CELEX: 31975R1840
Language: en
Date: 1975-07-18 00:00:00
Title: Regulation (EEC) No 1840/75 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 VII (a)

No L 187/ 16                             Official Journal of the European Communities                              18 . 7 . 75
                              REGULATION ( EEC) No 1840/75 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 VII (a)
THE COMMISSION OF THE EUROPEAN                                      No 771 /75 (9), and as regards the export refund in
COMMUNITIES,                                                        Commission Regulation (EEC) No 279/75 ( 10) of 4
                                                                    February 1975 laying down detailed rules for the appli­
Having regard to the Treaty establishing the European               cation of the system of tendering for export refunds
Economic Community ;                                                on cereals ;
Having regard to Council Regulation No 120/                         Whereas the objective of the tendering procedure can
67/ EEC (') of 13 June 1967 on the common organiza­                 be attained only if every successful tenderer fulfils all
tion of the market in cereals, as last amended by Regu­             the commitments entered into by him when submit­
lation (EEC) No 665/75 (2) ;                                        ting his tender ; whereas these commitments include
                                                                    an obligation to lodge an application for an export
Having regard to Council Regulation (EEC) No                        licence ; whereas compliance with this obligation may
1 968/73 (3) of 19 July 1973 laying down general rules              be ensured by requiring the tenderer to give security
to be applied in the event of the cereals market being              when submitting his tender ;
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
67/ EEC (5) of 21 June 1967 laying down general rules               successful tenderers in connection with the invitation
for granting export refunds on cereals and criteria for             to tender is identical ;
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 , which are situated in Zone VII (a) as
defined in the Annex to Commission Regulation
(EEC) No 941 /72 (7) of 5 May 1972 redefining the                   HAS ADOPTED THIS REGULATION :
destination zones for export refunds on cereals and
rice ;
                                                                                               Article 1
Whereas the detailed rules governing invitations to
tender are as regards the export levy contained in
                                                                     1 . Tenders shall be invited for the export levy
Commission Regulation (EEC) No 3130/73 (8) of 16
                                                                    provided for in the first indent of Article 2 ( 1 ) of
 November 1973 establishing the conditions for the
                                                                    Council Regulation (EEC) No 1968/73 and/or the
application of the system of tendering for export
                                                                    export refund provided for in Article 4a of Regulation
levies on cereals, as last amended by Regulation (EEC)               No 139 / 67/ EEC .
(')  OJ No  117, 19 . 6 . 1967, p. 2269 / 67 .
(-') OJ No  L 72, 20 . 3 . 1975, p. 14.                              2.    The invitation to tender shall relate to common
(■>) OJ No  L 201 , 21 . 7 . 1973 , p. 10 .                         wheat for export to countries of Zone VII (a) as
(4 ) OJ No  L 11 , 16 . 1 . 1975, p. 2 .                            defined in the Annex to Regulation (EEC) No 941 /72.
(5 ) OJ No  125, 26 . 6 . 1967, p. 2453 / 67.
(6)  OJ No  L 11 , 16 . 1 . 1975, p. 3 .
( 7) OJ No  L 107, 6. 5 . 1972, p. 10 .                             H OJ No L 77, 26 . 3 . 1975, p. 13 .
(s)  OJ No  L 319 , 20 . 11 . 1973 , p. 10 .                          I0) OJ No L 31 , 5 . 2. 1975, p . 8 .
 ---pagebreak---  18 . 7 . 75                            Official Journal of the European Communities                          No L 187/ 17
 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 filfilled, the
tenders to be as prescribed in the notice of invitation           security mentioned in Article 3 of Regulations (EEC)
to tender.                                                         No 3 1 30/73 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
 lations (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                                       A rticle 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
tions ( 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             tion (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 a maximum export refund, taking account in
 invitation to tender pursuant to this Regulation shall                particular of the criteria laid down in Articles 2
be valid from their date of issue , as defined in the                  and 3 of Regulation No 139/67/ EEC, or
previous 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 1968/73 , or
(') OJ No L 25, M. 1 . 1975, p . 1 .
{-') O ) No L 25 , M. I. 1975, p . 10 .                           — to make no award .
 ---pagebreak--- No L 187/ 18                      Official Journal of the European Communities                           18 . 7. 75
2. Where a maximum export refund is fixed a                 cates 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/ 19
                                                     ANNEX
           Weekly tender for the levy/ refund for the export of common wheat to the countries of
                                                  Zone VII (a)
                          Expiry of the period for the submission of tenders (date/time)
                                                         I
                     1                  2                                        i
                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.