CELEX: 31973R3281
Language: en
Date: 1973-12-05 00:00:00
Title: Regulation (EEC) No 3281/73 of the Commission of 5 December 1973 on an invitation to tender for the export levy for common wheat

6. 12. 73                                  Official Journal of the European Communities                            No L 337/ 17
                               REGULATION (EEC) No 3281 /73 OF THE COMMISSION
                                                        of 5 December 1973
                         on an invitation to tender for the export levy for common wheat
THE COMMISSION OF THE EUROPEAN                                        to this end it is appropriate to prescribe a minimum
COMMUNITIES,                                                          quantity as well as the period during which tenders
                                                                      can be lodged and the form of the communication of
Having regard to the Treaty establishing the European                 tenders lodged with the competent authorities ;
Economic Community ;
                                                                      Whereas the measures provided for in this Regulation
Having regard to Council Regulation No 120/                           are in accordance with the Opinion of the Manage­
67/EEC ( J ) of 13 June 1967 on the common organiza­                  ment Committee for Cereals,
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1 346/73 (2) ;
                                                                      HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No
1968 /73 (3) of 19 July 1973, laying down general rules
to be applied in the event of the cereals market being
disturbed, as amended by Regulation (EEC) No                                                   Article 1
2632/73 (4), and in particular Article 4 (2) thereof ;
                                                                      1.     An invitation to tender shall be issued for the
Whereas, having taken into account the current situa­                 export levy provided for in Article 2 ( 1 ), first indent, of
tion on the cereals market, an invitation should be                   Council Regulation (EEC) No 1968/73 .
issued, for common wheat, to tender for the export
levy provided for in Article 2 ( 1 ), first indent, of Regu­          2.     The invitation shall relate to common wheat.
lation (EEC) No 1968 /73 ;
                                                                      3.     The invitation is open until 1 March 1974.
Whereas the detailed rules relating to the tendering                  During this period weekly invitations shall be issued
procedure to fix the export levy are contained in                     for which the time limits for lodging of offers shall be
Commission Regulation (EEC) No 3130/73 (5), of 16                     laid down in the notice of the tender.
November 1973, establishing the conditions for the
application of the system of tendering for export
levies for cereals ;                                                                           Article 2
Whereas the objective of the tendering procedure can                  A tender shall be valid only if it relates to an amount
only be attained if the successful tenderers fulfil all               of not less than 250 metric tons .
the commitments entered into at the moment of
lodging his tender ; whereas among these commit­
ments is the obligation to lodge an application for an                                         Article 3
export licence ; whereas the security for tender
exacted when the tender is lodged can ensure that this                When the commitment mentioned in Article 2 (3) (b)
obligation is respected ; whereas in default this secu­               of Regulation (EEC) No 3130/73 is not respected the
rity shall not be released if such an application has                 export licence shall not be issued and, in
not been made ;                                                       consequence, the security exacted under the provi­
                                                                      sions of Article 3 of that Regulation shall be forfeit.
Whereas, in order to ensure equal treatment to                all
interested parties, it is necessary to provide that          the
effective period of validity of licences issued under        the                               Article 4
tendering procedure to successful tenderers will              be
identical ;
                                                                       By way of derogation from the provisions of Article 8
                                                                      ( 1 ) of Regulation (EEC) No 1373/70 (6), the export
Whereas the smooth working of a procedure for                          licences issued under Article 8 ( 1 ) of Regulation (EEC)
tendering for export levies must be ensured ; whereas                  No 3130/73 shall be considered for the purpose of
                                                                      determining their period of validity, as if they had
(')  OJ No  117, 19 . 6.  1967, p . 2269/67.                          been issued on the day on which the tender was
(2 ) OJ No  L 141 , 28 .  5. 1973, p. 8 .
(3)  OJ No  L 201 , 21 .  7. 1973 , p . 10 .                           lodged.
(4)  OJ No  L 272, 29 .   9 . 1973 , p . 18 .
(5)  OJ No  L 319, 20 .   11 . 1973, p. 10 .                          (6) OJ No L 158 , 20 . 7. 1970, p . 1 .
 ---pagebreak--- No L 337/ 18                        Official Journal of the European Communities                              6 . 12 . 73
                        Article 5                              latest one and a half hours after the end of the period
                                                               for the weekly lodging of tenders as provided for in
1 . When the obligation to export has not been                 the notice of the tender. They must be communicated
fulfilled, the security mentioned in Article 3 ( 1 ) of        in the form indicated in the Annex .
Regulation (EEC) No 3130/73 shall be forfeit in
respect of a quantity equal to the difference between         When there are no tenders, Member States shall
93 % of the net quantity indicated on the export               inform the Commission of this within the time limit
licence, and the net quantity actually exported.               indicated in the preceding paragraph .
2.     However, if this exported quantity is less than
                                                                                        Article 7
7 % of the net quantity indicated on the licence, the
security shall be forfeit in totality.                         During the period in which Summer Time applies in
3.     On request by the titular holder, Member States         Italy, the times fixed for the lodging of offers shall be
may release parts of the security in proportion to the         regarded in that Member State as extended by one
quantities of product for which the proof of export, in        hour. During the period during which Summer Time
accordance with Article 7 ( 1 ) of Regulation (EEC) No         does not apply in the United Kingdom and in
3130/73, has been delivered and in so far as that proof        Ireland, the times fixed for the lodging of offers shall
provides evidence that a quantity equal to at least 7 %        be regarded in those Member States as brought
of the net quantity indicated on the licence has been          forward by one hour.
exported .
                                                                                        Article 8
                        Article 6
                                                               This Regulation shall enter into force the day
The tenders lodged must reach the Commission                   following its publication in the Official Journal of
through the intermediary of Member States at the               the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 5 December 1973 .
                                                                         For the Commission
                                                                             The President
                                                                        Francois-Xavier ORTOLI
 ---pagebreak--- 6 . 12 . 73                  Official Journal of the European Communities                               No L 337/ 19
                                                     ANNEX
                             Weekly tender for the export levy for common wheat
                                            Notice of tender No
                             Expiry of the period for lodging tenders (date/time)
                    1                  2                                         3
            Numbering of the      Quantity in                Amount of export levy in national currency
                tenders           metric tons                             per metric ton
                   1
                   2
                   3
                   4
                   5
                  etc.