CELEX: 31981R1603
Language: en
Date: 1981-06-17 00:00:00
Title: Commission Regulation (EEC) No 1603/81 of 16 June 1981 opening an invitation to tender for the levy and/or refund for the export of common wheat to countries of Zone IV

17. 6. 81                              Official Journal of the European Communities                           No L 159/ 13
                                   COMMISSION REGULATION (EEC) No 1603/81
                                                        of 16 June 1981
              opening an invitation to tender for the levy and/or refund for the export of
                                           common wheat to countries of Zone IV
THE COMMISSION OF THE EUROPEAN                                    security of 12 ECU per tonne when they submit their
COMMUNITIES,                                                      tenders ;
Having regard to the Treaty establishing the European             Whereas, in order to ensure equal treatment to all
Economic Community,                                               concerned, it is necessary to make provision such that
Having regard to Council Regulation (EEC) No                      the periods of validity of licences issued are identical ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals (1), as last amended by             Whereas, in order to ensure the smooth operation of
the Act of Accession of Greece (2),                               the tendering procedure, it is appropriate to prescribe
                                                                  a minimum quantity to be tendered for and a time
Having regard to Council Regulation (EEC) No                      limit and form for the communication of tenders
2747/75 of 29 October 1975 laying down general                    submitted to the competent authorities ;
rules to be applied in the event of the cereals market
being disturbed (3), as last amended by Regulation                Whereas the measures provided for in this Regulation
(EEC) No 2560/77 (4), and in particular Article 2 ( 1 )           are in accordance with the opinion of the Manage­
thereof,                                                          ment 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 amount of such refunds (5), and           HAS ADOPTED THIS REGULATION :
in particular Article 5 thereof,
Whereas, in view of the current situation on the                                           Article 1
cereals market, an invitation should           be opened in
respect of common wheat to tender              for the export
levy provided for in the first indent of       Article 2 ( 1 ) of  1 . Tenders shall be invited for the export levy
Regulation (EEC) No 2747/75 and/or             for the export      provided for in the first indent of Article 2 ( 1 ) of Regu­
refund provided for in Article 5 of Regulation (EEC)               lation (EEC) No 2747/75 and/or the export refund
No 2746/75, whereas there is demand for common                     provided for in Article 2 of Regulation (EEC) No
                                                                   2746/75 .
wheat on certain specific markets ; whereas, in order
to ensure supply, the invitation to tender for export
should be limited to Zone IV ;                                     2.    The invitation to tender shall relate to common
                                                                   wheat for export to the countries of Zone IV as
Whereas the detailed procedural rules governing invi­              defined in Annex I to Regulation (EEC) No 1124/77.
 tations to tender are, as regards the fixing of the
 export levy, laid down in Commission Regulation                   3 . The invitation shall remain open until 30 June
 (EEC) No 3130/73 (6), as amended by Regulations                    1982. During this period weekly awards shall be
 (EEC) No 278 /75 (7) and (EEC) No 771 /75(8), and, as             made, for which the time limits for the submission of
 regards the fixing of the export refund, in Commis­               tenders shall be as prescribed in the notice of invita­
 sion Regulation (EEC) No 279/75 (9), as amended by                tion to tender.
 Regulation (EEC) No 2944/78 (10) ; whereas the
 commitments on the part of the tenderer include an
 obligation to lodge an application for an export                                           Article 2
 licence ; whereas compliance with this obligation may
 be ensured by requiring tenderers to lodge a tendering
                                                                   A tender shall be valid only if it relates to an amount
                                                                    of not less than 1 000 tonnes .
 (i) OJ No L 281 , 1 . 11 . 1975, p. 1 .
 (2) OJ No L 291 , 19. 11 . 1979, p. 17.
  3) OJ No L 281 , 1 . 11 . 1975, p. 82.
  <) OJ No L 303 , 28 . 11 . 1977, p . 1 .
  5) OJ No L 281 , 1 . 11 . 1975, p . 78 .                                                  Article 3
  ') OJ No L 319 , 20 . 11 . 1973 , p. 10 .
  7) OJ No L 31 , 5 . 2. 1975, p . 7 .
  ») OJ No L 77, 26 . 3 . 1975, p. 13 .                             The security referred to in Article 3 of Regulation
  9) OJ No L 31 , 5. 2. 1975, p. 8 .                                (EEC) No 3130/73 and in Article 3 of Regulation
 (10) OJ No L 351 , 15. 12. 1978 , p. 16.                           (EEC) No 279/75 shall be 12 ECU per tonne.
 ---pagebreak--- No L 159/ 14                         Official Journal of the European Communities                            17. 6. 81
                          Article 4                            tender indicates a rate of refund equal to or less than
                                                               such maximum export refund and to any tenderer
1.     Notwithstanding Article 21 ( 1 ) of Regulation          who has tendered for an export levy.
(EEC) No 31 83/80 (1), export licences issued under
Article 8 ( 1 ) of Regulation (EEC) No 3130/73 or under        Where a minimum export levy is fixed, a contract
Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, for       shall be awarded to any tenderer whose tender indi­
the purpose of determining their period of validity, be        cates a rate of levy equal to or greater than such
deemed to have been issued on the day on which the             minimum export levy.
tender was submitted.
2. Export licences issued in connexion with the                                        Article 6
invitation to tender pursuant to this Regulation shall
be valid from their date of issue as defined in para­          Tenders     submitted   must    reach the  Commission
graph 1 , until the end of the fourth month following          through the intermediary of Member States at the
that of issue .                                                latest one and a half hours after expiry of the period
                                                               for the weekly submission of tenders as specified in
                          Article 5                            the notice of invitation to tender. They must be
                                                               communicated in the form indicated in the Annex.
 1 . Notwithstanding Article 5 of Regulation (EEC)
No 3130/73 and Article 5 of Regulation (EEC) No                 If no tenders are received, Member States shall inform
279/75, the Commission shall decide, under the proce­           the Commission of this within the time limit indi­
dure laid down in Article 26 of Regulation (EEC) No             cated in the preceding paragraph.
2727/75 ;
— to fix a maximum export refund, taking account in                                    Article 7
     particular of the criteria laid down in Articles 2
                                                               The time limits fixed for the submission of tenders
     and 3 of Regulation (EEC) No 2746/75, or
— to fix a minimum export levy, taking account in
                                                                shall correspond to Belgian time.
     particular of the criteria laid down in Article 3 ( 1 )
     (b) and (d) of Regulation (EEC) No 2747/75, 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                   following its publication in the Official Journal of
 contract shall be awarded to any tenderer whose                the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                 Done at Brussels, 16 June 1981 .
                                                                          For the Commission
                                                                              The President
                                                                             Gaston THORN
 0 ) OJ No L 388 , 13 . 12. 1980, p. 1 .
 ---pagebreak--- 17. 6. 81                      Official Journal of the European Communities                     No L 159/ 15
                                                     ANNEX
          Weekly tender for the levy/refund for the export of common wheat to countries of
                                                     Zone IV
                              (Closing date for the submission of tenders (date/time))
                                                         I
                  1                     2                                       3
           Number of tenderer        Quantity                        Amount of export levy
                                    in tonnes                    in national currency per tonne
                  1
                  2
                  3
                  4
                  5
                 etc.
                                                        II
                   1                    2                                       3
           Number of tenderer        Quantity                       Amount of export refund
                                    in tonnes                    in national currency per tonne
                   1
                  2
                  3
                  4
                  5
                 etc.