31993R1279
28 . 5. 93 No L 131 / 19 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 1279/93 of 27 May 1993 opening an invitation to tender for the refund for the export of barley to all third countries
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 Having regard to the Treaty establishing the European tion and the first closing date for the submission of Economic Community, tenders ;
Having regard to Council Regulation (EEC) No 2727/75 Whereas, in order to ensure the smooth operation of the of 29 October 1975 on the common organization of the tendering procedure, it is appropriate to prescribe a market in cereals ('), as last amended by Regulation (EEC) minimum quantity to be tendered for and a time limit No 1738/92 (2), and form for the communication of tenders submitted to the competent authorities ; Having regard to Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for granting Whereas the measures provided for in this Regulation are export refunds on cereals and criteria for fixing the in accordance with the opinion of the Management amount of such refunds (3), and in particular Article 5 Committee for Cereals, thereof,
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 HAS ADOPTED THIS REGULATION : Article 5 of Regulation (EEC) No 2746/75 ;
Whereas the detailed procedural rules governing invita Article 1 tions to tender are, as regards the fixing of the export refund, in Commission Regulation (EEC) No 279/75 (4), as 1 . Tenders shall be invited for the export refund last amended by Regulation (EEC) No 2788/86 (5); provided for in Article 5 of Regulation (EEC) No 2746/75. whereas the commitments on the part of the tenderer include an obligation to lodge an application for an export licence ; whereas compliance with this obligation 2. The tendering procedure shall concern barley for may be ensured by requiring tenderers to lodge a ten export to all third countries, provided successful tenderers dering security of ECU 12 per tonne when they submit comply with the measures provided for in the regulation their tenders ; laying down detailed rules of application for the grant of export refunds, which will enter into force on 1 July Whereas it is necessary to specify the exact duration of 1993 . validity of the licences issued under this tendering pro cedure ; whereas the period of validity must correspond to 3. The invitation shall remain open until 26 May 1994. the current requirements of the world market ; During this period weekly awards shall be made, for which the quantities and the time limits for the submis Whereas on 1 July 1993 a new regulation will enter into sion of tenders shall be as prescribed in the notice of invi force laying down detailed rules of application for the tation to tender. grant of export refunds and measures to be taken in the event of disturbances in the cereals sector ; whereas By way of derogation from Article 1 (2) of Regulation successful tenderers must, when carrying out export (EEC) No 279/75, the time limit for submission of operations from 1 July onwards, comply with the new tenders under the first partial invitation to tender shall measures concerning proof of arrival at destination which expire on 3 June 1993 . will enter into force on that date ;
Whereas, in order to ensure that all those concerned are Article 2 treated equally, it is necessary to lay down that the period of validity of the licences issued should be identical ; A tender shall be valid only if it related to an amount of Whereas, since the interested parties are already aware of not less than 1 000 tonnes . the terms of the invitation, a derogation may be made
(>) OJ No L 281 , 1 . 11 . 1975, p. 1 . Article 3 (2) OJ No L 180, 1 . 7. 1992, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 78. 0 OJ No L 31 , 5. 2. 1975, p. 8 . The security referred to in Article 3 of Regulation (EEC) 0 OJ No L 257, 10. 9. 1986, p. 32. No 279/75 shall be ECU 12 per tonne.
No L 131 /20 Official Journal of the European Communities 28 . 5 . 93
Article 4 rate of refund equal to or less than such maximum export refund. 1 . Notwithstanding Article 21 (1 ) of Commission Regulation (EEC) No 3719/88 ('), export licences issued under Article 8 (1 ) of Regulation (EEC) No 279/75 shall, Article 6 for the purpose of determining their period of validity, be deemed to have been issued on the day on which the Tenders submitted must reach the Commission through tender was submitted. the intermediary Member States, at the latest one and a half hours after expiry of the period for the weekly 2. Export licences issued in connection with the invita submission of tenders as specified in the notice of invita tion to tender pursuant to this Regulation shall be valid tion to tender. They must be communicated in the form from their date of issue, as defined in paragraph 1 , until indicated in Annex I, to the telex or telefax numbers in the end of the fourth month following that of issue. Annex II. Licences issued before 1 July 1993, however, may only be used from that date. If no tenders are received, Member States shall inform the Commission of this within the time limit indicated in the Article 5 preceding paragraph .
1 . Notwithstanding Article 5 of Regulation (EEC) No Article 7 279/75, the Commission shall decide, under the pro cedure laid down in Article 26 of Regulation (EEC) No The time limits fixed for the submission of tenders shall 2727/75 : 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 Article 8 — to make no award. This Regulation shall enter into force on the day 2. Where a maximum export refund is fixed, a contract following its publication in the Official Journal of the shall be awarded to any tenderer whose tender indicates a European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 27 May 1993 .
For the Commission Rene STEICHEN Member of the Commission
(') OJ No L 331 , 2. 12. 1988, p. 1 .
28 . 5. 93 Official Journal of the European Communities No L 131 /21
ANNEX I
Weekly tender for the refund for the export of barley to all third countries
(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.
ANNEX II
The only numbers to use to call Brussels (DG VI-C-1 (Attention : Messrs Thibault and Brus)) are : — telex : 22037 AGREC B 22070 AGREC B (Greek characters) — telefax : — 295 01 32, — 295 25 15, — 296 10 97.