31985R1392

29 . 5 . 85 Official Journal of the European Communities No L 140/ 13

COMMISSION REGULATION (EEC) No 1392/85 of 28 May 1985 opening an invitation to tender for the refund for the export of barley to countries of zones I , II a), III , IV, V, VI, VII a), VII c) and the German Democratic Republic

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the opinion of the Management Committee for Cereals, Having regard to the Treaty establishing the European Economic Community, HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organi­ Article 1 zation of the market in cereals ('), as last amended by Regulation (EEC) No 1018/84 (2), 1 . Tenders shall be invited for the export refund provided for in Article 5 of Regulation (EEC) No Having regard to Council Regulation (EEC) No 2746/75. 2746/75 of 29 October 1975 laying down general rules for granting export refunds on cereals and criteria for 2. The invitation to tender shall relate to barley for fixing the amount of such refunds (3), and in particular export to countries of zones I, II a), III, IV, V, VI, Article 5 thereof, VII a), VII c) and the German Democratic Republic, defined in Annex I to Regulation (EEC) No Whereas, in view of the current situation on the 1124/77 (% cereals market, an invitation should be opened in 3 . The invitation shall remain open until 26 June respect of barley to tender for the export refund provided for in Article 5 of Regulation (EEC) No 1986. During this period weekly awards shall be made, for which the quantity and the time limits for the 2746/75 ; whereas there is demand for barley on submission of tenders shall be as prescribed in the certain specific markets ; whereas, in order to ensure notice of invitation to tender . supply, the invitation to tender for export should be limited to exports to zones I, II a), III, IV, V, VI, VII a), VII c) and the German Democratic Republic ; Article 2

Whereas the detailed procedural rules governing invi­ A tender shall be valid only if it relates to an amount tations to tender are, as regards the fixing of the export of not less than 1 000 tonnes. refund, in Commission Regulation (EEC) No 279/75 (4), as amended by Regulation (EEC) No Article 3 2944/78 (*) ; whereas the commitments on the part of the tenderer include an obligation to lodge an applica­ The security referred to in Article 3 of Regulation tion for an export licence ; whereas compliance with (EEC) No 279/75 shall be 12 ECU per tonne. this obligation may be ensured by requiring tenderers to lodge a tendering security of 12 ECU per tonne when they submit their tenders ; Article 4

1 . Notwithstanding Article 21 ( 1 ) of Regulation Whereas, in order to ensure equal treatment to all (EEC) No 3183/ 80 (J), export licences issued under concerned, it is necessary to make provision such that Article 8 (1 ) of Regulation (EEC) No 279/75 shall, for the periods of validity of licences issued are identical ; the purpose of determining their period of validity, be deemed to have been issued on the day on which the Whereas, in order to ensure the smooth operation of tender was submitted . the tendering procedure, it is appropriate to prescribe a minimum quantity to be tendered for and a time 2. Export licences issued in connection with the limit and form for the communication of tenders invitation to tender pursuant to this Regulation shall submitted to the competent authorities ; be valid from their date of issue, as defined in para­ graph 1 , until the end of the fourth month following that of issue . (') OJ No L 281 , 1 . 11 . 1975 , p. 1 . (2) OJ No L 107, 19 . 4. 1984, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . (4) OJ No L 31 , 5. 2. 1975, p. 8 . (6) OJ No L 134, 28 . 5. 1977, p. 53 . 0 OJ No L 351 , 15. 12. 1978 , p. 16 . 0 OJ No L 388 , 13 . 12. 1980, p . 1 .

No L 140/ 14 29 . 5 . 85 Official Journal of the European Communities

Article 5 for the weekly submission of tenders as specified in the notice of invitation to tender. They must be 1 . Notwithstanding Article 5 of Regulation (EEC) communicated in the form indicated in the Annex. No 279/75, the Commission shall decide, under the procedure laid down in Article 26 of Regulation (EEC) If no tenders are received, Member States shall inform No 2727/75 : the Commission of this within the time limit indi­ — to fix a maximum export refund, taking account in cated in the preceding paragraph. particular of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2746/75, or — to make no award . Article 7

2. Where a maximum export refund is fixed, a The time limits fixed for the submission of tenders contract shall be awarded to any tenderer whose tender shall correspond to Belgian time. indicates a rate of refund equal to or less than such maximum export refund.

Article8¶

Tenders submitted must reach the Commission This Regulation shall enter into force on the day through the intermediary of Member States at the following its publication in the Official Journal of the latest one and a half hours after expiry of the period European Communities.

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

Done at Brussels, 28 May 1985. For the Commission Frans ANDRIESSEN Vice-President

29 . 5 . 85 No L 140/ 15 Official Journal of the European Communities

ANNEX

Weekly tender for the refund for the export of barley to countries of zones I, II a), III, IV, V, VI, VII a), VII c) and the German Democratic Republic

(Closing date for the submission of tenders (date/time))

1 2 3

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

1 2 3 4 l 5 II

etc.