31988R3575

18 . 11 . 88 No L 312/ 10 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3575/88 of 17 November 1988 opening an invitation to tender for the refund for the export of maize to countries of zones I, II, excluding the Soviet Union, III, excluding the Soviet Union, 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 Having regard to the Treaty establishing the European tenders ; Economic Community, Whereas, in order to ensure the smooth operation of the tendering procedure, it is appropriate to prescribe a Having regard to Council Regulation (EEC) No 2727/75 minimum quantity to be tendered for and a time limit of 29 October 1975 on the common organization of the and form for the communication of tenders submitted to market in cereals ('), as last amended by Regulation (EEC) the competent authorities ; No 2221 /88 (2), Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Having regard to Council Regulation (EEC) No 2746/75 Committee for Cereals, 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 Article 1 maize to tender for the export refund provided for in Article 5 of Regulation (EEC) No 2746/75 ; whereas, in order to ensure supply, the invitation to tender for export 1 . Tenders shall be invited for the export refund should be limited to zones I, II, excluding the Soviet provided for in Article 5 of Regulation (EEC) No 2746/75. Union, III, excluding the Soviet Union, IV, V, VI, VII and VIII, the German Democratic Republic and the Canary 2. The invitation to tender shall relate to maize for Islands ; export to the countries of zones I, II, excluding the Soviet Union, III, excluding the Soviet Union, IV, V, VI, VII and VIII, the German Democratic Republic and the Canary Whereas the detailed procedural rules governing invita­ Islands as defined in Annex I to Commission Regulation tions to tender are, as regards the fixing of the export (EEC) No 11 24/77 refund, in Commission Regulation (EEC) No 279/75 (4), as last amended by Regulation (EEC) No 2788/86 (*) ; 3. The invitation shall remain open until 25 May 1989. whereas the commitments on the part of the tenderer During this period weekly awards shall be made, for include an obligation to lodge an application for an which the quantities and the time limits for the submis­ export licence ; whereas compliance with this obligation sion of tenders shall be as prescribed in the notice of invi­ may be ensured by requiring tenderers to lodge a tende­ 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 tender shall be valid only if it related to an amount of of validity of the licences issued should be identical ; 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

The security referred to in Article 3 of Regulation (EEC) (') OJ No L 281 , 1 . 11 . 1975, p. 1 . No 279/75 shall be 12 ECU per tonne . (2) OJ No L 197, 26. 7. 1988, p. 16. (3) OJ No L 281 , 1 . 11 . 1975, p. 78. («) OJ No L 31 , 5. 2. 1975, p. 8. M OJ No L 257, 10. 9. 1986, p. 32. (6) OJ No L 134, 28 . 5. 1977, p. 53.

18 . 11 . 88 Official Journal of the European Communities No L 312/ U

Article4¶

1 . Notwithstanding Article 21 (1 ) of Commission Tenders submitted must reach the Commission through Regulation (EEC) No 3183/80 ('), export licences issued the intermediary Member States, at the latest one and a under Article 8 ( l)~of Regulation (EEC) No 279/75 shall, half hours after expiry of the period for the weekly for the purpose of determining their period of validity, be submission of tenders as specified in the notice of invita­ deemed to have been issued on the day on which the 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.

Article5¶

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, 17 November 1988 .

For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 338, 13. 12. 1980, p. 1 .

No L 312/ 12 18 . 11 . 88 Official Journal of the European Communities

ANNEX

Weekly tender for the refund for the export of maize to countries of zones I, II, excluding the Soviet Union, III, excluding the Soviet Union, 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.