31988R1334

No L 124/9 18 . 5 . 88 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1334/88 of 17 May 1988 opening an invitation to tender for the refund for the export of barley to countries of zones I, II, III, IV, V, VI, VII and VIII, the German Democratic Republic and the Canary Islands

HAS ADOPTED THIS REGULATION : THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Article 1 Having regard to the Treaty establishing the European 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, III, IV, V, VI, VII and No 1097/88 (2), VIII, the German Democratic Republic and the Canary Islands, defined in Annex I to Commission Regulation Having regard to Council Regulation (EEC) No 2746/75 (EEC) No 11 24/77 (6). of 29 October 1975 laying down general rules for granting export refunds on cereals and criteria for fixing the 3 . The invitation shall remain open until 25 May 1989. amount of such refunds (3), and in particular Article 5 During this period weekly awards shall be made, for thereof, ' which the quantity and the time limits for the submission 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 barley to tender for the export refund provided for in Article 2 Article 5 of Regulation (EEC) No 2746/75 ; whereas there is demand for barley on certain specific markets ; whereas, A tender shall be valid only if it relates to an amount of in order to ensure supply, the invitation to tender for not less than 1 000 tonnes . export should be limited to exports to zones I, II, III, IV, V, VI, VII and VIII, the German Democratic Republic Article 3 and the Canary Islands ; The security referred to in Article 3 of Regulation (EEC) Whereas the detailed procedural rules governing invita­ No 279/75 shall be 12 ECU per tonne. tions to tender are, as regards the fixing of the export refund, laid down by Commission Regulation (EEC) No Article 4 279/75 (4), as amended by Regulation (EEC) No 2944/78 Is) ; whereas the commitments on the part of the 1 . Notwithstanding Article 21 (1 ) of Commission tenderer include an obligation to lodge an application for Regulation (EEC) No 3183/80 0, export licences issued an export licence ; whereas compliance with this obliga­ pursuant to Article 8 (1 ) of Regulation (EEC) No 279/75 tion may be ensured by requiring tenderers to lodge a shall, for the purpose of determining their period of vali­ tendering security of 12 ECU per tonne when they dity, be deemed to have been issued on the day on which submit their tenders ; the tender was submitted.

2. Export licences issued in connection with the invita­ Whereas, in order to ensure equal treatment to all tion to tender pursuant to this Regulation shall be valid concerned, it is necessary to make provision such that the from their date of issue, as defined in paragraph 1 , until periods of validity of licences issued are identical ; the end of the fourth month following that of issue. Whereas, in order to ensure the smooth operation of the Article 5 tendering procedure, it is appropriate to prescribe a minimum quantity to be tendered for and a time limit 1 . Notwithstanding Article 5 of Regulation (EEC) No and form for the communication of tenders submitted to 279/75, the Commission shall decide, under the proce­ the competent authorities ; 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 — to make no award. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 110, 29. 4. 1988, p. 7. (3) OJ No L 281 , 1 . 11 . 1975, p. 78 . («) OJ No L 134, 28 . 5. 1977, p. 53. (<) OJ No L 31 , 5. 2. 1975, p. 8 . 0 OJ No L 338 , 13 . 12. 1980, p. 1 . 0 OJ No L 351 , 15. 12. 1978, p. 16.

No L 124/ 10 Official Journal of the European Communities 18 . 5 . 88

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, 17 May 1988 .

For the Commission Frans ANDRIESSEN Vice-President

ANNEX

Weekly tender for the refund for the export of barley to countries of zones I, II, III, IV, V, VI, VII and VIII, the German Democratic Republic and the Canary Islands

Regulation .(EEC) No 1334/88

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

1 2 3

Quantity Amount of export refund Number of tenderer in tonnes in ECU per tonne l

1 2 IIl 3 \ 4 I 5 etc. I