31988R2472
No L 213/ 13 6 . 8 . 88 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 2472/88 of 5 August 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
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 2. The invitation to tender shall relate to barley for export to countries of zones I, II, III, IV, V, VI, VII and Having regard to the Treaty establishing the European VIII, the German Democratic Republic and the Canary Economic Community, Islands, defined in Annex I to Commission Regulation Having regard to Council Regulation (EEC) No 2727/75 (EEC) No 11 24/77 («). of 29 October 1975 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) 3. The invitation shall remain open until 25 May 1989 . No 2221 /88 0, During this period weekly awards shall be made, for Having regard to Council Regulation (EEC) No 2746/75 which the quantity and the time limits for the submission of 29 October 1975 laying down general rules for granting of tenders shall be as prescribed in the notice of invitation to tender. export refunds on cereals and criteria for fixing the amount of such refunds (3), and in particular Article 5 thereof, By way of derogation from Article 1 (2) of Regulation (EEC) No 279/75, the time lipiit for submission of Whereas, in view of the current situation on the cereals tenders under the first partial invitation to tender shall market, an invitation should be opened in respect of expire on 11 August 1988 . barley to tender for the export refund provided for in Article 5 of Regulation (EEC) No 2746/75 ; whereas there is demand for barley on certain specific markets ; whereas, Article 2 in order to ensure supply, the invitation to tender for export should be limited to exports to zones I, II, III, IV, A tender shall be valid only if it relates to an amount' of not less than 1 000 tonnes . V, VI, VII and VIII, the German Democratic Republic and the Canary Islands ; Whereas the detailed procedural rules governing invita Article 3 tions to tender are, as regards the fixing of the export refund, laid down by Commission Regulation (EEC) No The security referred to in Article 3 of Regulation (EEC) 279/75 (4), as last amended by Regulation (EEC) No No 279/75 shall be 12 ECU per tonne. 2788/86 (*) ; whereas the commitments on the part of the tenderer include an obligation to lodge an application for Article 4 an export licence ; whereas compliance with this obliga tion may be ensured by requiring tenderers to lodge a 1 . Notwithstanding Article 21 ( 1 ) of Commission tendering security of 12 ECU per tonne when they Regulation (EEC) No 3183/80 Q, export licences issued submit their tenders ; pursuant to Article 8 ( 1 ) of Regulation (EEC) No 279/75 Whereas, in order to ensure equal treatment to all shall, for the purpose of determining their period of vali concerned, it is necessary to make provision such that the dity, be deemed to have been issued on the day on which periods of validity of licences issued are identical ; ' the tender was submitted. Whereas, in order to ensure the smooth operation of the 2. Export licences issued in connection with the invita tendering procedure, it is appropriate to prescribe a tion to tender pursuant to this Regulation shall be valid minimum quantity to be tendered for and a time limit from their date of issue, as defined in paragraph 1 , until and form for the communication of tenders submitted to the end of the fourth month following that of issue. the competent authorities ; Whereas the measures provided for in this Regulation are Article 5 in accordance with the opinion of the Management Committee for Cereals, 1 . Notwithstanding Article 5 of Regulation (EEC) No HAS ADOPTED THIS REGULATION : 279/75, the Commission shall decide, under the proce dure laid down in Article 26 of Regulation (EEC) No Article 1 2727/75 : 1 . Tenders shall be invited for the export refund — to fix a maximum export refund, taking account in provided for in Article 5 of Regulation (EEC) No 2746/75. 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 197, 26. 7. 1988 , p. 16. 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . (4) OJ No L 31 , 5. 2: 1975, p. 8 . («) OJ No L 134, 28 . 5. 1977, p. 53 . 0 OJ No L 257, 9 . 9 . 1986, p. 32. 0 OJ No L 338, 13 . 12. 1980, p. 1 .
6. 8 . 88 No L 213/ 14 Official Journal of the European Communities
2. Where a maximum export refund is fixed, a contract . If no tenders are received, Member States shall inform the Commission of this within the time limit indicated in the * shall be awarded to any tenderer whose tender indicates a 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, 5 August 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
(Closing date for the submission of tenders (date/time))
1 2 3
Number of tenderer Quantity Amount of export refund in tonnes in ECU per' tonne
1 2 ll 3 I 4 l 5 \ etc. I