31986R1509

21 . 5 . 86 Official Journal of the European Communities No L 132/9

COMMISSION REGULATION ( EEC) No 1509/ 86 of 20 May 1986 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 COMMUNITIES , HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the European Article 1 Economic Community, 1 . Tenders shall be invited for the export refund provided for in Article 5 of Regulation (EEC) No 2746/75. Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the 2. The invitation to tender shall relate to barley for market in cereals ('), as last amended by Regulation (EEC) export to countries of zones I, II a), III, IV, V, VI, VII a), No 1355/86 (2), VII c) and the German Democratic Republic, defined in Annex I to Commission Regulation (EEC) No 1124/77 (6). Having regard to Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for granting 3 . The invitation shall remain open until 28 May 1987. export refunds on cereals and criteria for fixing the During this period weekly awards shall be made, for amount of such refunds (■*), and in particular Article 5 which the quantity and the time limits for the submission thereof, of tenders shall be as prescribed in the notice of invitation to tender. Whereas , in view of the current situation on the cereals market, an invitation should be opened in respect of Article 2 barley to tender for the export refund provided for in Article 5 of Regulation (EEC) No 2746/75 ; whereas there A tender shall be valid only if it relates to an amount of is demand for barley on certain specific markets ; whereas, not less than 1 000 tonnes . in order to ensure supply, the invitation to tender for export should be limited to exports to zones I, II a), III, Article 3 IV, V, VI , VII a), VII c) and the German Democratic Republic ; The security referred to in Article 3 of Regulation (EEC) No 279/75 shall be 12 ECU per tonne. Whereas the detailed procedural rules governing invita­ tions to tender are, as regards the fixing of the export Article 4 refund, in Commission Regulation (EEC) No 279/75 (4), as amended by Regulation (EEC) No 2944/78 (5) ; whereas 1 . Notwithstanding Article 21 ( 1 ) of Commission the commitments on the part of the tenderer include an Regulation (EEC) No 3183/80 (J), export licences issued obligation to lodge an application for an export licence ; under Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, whereas compliance with this obligation may be ensured for the purpose of determining their period of validity, be by requiring tenderers to lodge a tendering security of 12 deemed to have been issued on the day on which the ECU per tonne when they submit their tenders ; tender was submitted .

Whereas , in order to ensure equal treatment to all 2. Export licences issued in connection with the invita­ concerned, it is necessary to make provision such that the tion to tender pursuant to this Regulation shall be valid periods of validity of licences issued are identical ; from their date of issue, as defined in paragraph 1 , until the end of the fourth month following that of issue. Whereas , in order to ensure the smooth operation of the tendering procedure, it is appropriate to prescribe a Article 5 minimum quantity to be tendered for and a time limit and form for the communication of tenders submitted to 1 . Notwithstanding Article 5 of Regulation (EEC) No the competent authorities ; 279/75, the Commission shall decide, under the proce­ dure laid down in Article 26 of Regulation (EEC) No 2727/75 : Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management — to fix a maximum export refund, taking account in Committee for Cereals, particular of the criteria laid down in Articles 2 and 3 of Regulation ( EEC) No 2746/75, or (') OJ No L 281 , 1 . 11 . 1975, p. 1 . — to make no award . (2) OJ No L 118 , 7 . 5 . 1986, p. 1 . (3) 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 338 , 13 . 12 . 1980, p. 1 .

No L 132/ 10 Official Journal of the European Communities 21 . 5 . 86

2. Where a maximum export refund is fixed, a contract If no tenders are received, Member States shall inform the shall be awarded to any tenderer whose tender indicates a Commission of this within the time limit indicated in the rate of refund equal to or less than such maximum export preceding paragraph . refund . Article 7 Article 6 The time limits fixed for the submission of tenders shall correspond to Belgian time . Tenders submitted must reach the Commission through the intermediary of Member States at the latest one and a Article 8 half hours after expiry of the period for the weekly submission of tenders as specified in the notice of invita­ This Regulation shall enter into force on the day tion to tender. They must be communicated in the form following its publication in the Official Journal of the indicated in the Annex . European Communities.

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

Done at Brussels, 20 May 1986. For the Commission Frans ANDRIESSEN Vice-President

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 5 etc .