CELEX: 31982R1508
Language: en
Date: 1982-06-15 00:00:00
Title: Commission Regulation (EEC) No 1508/82 of 11 June 1982 opening an invitation to tender for the levy and/or refund for the export of common wheat to countries of Zone IV

No L 168 / 10                        Official Journal of the European Communities                                15. 6. 82
                                 COMMISSION REGULATION (EEC) No 1508/82
                                                    of 11 June 1982
               opening an invitation to tender for the levy and/or refund for the export of
                                        common wheat to countries of Zone IV
THE COMMISSION OF THE EUROPEAN                                 application for an export licence ; whereas compliance
COMMUNITIES,                                                   with this obligation may be ensured by requiring
                                                               tenderers to lodge a tendering security of 12 ECU per
Having regard to the Treaty establishing the European          tonne when they submit their tenders ;
Economic Community,
                                                               Whereas, in order to ensure equal treatment to all
                                                               concerned, it is necessary to make provision such that
Having regard to Council Regulation (EEC) No                    the periods of validity of licences issued are identical ;
2727/75 of 29 October 1975 on the common organi­
zation of the market in cereals ('), as last amended by
Regulation (EEC) No 3808/81 (2),                               Whereas, in order to ensure the smooth operation of
                                                                the tendering procedure, it is appropriate to prescribe
                                                                a minimum quantity to be tendered for and a time
Having regard to Council Regulation (EEC) No                    limit and form for the communication of tenders
2747/75 of 29 October 1975 laying down general rules            submitted to the competent authorities ;
to be applied in the event of the cereals market being
disturbed (3), as last amended by Regulation (EEC) No           Whereas the measures provided for in this Regulation
2560/77 (4), and in particular Article 2 (1 ) thereof,          are in accordance with the opinion of the Management
                                                                Committee for Cereals,
Having regard to Council Regulation (EEC) No
2746/75 of 29 October 1975 laying down general rules
for granting export refunds on cereals and criteria for
fixing the amount of such refunds (*), and in particular        HAS ADOPTED THIS REGULATION :
Article 5 thereof,
                                                                                         Article 1
Whereas, in view of the current situation on the
cereals market, an invitation should be opened in
respect of common wheat to tender for the export levy            1 . Tenders shall be invited for the export levy
provided for in the first indent of Article 2 (1 ) of            provided for in the first indent of Article 2 (1 ) of
Regulation (EEC) No 2747/75 and/or for the export                Regulation (EEC) No 2747/75 and/or the export
refund provided for in Article 5 of Regulation (EEC)             refund provided for in Article 2 of Regulation (EEC)
 No 2746/75 ; whereas there is demand for common                 No 2746/75 .
wheat on certain specific markets ; whereas, in order to
                                                                 2.    The invitation to tender shall relate to common
 ensure supply, the invitation to tender for export
 should be limited to Zone IV ;                                  wheat for export to the countries of Zone IV as
                                                                 defined in Annex I to Regulation (EEC) No 1124/77.
Whereas the detailed procedural rules governing invi­            3.    The invitation shall remain open until 30 June
 tations to tender are, as regards the fixing of the export      1983 . During this period weekly awards shall be made,
 levy, laid down in Commission Regulation (EEC) No               for which the time limits for the submission of tenders
 3130/73 (®), as amended by Regulations (EEC) No                 shall be as prescribed in the notice of invitation to
 278/75 Q and (EEC) No 771 /75 (8), and, as regards the          tender.
 fixing of the export refund, in Commission Regulation
 (EEC) No 279/75 (9), as amended by Regulation (EEC)
 No 2944/78 (^ ; j whereas the commitments on the                                        Article 2
 part of the tenderer include an obligation to lodge an
                                                                 A tender shall be valid only if it relates to an amount
 (>) OJ No L 281 , 1 . 11 . 1975, p. 1 .                          of not less than 1 000 tonnes .
 (2) OJ No L 382, 31 . 12. 1981 , p. 37.
 (3) OJ No L 281 , 1 . 11 . 1975, p. 82.
 O OJ No L 303, 28 . 11 . 1977, p. 1 .                                                   Article 3
 O OJ No L 281 , 1 . 11 . 1975, p. 78 .
 («) OJ No L 319, 20. 11 . 1973, p. 10.
 0 OJ No L 31 , 5. 2. 1975, p. 7.                                 The security referred to in Article 3 of Regulation
 (8) OJ No L 77, 26. 3 . 1975, p. 13 .                            (EEC) No 3130/73 and in Article 3 of Regulation
 (») OJ No L 31 , 5. 2. 1975, p. 8 .
 H OJ No L 351 , 15. 12. 1978 , p. 16.                            (EEC) No 279/75 shall be 12 ECU per tonne.
 ---pagebreak--- 15. 6. 82                            Official Journal of the European Communities                        No L 168/ 11
                         Article 4                             maximum export refund and to any tenderer who has
                                                               tendered for an export levy.
1 . Nothwithstanding Article 21 ( 1 ) of Regulation
(EEC) No 3183/80 ('), export licences issued under             Where a minimum export levy is fixed, a contract
Article 8 (1 ) of Regulation (EEC) No 3130/73 or under         shall be awarded to any tenderer whose tender indi­
Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, for       cates a rate of levy equal to or greater than such
the purpose of determining their period of validity, be        minimum export levy.
deemed to have been issued on the day on which the
tender was submitted.
                                                                                      Article 6
2. Export licences issued in connection with the
invitation to tender pursuant to this Regulation shall
                                                               Tenders    submitted   must   reach   the  Commission
be valid from their date of issue, as defined in para­
graph 1 , until the end of the fourth month following          through the intermediary of Member States at the
that of issue .                                                latest one and a half hours after expiry of the period
                                                               for the weekly submission of tenders as specified in
                         Article 5
                                                               the notice of invitation to tender. They must be
                                                               communicated in the form indicated in the Annex.
 1 . Notwithstanding Article 5 of Regulation (EEC)
No 3130/73 and Article 5 of Regulation (EEC) No                If no tenders are received, Member States shall inform
279/75, the Commission shall decide, under the                 the Commission of this within the time limit indi­
procedure laid down in Article 26 of Regulation (EEC)          cated in the preceding paragraph.
No 2727/75 :
— to fix a maximum export refund, taking account in                                   Article 7
     particular of the criteria laid down in Articles 2
     and 3 of Regulation (EEC) No 2746/75, or                  The time limits fixed for the submission of tenders
— to fix a minimum export levy, taking account in              shall correspond to Belgian time.
     particular of the criteria laid down in Article 3 ( 1 )
     (b) and (d) of Regulation (EEC) No 2747/75, or
— to make no award.                                                                   Article 8
2. Where a maximum export refund is fixed, a                   This Regulation shall enter into force on the day follo­
contract shall be awarded to any tenderer whose tender         wing its publication in the Official Journal of the
indicates a rate of refund equal to or less than such           European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 11 June 1982.
                                                                         For the Commission
                                                                           Poul DALSAGER
                                                                     Member of the Commission
 (') OJ No L 388 , 13 . 12. 1980, p. 1 .
 ---pagebreak--- No L 168/ 12                     Official Journal of the European Communities                       15. 6. 82
                                                       ANNEX
           Weekly tender for the levy/refund for the export of common wheat to countries of Zone IV
                                (Closing date for the submission of tenders (date/time))
                                                           I
                     1                      2                                     3
             Number of tenderer         Quantity                       Amount of export levy
                                       in tonnes                  in national currency per tonne
                     1
                     2
                     3
                     4
                     5
                   etc.
                                                          II
                      1                     2                                     3
             Number of tenderer          Quantity                     Amount of export refund
                                        in tonnes                  in national currency per tonne
                      1
                     2
                      3
                     4
                      5
                    etc .