31989R2709
8 . 9 . 89 Official Journal of the European Communities No L 262/ 15
COMMISSION REGULATION (EEC) No 2709/89 of 7 September 1989 opening an invitation to tender for the refund for the export of rye to countries of zones I, II, fll, IV, V, VI, VII and VIII , the German Democratic Republic and the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 the Treaty establishing the European and form for the communication of tenders submitted to Economic Community, the competent authorities ;
Having regard to Council Regulation (EEC) No 2727/75 Whereas the measures provided for in this Regulation are of 29 October 1975 on the common organization of the in accordance with the opinion of the Management market in cereals (l), as last amended by Regulation (EEC) Committee for Cereals, , No 1834/89 (2),
Having regard to Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for granting HAS ADOPTED THIS REGULATION : export refunds on cereals and criteria for fixing the amount of such refunds (3), and in particular Article 5 thereof, Article 1
Whereas, in view of die current situation on the cereals 1 . Tenders shall be invited for the export refund market, an invitation should be opened in respect of rye provided for in Article 5 of Regulation (EEC) No 2746/75. to tender for the export refund provided for in Article 5 of Regulation (EEC) No 2746/75 ; whereas, in order to 2. The invitation to tender shall relate to rye for export ensure supply, the invitation to tender for export should to the countries of zones I, II, III, IV, V, VI, VII and VIII, be limited to zones I, II, III, IV, V, VI, VII and VIII, the the German Democratic Republic and the Canary Islands German Democratic Republic and the Canary Islands ; as defined in Annex I to Commission Regulation (EEC) No 11 24/77 (6). Whereas the detailed procedural rules governing invita tions to tender are, as regards the fixing of the export 3. The invitation shall remain open until 1 June 1990 . refund, in Commission Regulation (EEC) No 279/75 (4), as During this period weekly awards shall be made, for last amended by Regulation (EEC) No 2788/86 (*) ; which the quantities and the time limits for the submis whereas the commitments on the part of the tenderer sion of tenders shall be as prescribed in the notice of invi include an obligation to lodge an application for an tation to tender. export licence ; whereas compliance with this obligation may be ensured by requiring tenderers to lodge a tende By way of derogation from Article 1 (2) of Regulation ring security of 12 ECU per tonne when they submit (EEC) No 279/75, the timelimit for submission of tenders their tenders ; under the first partial invitation to tender shall expire on 14 September 1989 . Whereas, in order to ensure that all those concerned are treated equally, it is necessary to lay down that the period of validity of the licences issued should be identical ; Article 2
Whereas, since the interested parties are already aware of A tender shall be valid only if it related to an amount of the terms of the invitation, a derogation may be made not less than 1 000 tonnes. 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 : Article 3
(') OJ No L 281 , 1 . 11 . 1975, p. 1 . The security referred to in Article 3 of Regulation (EEC) 0 OJ No L 180, 27. 6. 1989, p. 1 . No 279 /75 shall be 12 ECU per tonne. (') OJ No L 281 , 1 . 11 . 1975, p. 78 . (4) OJ No L 31 , 5. 2. 1975, p. 8 . 0 OJ No L 257, 10. 9. 1986, p. 32. (6) OJ No L 134, 28 . 5 . 1977, p. 53 .
No L 262/ 16 Official Journal of the European Communities 8 . 9 . 89
Article4¶
1 . Notwithstanding Article 21 ( 1 ) of Commission Regulation (EEC) No 3719/88 ('), 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 third 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, 7 September 1989.
For the Commission Ray MAG SHARRY Member of the Commission
(>) OJ No L 331 , 2. 12. 1988, p. 1 .
8 . 9 . 89 Official Journal of the European Communities No L 262/ 17
ANNEX
Weekly tender for the refund for the export of 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.