CELEX: 31974R0603
Language: en
Date: 1974-03-15
Title: Regulation (EEC) No 603/74 of the Commission of 15 March 1974 on an invitation to tender for the levy for export of common wheat to certain third countries

No L 73/ 16                                 Official Journal of the European Communities                                  16 . 3 . 74
                               REGULATION (EEC) No 603/74 OF THE COMMISSION
                                                           of 15 March 1974
               on an invitation to tender for the levy for export of common wheat to certain
                                                            third countries
THE COMMISSION OF THE EUROPEAN                                        Whereas, in order to ensure equal treatment to all inte­
COMMUNITIES,                                                           rested parties, it is necessary to provide that the effec­
                                                                       tive period of validity of licences issued under the
Having regard to the Treaty establishing the European                  tendering procedure to successful tenderers will be
Economic Community ;                                                   identical ;
Having regard to Council Regulation No 120/                            Whereas the fixing of an export levy by means of a
67/EEC (') of 13 June 1967 on the common organiza­                     tendering procedure must permit better management
tion of the market in cereals, as last amended by Regu­                of the market ; whereas this objective could be jeopar­
lation (EEC) No 1346/73 (2) ;                                          dized by too short a period of validity for the export
                                                                       licence ; whereas use should therefore be made of the
Having regard to Council Regulation (EEC) No                           possibility provided for in the second subparagraph of
1968 /73 (3) of 19 July 1973, laying down general rules                Article 1 ( 1 ) of Regulation (EEC) No 3130/73 by
to be applied in the event of the cereals market being                 fixing a special period of validity for licences, issued
disturbed, as amended by Regulation (EEC) No                           under this invitation to tender ;
2632/73 (4), and in particular Article 4 thereof ;
                                                                       Whereas the smooth working of a procedure for
Whereas the world market in common wheat is char­                      tendering for export levies must be ensured ; whereas
acterized by a continuing increase in prices ; whereas                 to this end it is appropriate to prescribe a minimum
this increase is due in particular to a growing imbal­                 quantity as well as the period during which tenders
ance between the quantity on offer and the demand ;                    can be lodged and the form of the communication of
whereas, as a result of this, the supply of certain                    tenders lodged with the competent authorities ;
traditional export markets of the Community is threat­
ened ; whereas, with the aim of improving this situa­                  Whereas the measures provided for in this Regulation
tion, an invitation should be issued, for common                       are in accordance with the Opinion of the Manage­
wheat, to tender for the export levy provided for in                   ment Committee for Cereals,
Article 2 ( 1 ), first indent, of Regulation (EEC) No
 1968 /73 and this should be limited to the markets
concerned which are situated in the Zone I provided
for in the Annex to Commission Regulation (EEC)
                                                                        HAS ADOPTED THIS REGULATION :
No 941 /72 (5) of 5 May 1972, redefining the destina­
tion zones for export refunds on cereals and rice ;
Whereas the detailed rules relating to the tendering                                             Article 1
procedure to fix the export levy are contained in
Commission Regulation (EEC) No 3130/73 (6), of 16                       1.    An invitation to tender shall be issued for the
 November 1973, establishing the conditions for the                    export levy provided for in Article 2 ( 1 ), first indent, of
application of the system of tendering for export                       Council Regulation (EEC) No 1968 /73 .
 levies for cereals ;
                                                                        2.    The invitation shall relate to common wheat for
Whereas the objective of the tendering procedure can
                                                                        export to countries of the Zone I provided for in the
be attained only if a successful tenderer fulfils all the
                                                                        Annex to Regulation (EEC) No 941 /72 .
 commitments entered into at the moment of lodging
 his tender ; whereas among these commitments is the
 obligation to lodge an application for an export                       3 . The invitation is open until 31 May 1974.
 licence ; whereas the security for tender exacted when                 During this period weekly invitations shall be issued
 the tender is lodged can ensure that this obligation is                for which the time limits for lodging of tenders shall
                                                                        be laid down in the notice of the tender.
 respected ;
(')  OJ No   117, 19 . 6. 1967, p . 2269/67 .                           4.    By way of derogation from Article 1 (2) of Regu­
(2)  OJ No   L 141 , 28 . 5 . 1973 , p . 8 .                            lation (EEC) No 3130/73, the period which is required
(3)  OJ No   L 201 , 21 . 7 . 1973 , p . 10 .
(4)  OJ No   L 272, 29 . 9 . 1973 , p . 18 .                            between publication of the notice of tender and the
(5 ) OJ No   L 107, 6 . 5 . 1972, p . 10 .                              first date fixed for the deposit of tenders shall be 10
(6)  OJ No   L 319 , 20 . 11 . 1973, p . 10 .                           days.
 ---pagebreak--- 16 . 3 . 74                            Official Journal of the European Communities                             No L 73 / 17
                         Article 2                                Export licences issued under this invitation to tender
                                                                  shall be valid from their date of issue, within the
A tender shall be valid only if it relates to an amount           meaning of the previous paragraphs, until the end of
of not less than 250 metric tons .                                the second month following that of issue .
                         Article 3                                                         Article 7
1 . By way of derogation from the provisions of                   1 . When the obligation to export to the destination
Article 3 ( 1 ) second subparagraph of Regulation (EEC)           provided for has not been fulfilled, the security
3130/73, the security to be lodged under this invita­             mentioned in Article 3 ( 1 ) shall be forfeit in respect of
tion to tender must be equal to 50 % of the export                a quantity equal to the difference between (a) 93 % of
levy proposed by the tenderer concerned and may not               the net quantity indicated on the export licence, and
be less than 15 units of account per metric ton .                 (b) the net quantity actually exported.
2. By way of derogation from the provisions of                    2. However, if this exported quantity is less than
Article 7 ( 1 ) of Regulation (EEC) No 3130/73 and                7 % of the net quantity indicated on the licence, the
except in cases of force majeure, the security provided           security shall be forfeit in totality.
for in paragraph 1 shall only be released in respect of
the quantity for which the tenderer has provided                  3 . On request by the titular holder, Member States
proof that it has been put into free circulation in one           may release parts of the security in proportion to the
of the countries of the zone referred to in Article 1 (2),        quantities of product for which the proof referred to
or for which the tender has not been pursued.                     in the second subparagraph of Article 3 (2) has been
                                                                  delivered and in so far as that provides evidence that a
The proof referred to in the previous subparagraph                quantity equal to at least 7 % of the net quantity indi­
shall be provided by the production of the customs                cated on the licence has been exported to the destina­
document or a copy or photocopy thereof certified as              tion in question .
true by the competent authorities .
The security shall be released immediately.                                                Article 8
                          A rticle 4                              The tenders lodged must reach the Commission
                                                                  through the intermediary of Member States at the
                                                                  latest one and a half hours after the end of the period
The application for a licence and the licence shall               for the weekly lodging of tenders as provided for in
have indicated in Box 13 the destination zone referred
                                                                  the notice of the tender. They must be communicated
to in Article 1 (2).                                              in the form indicated in the Annex .
The licence shall oblige the holder to export to that             When there are no tenders, Member States shall
destination .
                                                                  inform the Commission of this within the time limit
                          Article 5
                                                                   indicated in the preceding paragraph .
When the commitment mentioned in Article 2 (3) (b)
                                                                                           Article 9
of Regulation (EEC) No 3130/73 is not respected the
export licence shall not be issued and, in
consequence, the security exacted under the provi­                 During the period in which Summer Time applies in
sions of Article 3 of that Regulation shall be forfeit.            Italy, the times fixed for the lodging of offers shall be
                                                                   regarded in that Member State as extended by one
                                                                   hour. During the period during which Summer Time
                          Article 6                                does not apply in the United Kingdom and in
                                                                   Ireland, the times fixed for the lodging of offers shall
 By way of derogation from the provisions of Article 8             be regarded in those Member States as brought
( 1 ) of Regulation (EEC) No 1 373 /70 (J ), the export            forward by one hour.
 licences issued under Article 8 ( 1 ) of Regulation (EEC)
 No 3130/73 shall be considered for the purpose of
determining their period of validity, as if they had                                       Article 10
been issued on the day on which the tender was
 lodged .                                                          This Regulation shall enter into force the day
                                                                   following its publication in the Official Journal of
(M OJ No L 158 , 20 . 7 . 1970, p . 1 .                            the European Communities.
 ---pagebreak--- No L 73 / 18                         Official Journal of the European Communities                              16 . 3 . 74
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 15 March 1974 .
                                                                              For the Commission
                                                                                   The President
                                                                             Francois-Xavier ORTOLI
                                                            ANNEX
                           Weekly tender for the levy for export of common wheat to third countries
                                     Exipiry of the period for lodging tenders ( date/time)
                          12
                Numbering of the            Quantity                Amount of export levy in national currency
                      tenders            in metric tons                          per metric ton
                         1
                         2
                         3
                         4
                         5
                        etc .