been issued on the day on which the through the intermediary of Member States, at the tender was submitted . latest, one and a half hours after expiry of the period for the weekly submission of tenders as specified in 2. Export licences issued in connection with the the notice of invitation to tender. They must be invitation to tender pursuant to this Regulation shall communicated in the form indicated in the Annex. be valid from their date of issue, as defined in para­ graph 1 , until the end of the second month following If no tenders are received, Member States shall inform that of issue . the Commission of this within the time limit indi­ cated in the preceding paragraph. Article 5 Article 7 1 . Notwithstanding Article 5 of Regulation (EEC) The time limits fixed for the submission of tenders No 3130/73 and Article 5 of Regulation (EEC) No 279/75, the Commission shall decide, under the proce­ shall correspond to Belgian time. dure laid down in Article 26 of Regulation (EEC) No 2727/75 : Article 8 — to fix a maximum export refund, taking account in This Regulation shall enter into force on the day particular of the criteria laid down in Articles 2 following its publication in the Official Journal of and 3 of Regulation (EEC) No 2746/75, or the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 17 August 1981 .

For the Commission

Poul DALSAGER Member of the Commission

(!) OJ No L 388 , 13 . 12. 1980, p. 1 .

No L 232/ 10 Official Journal of the European Communities 18 . 8 . 81

ANNEX

Weekly tender for the levy/refund for the export of barley to Poland

(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 levy in tonnes in national currency per tonne

1 2 3 4 5 etc.