31987R2829
No L 270/36 Official Journal of the European Communities 23. 9. 87
COMMISSION REGULATION (EEC) No 2829/87 of 22 September 1987 opening an invitation to tender for the refund for the export of feed rye to coun tries of zones I, II, III, IV, V, VI, VII and VIII, the German Democratic Republic and the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES, from the provisions of Regulation (EEC) No 279/75 on the period that must elapse between the date of publica tion and the first closing date for the submission of tenders ; Having regard to the Treaty establishing the European Economic Community, Whereas, in order to ensure the smooth operation of the tendering procedure, it is appropriate to prescribe a minimum quantity to be tendered for and a time limit Having regard to Council Regulation (EEC) No 2727/75 and form for the communication of tenders submitted to of 29 October 1975 on the common organization of the the competent authorities ; market in cereals ('), as last amended by Regulation (EEC) No 1900/87 (2), Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, Having regard to Council Regulation (EEC) No 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 (3), and in particular Article 5 thereof, HAS ADOPTED THIS REGULATION :
Whereas, in view of the current situation on the cereals market, an invitation should be opened in respect of feed Article 1 rye to tender for the export refund provided for in Article 5 of Regulation (EEC) No 2746/75 ; whereas, in order to 1 . Tenders shall be invited for the export refund ensure supply, the invitation to tender for export should provided for in Article 5 of Regulation (EEC) No 2746/75. be limited to zones I, II, III, IV, V, VI, VII and VIII, the German Democratic Republic and the Canary Islands ; 2. The invitation to tender shall relate to feed rye for export to the countries of zones I, II, III, IV, V, VI, VII and VIII, the German Democratic Republic and the Whereas the detailed procedural rules governing invita Canary Islands as defined in Annex I to Commission tions to tender are, as regards the fixing of the export Regulation (EEC) No 11 24/77 (®). refund, in Commission Regulation (EEC) No 279/75 (4), as last amended by Regulation (EEC) No 2788/86 (*) ; whereas the commitments on the part of the tenderer 3. The invitation shall remain open until 17 December include an obligation to lodge an application for an 1987. During this period weekly awards shall be made, for export licence ; whereas compliance with this obligation which the quantities and the time limits for the submis may be ensured by requiring tenderers to lodge a tende sion of tenders shall be as prescribed in the notice of invi tation to tender. ring security of 12 ECU per tonne when they submit their tenders :
Article 2 Whereas, in order to ensure that all those concerned are treated equally, it is necessary to lay down that the period A , , ,, , <■ c 7 • , , « , , f , A tender shall be valid only if it related to an amount of or validity of the licences issued should be identical ; it , not less than 1 000 tonnes .
Whereas, since the interested parties are already aware of Article 3 the terms of the invitation, a derogation may be made
(') OJ No L 281 , 1 . 11 . 1975, p. 1 . The security referred to in Article 3 of Regulation (EEC) (2) OJ No L 182, 3. 7. 1987, p. 40 . No 279/75 shall be 12 ECU per tonne. (3) OJ No L 281 , 1 . 11 . 1975, p. 78 . 0 OJ No L 31 , 5. 2. 1975, p. 8 . 0 OJ No L 257, 10 . 9. 1986, p. 32. 0 OJ No L 134,. 28 . 5. 1977, p. 53.
23 . 9 . 87 Official Journal of the European Communities No L 270/37
Article4¶
1 . Notwithstanding Article 21 ( 1 ) of Commission Regulation (EEC) No 3183/80 ('), export licences issued Tenders submitted must reach the Commission through under Article 8 (1 ) of Regulation (EEC) No 279/75 shall, the intermediary Member States, at the latest one and a for the purpose of determining their period of validity, be half hours after expiry of the period for the weekly deemed to have been issued on the day on which the submission of tenders as specified in the notice of invita tender was submitted . tion to tender. They must be communicated in the form indicated in the Annex. 2. Export licences issued in connection with the invita tion to tender pursuant to this Regulation shall be valid If no tenders are received, Member States shall inform the from their date of issue, as defined in paragraph 1 , until Commission of this within the time limit indicated in the the end of the fourth month following that of issue. preceding paragraph. Article 5
1 . Notwithstanding Article 5 of Regulation (EEC) No Article 7 279/75, the Commission shall decide, under the proce dure laid down in Article 26 of Regulation (EEC) No 2727/75 : The time limits fixed for the submission of tenders shall correspond to Belgian time. — to fix a maximum export refund, taking account in particular of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2746/75, or — to make no award. Article 8
2. Where a maximum export refund is fixed, a contract shall be awarded to any tenderer whose tender indicates a This Regulation shall enter into force on the day rate of refund equal to or less than such maximum export following its publication in the Official Journal of the refund. European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 22 September 1987.
For the Commission Frans ANDRIESSEN Vice-President
(>) OJ No L 33.8 , 13 . 12. 1980, p. 1 .
No L 270/38 Official Journal of the European Communities 23 . 9 . 87
ANNEX
weekly tender for the refund for the export of feed rye to countries of zones I, II, III, IV, V, VI, VII and VIII, the German Democratic Republic and the Canary Islands
(Closing date for the submission of tenders (date/time))
1 2 3 Number Quantity Amount of export refund of tenderer in tonnes in ECU per tonne
1
2
3
etc .
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