31984R1604

No L 152/36 Official Journal of the European Communities 8 . 6 . 84

COMMISSION REGULATION (EEC) No 1604/84 of 6 June 1984 opening an invitation to tender for the levy and/or refund for the export of barley to countries of zones I, II (a), III, IV, V, VI, VII (a), VII (c), the German Democratic Republic and the Iberian Peninsula

THE COMMISSION OF THE EUROPEAN with this obligation may be ensured by requiring COMMUNITIES, tenderers to lodge a tendering security of 12 ECU per tonne when they submit their tenders ; Having regard to the Treaty establishing the European Economic Community, Whereas, in order to ensure equal treatment to all concerned, it is necessary to make provision such that Having regard to Council Regulation (EEC) No the periods of validity of licences issued are identical ; 2727/75 of 29 October 1975 on the common organi­ zation of the market in cereals ('), as last amended by Whereas, in order to ensure the smooth operation of Regulation (EEC) No 1451 /82 0, the tendering procedure, it is appropriate to prescribe Having regard to Council Regulation (EEC) No a minimum quantity to be tendered for and a time limit and form for the communication of tenders 2747/75 of 29 October 1975 laying down general rules to be applied in the event of the cereals market being submitted to the competent authorities ; disturbed (3), as last amended by Regulation (EEC) No Whereas the measures provided for in this Regulation 2560/77 (4), and in particular Article 2 (1 ) thereof, are in accordance with the opinion of the Management Having regard to Council Regulation (EEC) No Committee for Cereals, 2746/75 of 29 October 1 975 laying down general rules for granting export refunds on cereals and criteria for fixing the amount of such refunds (*), and in particular HAS ADOPTED THIS REGULATION : Article 5 thereof,

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 1 . Tenders shall be invited for the export levy (EEC) No 2747/75 and/or for - the export refund provided for in the first indent of Article 2 (1 ) of provided for in Article 5 of Regulation (EEC) No Regulation (EEC) No 2747/75 and/or the export 2746/75 ; whereas there is demand for barley on refund provided for in Article 5 of Regulation (EEC) No 2746/75. certain specific markets ; whereas, in order to ensure supply, the invitation to tender for export should be limited to exports to zones I, II (a), III, IV, V, VI, 2. The invitation to tender shall relate to barley for VII (a), VII (c), the German Democratic Republic and export to countries of zones I, 11(a), III, IV, V, VI, the Iberian Peninsula ; VII (a), VII (c), the German Democratic Republic and the Iberian Peninsula, defined in Annex I to Regula­ Whereas the detailed procedural rules governing invi­ tion (EEC) No 1124/77. tations to tender are, as regards the fixing of the export levy, laid down in Commission Regulation (EEC) No 3. The invitation shall remain open until 27 June 3130/73 (6), as amended by Regulations (EEC) No 1985. During this period weekly awards shall be made, 278/75 0 and (EEC) No 771 /75 (8), and, as regards the for which the quantity and the time limits for the fixing of the export refund, in Commission Regulation submission of tenders shall be as prescribed in the notice of invitation to tender. (EEC) No 279/75 (9), as amended by Regulation (EEC) No 2944/78 (l0) ; whereas the commitments on the part of the tenderer include an obligation to lodge an Article 2 application for an export licence ; whereas compliance

A tender shall be valid only if it relates to an amount (') OJ No L 281 , 1 . 11 . 1975, p. 1 . of not less than 1 000 tonnes . 0 OJ No L 164, 14. 6. 1982, p. 1 . P) OJ No L 281 , 1 . 11 . 1975, p. 82. 0 OJ No L 303, 28 . 11 . 1977, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . Article 3 («) OJ No L 319 , 20 . 11 . 1973, p. 10. 0 OJ No L 31 , 5. 2. 1975, p. 7. The security referred to in Article 3 of Regulation 8) OJ No L 77, 26. 3 . 1975, p. 13 . (') OJ No L 31 , 5. 2. 1975, p. 8 . (EEC) No 3130/73 and in Article 3 of Regulation (,0) OJ No L 351 , 15. 12. 1978 , p. 16. (EEC) No 279/75 shall be 12 ECU per tonne.

8 . 6 . 84 No L 152/37 t Official Journal of the European Communities

Article 4 maximum export refund and to any tenderer who has tendered for an export levy. 1 . Notwithstanding Article 21 (1 ) of Regulation (EEC) No 3183/80 ('), export licences issued under Where a minimum export levy is fixed, a contract Article 8 ( 1 ) of Regulation (EEC) No 3130/73 or under shall be awarded to any tenderer whose tender indi­ Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, for cates a rate of levy equal to or greater than such the purpose of determining their period of validity, be minimum export levy. deemed to have been issued on the day on which the tender was submitted. Article 6 2. Export licences issued in connection with the invitation to tender pursuant to this Regulation shall Tenders submitted must reach the Commission be valid from their date of issue, as defined in para­ through the intermediary of Member States at the graph 1 , until the end of the fourth month following that of issue . latest one and a half hours after expiry of the period for the weekly submission of tenders as specified in the notice of invitation to tender. They must be Article 5 communicated in the form indicated in the Annex. 1 . Notwithstanding Article 5 of Regulation (EEC) If no tenders are received, Member States shall inform No 3130/73 and Article 5 of Regulation (EEC) No the Commission of this within the time limit indi­ 279/75, the Commission shall decide, under the cated in the preceding paragraph. procedure laid down in Article 26 of Regulation (EEC) No 2727/75 : — to fix a maximum export refund, taking account in Article 7 particular of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2746/75, or The time limits fixed for the submission of tenders — to fix a minimum export levy, taking account in shall correspond to Belgian time. particular of the criteria laid down in Article 3 ( 1 ) (b) and (d) of Regulation (EEC) No 2747/75, or Article 8 — to make no award .

2. Where a maximum export refund is fixed, a This Regulation shall enter into force on the day contract shall be awarded to any tenderer whose tender following its publication in the Official Journal of the indicates a rate of refund equal to or less than such European Communities.

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

Done at Brussels, 6 June 1984.

For the Commission Poul DALSAGER Member of the Commission

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

No L 152/38 Official Journal of the European Communities 8 . 6 . 84

ANNEX

Weekly tender for the levy and/or refund for the export of barley to countries of zones I, II (a), III, IV, V, VI, VII (a), VII (c), the German Democratic Republic and the Iberian Penin­ sula

(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.