31993R0230

No L 27/20 Official Journal of the European Communities 4. 2. 93

COMMISSION REGULATION (EEC) No 230/93 of 3 February 1993 opening an invitation to tender for the refund for the export of maize to countries of zones I and 111(b)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, tion and the first closing date for the submission of tenders ;

Having regard to the Treaty establishing the European Whereas, in order to ensure the smooth operation of the Economic Community, tendering procedure, it is appropriate to prescribe a minimum quantity to be tendered for and a time limit and form for the communication of tenders submitted to the competent authorities ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) Whereas the measures provided for in this Regulation are No 1738/92 (2), 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 HAS ADOPTED THIS REGULATION : amount of such refunds (3), and in particular Article 5 thereof,

Article 1 Whereas, in view of the current situation on the cereals market, an invitation should be opened in respect of 1 . Tenders shall be invited for the export refund maize to tender for the export refund provided for in provided for in Article 5 of Regulation (EEC) No 2746/75. Article 5 of Regulation (EEC) No 2746/75 ; whereas, in order to ensure supply, the invitation to tender for export 2. The invitation to tender shall relate to maize for should be limited to zones I and 111(b); export to the countries of zones I and III (b) as defined in Annex I to Commission Regulation (EEC) No 2145/92 (6).

Whereas the detailed procedural rules governing invita­ 3. The invitation shall remain open until 27 May 1993. tions to tender are, as regards the fixing of the export During this period weekly awards shall be made, for refund, in Commission Regulation (EEC) No 279/75 (4), as which the quantities and the time limits for the submis­ last amended by Regulation (EEC) No 2788/86 (^ ; sion of tenders shall be as prescribed in the notice of invi­ whereas the commitments on the part of the tenderer tation to tender. include an obligation to lodge an application for an export licence ; whereas compliance with this obligation may be ensured by requiring tenderers to lodge a tende­ Notwithstanding Article 1(2) of Regulation (EEC) No ring security of ECU 12 per tonne when they submit 279/75, the time limit for submission of tenders under their tenders : the first partial invitation to tender shall expire on 18 February 1993 .

Whereas, in order to ensure that all those concerned are treated equally, it is necessary to lay down that the period Article 2 of validity of the licences issued should be identical ; A tender shall be valid only if it related to an amount of not less than 1 000 tonnes. Whereas, since the interested parties are already aware of the terms of the invitation, a derogation may be made from the provisions of Regulation (EEC) No 279/75 on Article 3 the period that must elapse between the date of publica

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . The security referred to in Article 3 of Regulation (EEC) (2) OJ No L 180, 1 . 7. 1992, p. 1 . No 279/75 shall be ECU 12 per tonne. 0 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. f) OJ No L 214, 30. 7. 1992, p. 20.

4. 2. 93 Official Journal of the European Communities No L 27/21

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 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, 3 February 1993.

For the Commission Rene STEICHEN Member of the Commission

(') OJ No L 331 , 2. 12. 1988, p. 1 .

No L 27/22 Official Journal of the European Communities 4. 2. 93

ANNEX

Weekly tender for the refund for the export of maize to countries of zones I and III (b)

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

1 2 3 Number Quantity Amount of export refund of tenderer in tonnes in ecus per tonne

1

2

3

etc .