CELEX: 31982R1509
Language: en
Date: 1982-06-15 00:00:00
Title: Commission Regulation (EEC) No 1509/82 of 11 June 1982 opening an invitation to tender for the levy and/or refund for the export of common wheat to countries of Zones I, IIa, III, V, VI, VII, the German Democratic Republic and the Iberian Peninsula

15. 6 . 82                            Official Journal of the European Communities                          No L 168 / 13
                                COMMISSION REGULATION (EEC) No 1509/82
                                                     of 11 June 1982
               opening an invitation to tender for the levy and/or refund for the export of
               common wheat to countries of Zones I, Ha, III, V, VI, VII, the German
                                 Democratic Republic and the Iberian Peninsula
THE COMMISSION OF THE EUROPEAN                                  tenderers to lodge a tendering security of 12 ECU per
COMMUNITIES,                                                    tonne when they submit their tenders ;
Having regard to the Treaty establishing the European           Whereas, in order to ensure that all those concerned
Economic Community,                                             are treated equally, it is necessary to lay down that the
                                                                period of validity of the licences issued should be
Having regard to Council Regulation (EEC) No                    identical ; whereas, however, a special period of validity
2727/75 of 29 October 1975 on the common organi­                should be laid down for exports to the People's
zation of the market in cereals ('), as last amended by         Republic of China ;
Regulation (EEC) No 3808 /81 (2),
                                                                Whereas, in order to ensure the smooth operation of
Having regard to Council Regulation (EEC) No                     the tendering procedure, it is appropriate to prescribe
2747/75 of 29 October 1975 laying down general rules             a minimum quantity to be tendered for and a time
to be applied in the event of the cereals market being           limit and form for the communication of tenders
disturbed (3), as last amended by Regulation (EEC) No            submitted to the competent authorities ;
2560/77 (4), and in particular Article 2 ( 1 ) thereof,
                                                                Wheres the measures provided for in this Regulation
Having regard to Council Regulation (EEC) No                     are in accordance with the opinion of the Management
2746/75 of 29 October 1975 laying down general rules             Committee for Cereals,
for granting export refunds on cereals and criteria for
fixing the amount of such refunds (*), and in particular
Article 5 therof,
                                                                 HAS ADOPTED THIS REGULATION :
Whereas, in view of the current situation on the
cereals market, an invitation should be opened in
                                                                                         Article 1
respect of common wheat to tender for the export levy
provided for in the first indent of Article 2 ( 1 ) of
Regulation (EEC) No 2747/75 and/or for the export                1 . Tenders shall be invited for the export levy
refund provided for in Article 5 of Regulation (EEC)             provided for in the first indent of Article 2 (1 ) of
No 2746/75 ; whereas, in order to ensure supply, the             Regulation (EEC) No 2747/75 and/or the export
invitation to tender for export should be limited to             refund provided for in Article 5 of Regulation (EEC)
                                                                 No 2746/75.
Zones I, Ha, III, V, VI, VII, the German Democratic
Republic and the Iberian Peninsula ;                             2.     The invitation to tender shall relate to common
Whereas the detailed procedural rules governing invi­            wheat for export to the countries of Zones I, Ila, III, V,
tations to tender are, as regards the fixing of the export       VI, VII, the German Democratic Republic and the
                                                                 Iberian Peninsula .
levy, laid down in Commission Regulation (EEC) No
3130/73 (*), as amended by Regulations (EEC) No                  3. The invitation shall remain open until 30 June
278/75 0 and (EEC) No 771 /75 (8), and, as regards the            1983 . During this period weekly awards shall be made,
fixing of the export refund, in Commission Regulation            for which the time limits for the submission of tenders
(EEC) No 279/75 (9), as amended by Regulation (EEC)              shall be as prescribed in the notice of invitation to
 No 2944/78 (10) ; whereas the commitments on the                tender.
part of the tenderer include an obligation to lodge an
application for an export licence ; whereas compliance
with this obligation may be ensured by requiring                                          Article 2
(' OJ No L 281 , 1 . 11 . 1975, p. 1 .                           A tender shall be valid only if it relates to an amount
 2 OJ No L 382, 31 . 12. 1981 , p. 37.                           of not less than 1 000 tonnes .
O OJ No L 281 , 1 . 11 . 1975, p. 82.
(") OJ No L 303 , 28 . 11 . 1977, p . 1 .
0 OJ No L 281 , 1 . 11 . 1975, p. 78 .                                                    Article 3
(«) OJ No L 319, 20. 11 . 1973, p. 10.
0 OJ No L 31 , 5 . 2. 1975, p. 7.
(8) OJ No L 77, 26. 3 . 1975, p. 13 .                             The securtiy referred to in Article 3 of Regulation
0 OJ No L 31 , 5. 2. 1975, p. 8 .                                 (EEC) No 3130/73 and in Article 3 of Regulation
H OJ No L 351 , 15. 12. 1978 , p . 16.                            (EEC) No 279/75 shall be 12 ECU per tonne.
 ---pagebreak--- No L 168 / 14                         Official Journal of the European Communities                              15. 6. 82
                          Article 4                              In geval van uitvoer naar de Volksrepubliek China
                                                                laatste geldigheidsdag :           — Verordening (EEG)
                                                                nr. 1509/82.
1 . Notwithstanding Article 21 ( 1 ) of Regulation
(EEC) No 3183/80 ('), export licences issued under              Where the licence is used after the date given in space
Article 8 ( 1 ) of Regulation (EEC) No 3130/73 or under          19, it shall carry the obligation to export to the
Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, for        People's Republic of China.
the purpose of determining their period of validity, be
deemed to have been issued on the day on which the
tender was submitted.
                                                                                          Article 5
                                                                 1 . Notwithstanding Article 5 of Regulation (EEC)
                                                                 No 3130/73 and Article 5 of Regulation (EEC) No
2. Export licences issued in connection with the                279/75, the Commission shall decide, under the
invitation to tender pursuant to this Regulation shall          procedure laid down in Article 26 of Regulation (EEC)
be valid from their date of issue, as defined in para­           No 2727/75 :
graph 1 , until the end of the fourth month following
that of issue .                                                 — 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,
However, for exports to the Peoples Republic of                 — to fix a minimum export levy, taking account in
China, licences shall be valid from their date of issue               particular of the criteria laid down in Article 3 (1 )
as defined in paragraph 1 until the end of the sixth                  (b) and (d) of Regulation (EEC) No 2747/75, or
 month following.                                                — to make no award.
                                                                 2. where a maximum export refund is fixed, a
 3.     For the purposes of applying paragraph 2,                contract shall be awarded to any tenderer whose tender
 licences issued in connection with this invitation to           indicates a rate of refund equal to or less than such
 tender shall bear, in space 19, a statement of the last         maximum export refund and to any tenderer who has
 day of validity calculated in accordance with the provi­        tendered for an export levy.
 sions of the first subparagraph of paragraph 2. They
 shall also bear, in space 18 , a statement of the last day      Where a minimum export levy is fixed, a contract
 of validity calculated in accordance with the provisions        shall be awarded to any tenderer whose tender indi­
 of the second subparagraph of paragraph 2 ; for this            cates a rate of levy equal to or greater than such
 purpose, one of the following statements shall be               minimum export levy.
 entered in space 18 :
                                                                                          Article 6
 'Sidste gyldighedsdag ved udførsel til Den kinesiske
  Folkerepublik :            — Forordning (EØF) nr.              Tenders     submitted    must    reach  the  Commission
  1509/82/
                                                                  through the intermediary Member States at the latest
 'Letzter Gültigkeitstag bei Ausfuhr in die Volksrepu­            one and a half hours after expiry of the period for the
 blik China :               — Verordnung (EWG) Nr.                weekly submission of tenders as specified in the notice
  1509/82.'                                                       of invitation to tender. They must be communicated
                                                                  in the form indicated in the Annex.
  'Σέ περίπτωση εξαγωγής προς τή Λαϊκή Δημοκρα­
  τία της Κίνας, τελευταία ήμέρα ίσχύος :                —        If no tenders are received, Member States shall inform
   KavovioLiéc (EOK) dpiS. 1509/82'.                              the Commission of this within the time limit indi­
                                                                  cated in the proceding paragraph.
  'In case of export to the People s Republic of China,
  last day of validity :         — Regulation (EEC) No
   1509/82.'                                                                               Article 7
  'En cas d exportation vers la République populaire de           The time limits fixed for the submission of tenders
   Chine, dernier jour de validité :           — Règlement         shall correspond to Belgian time.
   (CEE) n° 1509/82.'
                                                                                                           i
   'In caso di esportazione verso la Repubblica popolare                                   Article 8
   di China, ultimo giorno di validità :          — Regola­
   mento (CEE) n. 1509/82.'                                        This Regulation shall enter into force on the day follo­
                                                                   wing its publication in the Official Journal of the
   (') OJ No L 388 , 13 . 12. 1980, p. 1 .                         European Communities.
 ---pagebreak--- 15 . 6 . 82                        Official Journal of the European Communities                     No L 168/ 15
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 11 June 1982.
                                                                          For the Commission
                                                                              Poul DALSAGER
                                                                      Member of the Commission
                                                         ANNEX
             Weekly tender for the levy/refund for the export of common wheat to countries of Zones I,
                 Ila, III, V, VI, VII, the German Democratic Republic and the Iberian Peninsula
                                  (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 .