CELEX: 31975R1841
Language: en
Date: 1975-07-18 00:00:00
Title: Regulation (EEC) No 1841/75 of the Commission of 17 July 1975 on an invitation to tender for the levy and/or the refund for the export of common wheat to the countries of Zone I and to Portugal

No L 187/ 20                              Official Journal of the European Communities                              18 . 7 . 75
                                REGULATION (EEC) No 1841 /75 OF THE COMMISSION
                                                            of 17 July 1975
                 on an invitation to tender for the levy and/or the refund for the export of
                                common wheat to the countries of Zone I and to Portugal
  THE COMMISSION OF THE EUROPEAN                                       Commission Regulation ( EEC) No 279/75 ( 10) of 4
• COMMUNITIES,                                                         February 1975 laying down detailed rules for the appli­
                                                                       cation of the system of tendering for export refunds
  Having regard to the Treaty establishing the European                on cereals ;
  Economic Community ;
                                                                      Whereas the objective of the tendering procedure can
  Having regard to Council Regulation No 120/                          be attained only if every successful tenderer fulfils all
  67/ EEC (') of 13 June 1967 on the common organiza­                  the commitments entered into by him when submit­
  tion of the market in cereals, as last amended by Regu­              ting his tender ; whereas these commitments include
  lation (EEC) No 665/75 (2) ;                                         an obligation to lodge an application for an export
                                                                       licence ; whereas compliance with this obligation may
  Having regard to Council Regulation (EEC) No                         be ensured by requiring the tenderer to give security
  1 968/73 (3) of 19 July 1973 laying down general rules               when submitting his tender ;
  to be applied in the event of the cereals market being
  disturbed , as last amended by Regulation (EEC) No
  86/75 (4), and in particular Article 4 (2) thereof ;                 Whereas, in order to ensure equal treatment to all
                                                                       concerned, it is necessary to make provision such that
  Having regard to Council Regulation No 139/                          the effective period of validity of licences issued to
                                                                       successful tenderers in connection with the invitation
  67/ EEC (5) of 21 June 1967 laying down general rules
                                                                       to tender is identical ;
  for granting export refunds on cereals and criteria for
  fixing the amount of such refunds, as last amended by
  Regulation (EEC) No 87/75 (6), and in particular                     Whereas provision must be made to ensure the
  Article 4a thereof ;                                                 smooth operation of the procedure for tendering for
                                                                       export levies and refunds ; whereas to this end it is
  Whereas, having regard to the current situation on the               appropriate to prescribe a minimum quantity to be
  cereals market, there should be opened in respect of                 tendered   for and a time limit and        form  for the
  common wheat an invitation to tender for the export                  communication of tenders submitted to the compe­
  levy provided for in the first indent of Article 2 ( 1 ) of          tent authorities ;
  Regulation (EEC) No 1968 /73 and for the export
  refund provided for in Article 4a of Regulation No                   Whereas the measures provided for in this Regulation
   139/ 67/ EEC ; whereas, in order to safeguard Commu­                are in accordance with the Opinion of the Manage­
  nity supplies whilst at the same time participating in               ment Committee for Cereals,
  the supply of certain markets, the invitation to tender
  for export should be limited to the markets concerned
  in Zone I as defined in the Annex to Commission
  Regulation (EEC) No 941 /72 (7) of 5 May 1972 rede­
  fining the destination zones for export refunds on                   HAS ADOPTED THIS REGULATION :
  cereals and rice, and to Portugal ;
  Whereas the detailed rules governing invitations to
                                                                                                   Article 1
  tender are as regards the export levy contained in
  Commission Regulation (EEC) No 3 1 30/73 (8) of 16
  November 1973 establishing the conditions for the                     1 . Tenders shall be invited for the export levy
  application of the system of tendering for export                    provided for in the first indent of Article 2 ( 1 ) of
  levies on cereals as last amended by Regulation ( EEC)               Council Regulation (EEC) No 1968/73 and/or the
   No 771 /75 (9), and as regards the export refund in                 export refund provided for in Article 4a of Regulation
                                                                       No 139 / 67/ EEC .
  (')  OJ  No 117, 19 . 6 . 1967, p . 2269/ 67 .
  (-)  OJ. No L 72, 20 . 3 . 1975 , p. 14.
  (3)  OJ  No L 201 , 21 . 7 . 1 973 , p. 10 .                         2.     The invitation to tender shall relate to common
  H    OJ  No L 11 , 16 . 1 . 1975 , p. 2.                             wheat for export to countries of Zone I as defined in
  (3 ) OJ  No 125, 26. 6 . 1967, p . 2453/67 .                         the Annex to Regulation ( EEC) No 941 /72 and to
  (")  OJ  No L 11 , 16 . 1 . 1975, p. 3 .
  ( 7) OJ  No L 107, 6 . 5 . 1972, p. 10 .                             Portugal .
  (s)  OJ  No L 319 , 20 . 11 . 1973 , p. 10 .
  O    OJ  No L 77, 26. 3 . 1975, p. 13 .                              ( I0) OJ No L 31 , 5 . 2 . 1975, p. 8 .
 ---pagebreak--- 18 . 7. 75                               Official Journal of the European Communities                           No L 187/ 21
3.     The invitation shall remain open until 18                                              Article 7
December 1975 . During this period weekly awards
shall be made, the time limits for the submission of                1.     If the obligation to export is not fulfilled , the
tenders to be as prescribed in the notice of invitation             security mentioned in Article 3 of Regulations (EEC)
to tender.                                                          No 3130/73 and (EEC) No 279/75 shall be forfeit in
                                                                    respect of a quantity equal to the difference between
                           Article 2
                                                                    93 % of the net quantity indicated on the export
                                                                    licence and the net quantity actually exported .
A tender shall be valid only if it relates to an amount
of not less than 5 000 metric tons .                                2.      However, if the quantity exported is less than
                                                                    7 % of the net quantity indicated on the licence, the
                                                                    security' shall be forfeit in its entirety.
                           Article 3
                                                                    3.      On request by the titular holder of the licence,
 1 . The security referred to in Article 3 of Regula­               Member States may release the security by instalments
tion (EEC) No 3130/73 and of Regulation (EEC) No                    in proportion to the quantities of product for which
279/75 shall be 20 units of account per metric ton .                proof of exportation as referred to in Article 7 ( 1 ) of
2.      By way of derogation from Article 7 ( 1 ) of Regu­          Regulations (EEC) No 3130/73 and ( EEC) No 279/75
lation (EEC) No 3130/73 and (EEC) No 279/75, the                    has been furnished, provided that such proof esta­
security provided for in paragraph 1 shall subject to               blishes that a quantity equal to at least 7 % of the net
force majeure be released only in respect of any quan­              quantity indicated on the licence has been exported.
tity for which the tender was not accepted or for
which the tenderer furnishes proof of arrival at its                                          Article 8
destination , such proof to be furnished as provided in
the second, third and fourth subparagraphs of Article               The tenders submitted must reach the Commission
 11 ( 1 ) of Regulation (EEC) No 192/75 ( ! ).                      through the intermediary of Member States at the
                                                                    latest one and a half hours after expiry of the period
                           Article 4                                for the weekly submission of tenders as specified in
                                                                    the notice of invitation to tender. They must be
The zone of destination as specified in Article 1 (2)               communicated in the form indicated in the Annex .
 shall be indicated in section 13 of the licence applica­
 tion and of the licence itself. The issue of a licence              If no tenders are received , Member States shall inform
 shall carry with it the obligation to export to that desti­        the Commission of this within the time limit indi­
 nation .                                                           cated in the preceding paragraph .
                           Article 5
                                                                                              Article 9
 If a tenderer fails to comply with the undertaking
 given by him pursuant to Article 2 (3) (b) of Regula­            . During the period in which summer time applies in
 tion (EEC) No 3130/73 and ( EEC) No 279/75, no                      Italy, the times fixed for the submission of tenders
 export licence shall be issued and the security lodged             shall be regarded in that Member State as extended by
 pursuant to Article 3 of those Regulations shall accord­           one hour. During the period during which summer
 ingly be forfeit.                                                   time does not apply in the United Kingdom and in
                                                                     Ireland, the times fixed for the submission of tenders
                                                                     shall be regarded in those Member States as brought
                           Article 6
                                                                     forward by one hour.
  1.     By way of derogation from the provisions of
 Article 9 ( 1 ) of Regulation (EEC) No 1 93/75 (2) export                                    Article 10
 licences issued under Article 8 ( 1 ) of Regulation (EEC)
  No 3130/73 or under the like provision of Regulation               1.     By way of derogation from Article 5 of Regula­
 (EEC) No 279/75 shall for the purpose of determining                tions (EEC) No 3130 /73 and ( EEC) No 279/75, the
 their period of validity be deemed to have been issued              Commission shall decide, under the procedure laid
 on the day on which the tender was submitted .                      down in Article 26 of Regulation No 120/67/ EEC :
  2.     Export licences issued in connection with the               — to fix an maximum export refund, taking account
  invitation to tender pursuant to this Regulation shall                  in particular of the criteria laid down in Articles 2
 be valid from their date of issue as defined in the prev­                and 3 of Regulation No 139/ 67/ EEC, or
  ious paragraph until the end of the fourth month                   — to fix a minimum export levy, taking account in
  following that of issue .                                               particular of the criteria laid down in Article 3 ( 1 )
                                                                          (b) and (d) of Regulation ( EEC) No 1 968 /73 , or
 (') OJ No L 25, 11 . 1 . 1975 , p . 1 .
 (-) OJ No L 25 , 31 . 1 . 1975 , p . 10 .                           — to make no award .
 ---pagebreak--- No L 187/22                       Official Journal of the European Communities                           18 . 7. 75
2. Where a maximum export refund is fixed a                 cated a rate of levy equal to or greater than such
contract shall be awarded to any tenderer whose             minimum export levy.
tender indicates a rate of refund equal to or less than
such maximum export refund and to any tenderer                                     Article 11
who has tendered for an export levy.
                                                            This Regulation shall enter into force on the day
Where a minimum export levy is fixed a contract              following its publication in the Official Journal of
shall be awarded to any tenderer whose tender indi­          the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 17 July 1975.
                                                                      For the Commission
                                                                        P.J. LARDINOIS
                                                                  Member of the Commission
 ---pagebreak--- 18 . 7. 75                    Official Journal of the European Communities                                 No L 187/23
                                                       ANNEX
           Weekly tender for the levy/refund for the export of common wheat to the countries of
                                                Zone I and to Portugal
                          Expiry of the period for the submission of tenders (date/time)
                                                          I
                     1                   2                                         3
                Number of             Quantity                 Amount of export levy in national currency
                  tender          in metric tons                            per metric ton
                     1
                     2
                     3
                     4
                     5
                   etc.
                                                          II
                      1                  2                                         3
                Number of             Quantity                Amount of export refund in national currency
                  tender           in metric tons                           per metric ton
                      1
                     2
                     3
                     4
                      5
                    etc.