31994R1081

11 . 5. 94 Official Journal of the European Communities No L 120/21

COMMISSION REGULATION (EC) No 1081 /94 of 10 May 1994 opening an invitation to tender for the refund for the export of barley to all third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the European Article 1 Community, 1 . Tenders shall be invited for the export refund provided for in Article 5 of Regulation (EEC) No 1533/93. Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the 2. The tendering procedure shall concern barley for market in cereals ('), as amended by Regulation (EEC) No export to all third countries. 2193/93 (2), 3. The invitation shall remain open until 18 May 1995. Having regard to Council Regulation (EEC) No 1533/93 During this period weekly awards shall be made, for of 22 June 1993 laying down certain detailed rules under which the quantities and the time limits for the submis­ Council Regulation (EEC) No 1766/92 on the granting of sion of tenders shall be as prescribed in the notice of invi­ tation to tender. export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), as amended by Commission Regulation (EC) No 120/94 (4), Article 2 and in particular Article 5 (2) thereof, A tender shall be valid only if it related to an amount of not less than 1 000 tonnes . 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 Article 3 Article 5 of Regulation (EEC) No 1 533/93 ; The security referred to in Article 6 of Regulation (EEC) No 1533/93 shall be ECU 12 per tonne. Whereas the detailed procedural rules governing invita­ tions to tender are, as regards the fixing of the export Article 4 refund, in Commission Regulation (EEC) No 1 533/93 ; whereas the commitments on the part of the tenderer 1 . Notwithstanding Article 21 (1 ) of Commission include an obligation to lodge an application for an Regulation (EEC) No 3719/88 (*), export licences issued export licence ; whereas compliance with this obligation under Article 9 ( 1 ) of Regulation (EEC) No 1533/93 shall, may be ensured by requiring tenderers to lodge a ten­ for the purpose of determining their period of validity, be dering security of ECU 12 per tonne when they submit deemed to have been issued on the day on which the their tenders ; tender was submitted.

Whereas it is necessary to specify the exact duration of 2. Export licences issued in connection with the invita­ validity of the licences issued under this tendering pro­ tion to tender pursuant to this Regulation shall be valid cedure ; whereas the period of validity must correspond to from their date of issue, as defined in paragraph 1 , until the current requirements of the world market ; the end of the fourth month following that of issue. Licences issued before 1 July 1993, however, may only be Whereas, in order to ensure that all those concerned are used from that date . treated equally, it is necessary to lay down that the period of validity of the licences issued should be identical ; Article 5 Whereas, in order to ensure the smooth operation of the 1 . The Commission shall decide, under the procedure tendering procedure, it is appropriate to prescribe a laid down in Article 26 of Regulation (EEC) No 1766/92 : minimum quantity to be tendered for and a time limit and form for the communication of tenders submitted to — to fix a maximum export refund, taking account in particular of the criteria laid down in Article 2 of the competent authorities ; Regulation (EEC) No 1533/93, or — to make no award . Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management 2. Where a maximum export refund is fixed, a contract Committee for Cereals, shall be awarded to any tenderer whose tender indicates a rate of refund equal to or less than such maximum export (') OJ No L 181 , 1 . 7. 1992, p. 21 . refund. 2) OJ No L 196, 5. 8 . 1993, p. 22. (3) OJ No L 151 , 23 . 6. 1993, p. 15. 0 OJ No L 21 , 26. 1 . 1994, p. 1 . (5) OJ No L 331 , 2. 12. 1988, p. 1 .

No L 120/22 Official Journal of the European Communities 11 . 5. 94

Article6¶

Tenders submitted must reach the Commission through The time limits fixed for the submission of tenders shall the intermediary Member States, at the latest one and a correspond to Belgian time. half hours after expiry of the period for the weekly submission of tenders as specified in the notice of invita­ tion to tender. They must be communicated in the form indicated in Annex I, to the telex or telefax numbers in Article 8 Annex II.

If no tenders are received, Member States shall inform the This Regulation shall enter into force on the day Commission of this within the time limit indicated in the following its publication in the Official Journal of the preceding paragraph. European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 10 May 1994.

For the Commission Rene STEICHEN Member of the Commission

11 . 5. 94 Official Journal of the European Communities No L 120/23

ANNEX I

Weekly tender for the refund for the export of barley to all third countries

(Regulation (EC) No 1081 /94)

(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 .