CELEX: 31974R1841
Language: en
Date: 1974-07-16 00:00:00
Title: Regulation (EEC) No 1841/74 of the Commission of 16 July 1974 on an invitation to tender for the levy for export of common wheat to certain third countries

17. 7 . 74                                Official Journal of the European Communities                            No L 193 / 13
                              REGULATION (EEC) No 1841 /74 OF THE COMMISSION
                                                           of 16 July 1974
               on an invitation to tender for the levy for export of common wheat to certain
                                                           third countries
 THE COMMISSION OF THE EUROPEAN                                       tendering procedure to successful tenderers will be
 COMMUNITIES,                                                         identical ;
 Having regard to the Treaty establishing the European               Whereas the fixing of an export levy by means of a
 Economic Community ;                                                 tendering procedure must permit better management
 Having regard to Council Regulation No 120/                         of the market ; whereas this objective could be jeopar­
 67/EEC (') of 13 June 1967 on the common organiza­                  dized by too short a period of validity for the export
 tion of the market in cereals, as last amended by Regu­             licence ; whereas use should therefore be made of the
 lation (EEC) No 1346/73 (2) ;                                       possibility provided for in the second subparagraph of
                                                                     Article 1 ( 1 ) of Regulation (EEC) No 3130/73 by
 Having regard to Council Regulation (EEC) No                        fixing a special period of validity for licences, issued
 1968/73 (3) of 19 July 1973, laying down general rules              under this invitation to tender ;
 to be applied in the event of the cereals market being
 disturbed, as last amended by Regulation (EEC) No                   Whereas the smooth working of a procedure for
 676/74 (4), and in particular Article 4 thereof ;                   tendering for export levies must be ensured ; whereas
Whereas the world market in common wheat is char­                    to this end it is appropriate to prescribe a minimum
 acterized by a continuing increase in prices ; whereas              quantity as well as the period during which tenders
 this increase is due in particular to a growing imbal­              can be lodged and the form of the communication of
ance between the quantity on offer and the demand ;                  tenders lodged with the competent authorities ;
whereas, as a result of this, the supply of certain
 markets is threatened ; whereas, with the aim of                    Whereas the measures provided for in this Regulation
 improving this situation, an invitation should be                   are in accordance with the Opinion of the Manage­
 issued, for common wheat, to tender for the export                  ment Committee for Cereals ,
 levy provided for in Article 2 ( 1 ), first indent, of Regu­
 lation (EEC) No 1968 /73 and this should be limited
 to the markets concerned which are situated in the
                                                                     HAS ADOPTED THIS REGULATION :
Zone V a) provided for in the Annex to Commission
Regulation (EEC) No 941 /72 (5) of 5 May 1972,
redefining the destination zones for export refunds on
cereals and rice ;                                                                            Article 1
Whereas the detailed rules relating to the tendering                  1.   An invitation to tender shall be issued for the
procedure to fix the export levy are contained in
Commission Regulation (EEC) No 3130/73 (6) of 16                     export levy provided for in Article 2 ( 1 ), first indent, of
 November 1973, establishing the conditions for the                  Council Regulation (EEC) No 1968 / 73 .
application of the system of tendering for export                    2.    The invitation shall relate to common wheat for
levies for cereals ;
                                                                     export to countries of the Zone V a) provided for in
Whereas the objective of the tendering procedure can                 the Annex to Regulation (EEC) No 941 /72.
only be attained if a successful tenderer fulfills all the
commitments entered into at the moment of lodging                    3.    The invitation is open until 31 October 1974.
his tender ; whereas among these commitments is the                  During this period weekly invitations shall be issued
obligation to lodge an application for an export                     for which the time limits for lodging of tenders shall
licence ; whereas the security for tender exacted when               be laid down in the notice of the tender.
the tender is lodged can ensure that this obligation is
respected ;
                                                                                              Article 2
Whereas, in order to ensure equal treatment to all inte­
rested parties, it is necessary to provide that the effec­           A tender shall be valid only if it relates to an amount
tive period of validity of licences issued under the                 of not less than 250 metric tons .
(') OJ   No 117, 19 . 6 . 1967, p . 2269/67.
(2) OJ  No  L 141 , 28 . 5 . 1973 , p. 8 .                                                    Article 3
(3)  OJ No  L 201 , 21 . 7. 1973, p. 10.
(4) OJ  No  L 83 , 28 . 3 . 1974, p. 3 .
(5) OJ  No  L 107, 6 . .5 . 1972, p. 10 .                            1.    By way of derogation from the provisions of
(») OJ  No  L 319, 20. 11 . 1973 , p. 10 .                           Article 3 ( 1 ) second subparagraph of Regulation ( EEC)
 ---pagebreak--- No L 193 / 14                           Official Journal of the European Communities                                17 . 7 . 74
No 3130/73 , the security to be lodged under this invi­                                     Article 7
tation to tender must be equal to 50 % of the export
levy prdposed by the tenderer concerned and may not
be less than 15 units of account per metric ton .                  1 . When the obligation to export to the destination
                                                                   provided for has not been fulfilled, the security
                                                                   mentioned in Article 3 ( 1 ) shall be forfeit in respect of
2. By way of derogation from the provisions of                     a quantity equal to the difference between 93 % of
Article 7 ( 1 ) of Regulation (EEC) No 3130/73 and                 the net quantity indicated on the export licence, and
except in cases of force majeure, the security provided            the net quantity actually exported .
for in paragraph 1 shall only be released in respect of
the quantity for which the tenderer has provided
proof that it has been put into free circulation in one            2.     However, if this exported quantity is les? than
of the countries of the zone referred to in Article 1 (2),         7 % of the net quantity indicated on the licence, the
or for which the tender has not been pursued .                     security shall be forfeit in totality.
The proof referred to in the previous subparagraph                 3.     On request by the titular holder, Member States
shall be provided by the production of the customs                 may release parts of the security in proportion to the
document or a copy or photocopy thereof certified as               quantities of product for which the proof referred to
true by the competent authorities .                                in the second subparagraph of Article 3 (2) has been
                                                                   delivered and in so far as that proof provides evidence
The security shall be released immediately.                        that a quantity equal to at least 7 % of the net quan­
                                                                   tity indicated on the licence has been exported to the
                                                                   destination in question .
                            A rticle 4
The application for a licence and the licence shall                                         Article 8
have indicated in Box 13 the destination zone referred
to in Article 1 (2).
                                                                   The tenders lodged must reach the Commission
                                                                   through the intermediary of Member States at the
The licence shall oblige the holder to export to that              latest one and a half hours after the end of the period
 destination .
                                                                   for the weekly lodging of tenders as provided for in
                                                                   the notice of the tender. They must be communicated
                                                                    in the form indicated in the Annex .
                            Article 5
                                                                   When there are no tenders , Member States shall
 When the commitment mentioned in Article 2 (3) (b)                 inform the Commission of this within the time limit
 of Regulation (EEC) No 3130/73 is not respected the                indicated in the preceding paragraph .
 export licence shall not be issued and, in
 consequence, the security exacted under the provi­
 sions of Article 3 of that Regulation shall be forfeit.
                                                                                            Article 9
                            Article 6                               During the period in which Summer Time applies in
                                                                    Italy, the times fixed for the lodging of offers shall be
                                                                    regarded in that Member State as extended by one
 1.    By way of derogation from the provisions of
 Article 8 ( 1 ) of Regulation (EEC) No 1373 /70 (') the            hour. During the period during which Summer Time
 export licences issued under Article 8 ( 1 ) of Regula­            does not apply in the United Kingdom and in
 tion (EEC) No 3130/73 shall be considered for the                  Ireland, the times fixed for the lodging of offers shall
                                                                    be regarded in those Member States as brought
 purpose of determining their period of validity, as if
 they had been issued on the day on which the tender                forward by one hour.
 was lodged .
 2.    Export licences issued under this invitation to                                      Article 10
 tender shall be valid from their date of issue , within
 the meaning of the previous paragraph , until the end
 of the eighth month following that of issue .                      This Regulation shall enter into force the day
                                                                     following its publication in the Official Journal of
 (') OJ No L 1.58 , 20 . 7 . 1970, p. 1 .                            the European Communities.
 ---pagebreak--- 17. 7. 74                        Official Journal of the European Communities                              No L 193/ 15
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 16 July 1974.
                                                                          For the Commission
                                                                              The President
                                                                        François-Xavier ORTOLI
                                                         ANNEX
                          Weekly tender for the levy for export of common wheat to Zone V a)
                                  Expiry of the period for lodging tenders (date/time)
                     ■                     2                                        3
             Numbering of the           Quantity                Amount of export levy in national currency
                  tenders            in metric tons                          per metric ton
                     1
                     2
                     3
                     4
                     5
                    etc.