CELEX: 31975R3275
Language: en
Date: 1975-12-17
Title: Regulation (EEC) No 3275/75 of the Commission of 16 December 1975 on an invitation to tender for the levy and/or the refund for the export of common wheat to the countries of Zone V (a)

No L 325/ 10                                 Official Journal of the European Communities                             17. 12. 75
                               REGULATION ( EEC) No 3275/75 OF THE COMMISSION
                                                          of 16 December 1975
                                                                                                                   >
               on an invitation to tender for the levy and/or the refund for the export of
                                         common wheat to the countries of Zone V (a)
THE COMMISSION OF THE EUROPEAN                                          the commitments entered into by him when submit­
COMMUNITIES,                                                            ting his tender ; whereas these commitments include
                                                                        an obligation to lodge an application for an export
Having regard to the Treaty establishing the European
Economic Community ;
                                                                        licence ; whereas compliance with this obligation may
                                                                        be ensured by requiring the tenderer to give security
Having regard to Council Regulation (EEC) No                            when submitting his tender ;
2727/75 (') of 29 October 1975 on the common organ­
ization of the market in cereals ;                                      Whereas, in order to ensure equal treatment to all
Having regard to Council Regulation (EEC) No                            concerned, it is necessary to make provision such that
2747/75 (2 ) of 29 October 1975 laying down general                     the effective period of validity of licences issued to
                                                                        successful tenderers in connection with the invitation
rules to be applied in the event of the cereals market
                                                                        to tender is identical ;
being disturbed, and in particular Article 4 (2)
thereof ;
                                                                        Whereas provision must be made to ensure the
Having regard to Council Regulation (EEC) No                            smooth operation of the procedure for tendering for
2746/75 (3 ) of 29 October 1975 laying down general                     export levies and refunds ; whereas to this end it is
rules for granting export refunds on cereals and                        appropriate to prescribe a minimum quantity to be
criteria for fixing the amount of such refunds, and in                  tendered   for and a time limit and form for the
particular Article 5 thereof ;                                          communication of tenders submitted to the compe­
Whereas, having regard to the current situation on the                  tent authorities ;
cereals market, there should be opened in respect of
common wheat an invitation to tender for the export                     Whereas the measures provided for in this Regulation
levy provided for in the first indent of Article 2 ( 1 ) of             are in accordance with the Opinion of the Manage­
Regulation (EEC) No 2747/75 and for the export                          ment Committee for Cereals,
refund provided for in Article 5 of Regulation (EEC)
No 2746/75 ; whereas in order to safeguard Commu­
nity supplies whilst at the same time participating in
the supply of certain markets, the invitation to tender                 HAS ADOPTED THIS REGULATION :
for export should be limited to the markets
concerned, which are situated in Zone V (a) as defined
in the Annex to Commission Regulation (EEC) No
                                                                                                 Article 1
941 /72 (4 ) of 5 May 1972 redefining the destination
zones for export refunds on cereals and rice ;
                                                                        1 . Tenders shall be invited for the export levy
Whereas the detailed rules governing invitations to                     provided for in the first indent of Article 2(1 ) of
tender are as regards the export levy contained in                      Council Regulation (EEC) No 2747/75 and/or the
Commission Regulation (EEC) No 31 30/73 (5) of 16                       export refund provided for in Article 5 of Regulation
November 1973 establishing the conditions for the                       (EEC) No 2746/75.
application of the systems of tendering for export
levies on cereals, as last amended by Regulation (EEC)                  2.    The invitation to tender shall relate to common
No 771 / 75 (6), and as regards the export refund in
Commission Regulation ( EEC) No 279/75 (7) of 4                         wheat for export to countries of Zone V (a) as defined
February 1975 laying down detailed rules for the appli­                 in the Annex to Regulation (EEC) No 941 /72.
cation of the system of tendering for export refunds
on cereals ;                                                            3 . The invitation shall remain open until 20 May
                                                                        1976 . During this period weekly awards shall be
Whereas the objective of the tendering procedure can                    made , the time limits for the submission of tenders to
be attained only if every successful tenderer fulfils all               be as prescribed in the notice of invitation to tender.
(') OJ No L 281 , 1 . 1 1 . 1975, p. 1 .
I1) OJ No L 28 1 , 1 . 11 . 1975, p. 82.
(3 ) OJ No   L 281 , 1 . 11 . 1975, p. 78 .                                                      Article 2
( 4) OJ No   L 107, 6. 5 . 1972, p. 10 .
(5 ) OJ No   L 319 , 20 . 11 . 1973, p . 10 .
(h)  OJ No   L 77 , 26 . 3 . 1975 , p . 13 .                            A tender shall be valid only if it relates to an amount
( 7) OJ No   L 31 , 5 . 2 . 1975, p. 8 .                                of not less than 500 metric tons .
 ---pagebreak--- 17 . 12 . 75                          Official Journal of the European Communities                          No L 325/ 11
                           Article 3                             in proportion to the quantities of product for which
                                                                 proof of exportation as referred to in Article 7(1 ) of
 1 . The security referred to in Article 3 of Regula­
tion ( EEC) No 3130/73 and of Regulation (EEC) No                Regulations (EEC) No 3130/73 and (EEC) No 279/75
279/75 shall be 20 units of account per metric ton .             has been furnished, provided that such proof esta­
                                                                 blishes that a quantity to at least 7 % of the net quan­
2.       By way of derogation from Article 7 ( 1 ) of Regula­    tity indicated on the licence has been exported.         /
tions (EEC) No 3130/73 and (EEC) No 279/75, the
security provided for in paragraph 1 shall subject to                                     Article 8
force majeure be released only in respect of any quan­
tity for which the tender was not accepted or for                The tenders submitted must reach the Commission
which the tenderer furnishes proof of arrival at its             through the intermediary of Member States at the
destination , such proof to be furnished as provided in          latest one and a half hours after expiry of the period
the second, third and fourth subparagraphs of Article            for the weekly submission of tenders as specified in
 11 ( 1 ) of Regulation ( EEC) No 192/75 0 ).                    the notice of invitation to tender. They must be
                                                                 communicated in the form indicated in the Annex.
                           Article 4
                                                                 If no tenders are received, Member States shall inform
The zone of destination as specified in Article 1 (2)            the Commission of this within the time limit indi­
shall be indicated in section 13 of the licence applica­         cated in the preceding paragraph .
tion and of the licence itself. The issue of a licence
shall carry with it the obligation to export to that desti­                               A rticle 9
nation .
                                                                 During the period in which summer time applies in
                           Article 5
                                                                 Italy, the times fixed for the submission of tenders
If a tenderer fails to comply with the undertaking               shall be regarded in that Member State as extended by
given by him pursuant to Article 2 (3) (b) of Regula­            one hour. During the period during which summer
tion ( EEC) No 3130/73 and (EEC) No 279/75, no                   time does not apply in the United Kingdom and in
export licence shall be issued and the security lodged           Ireland , the times fixed for the submission of tenders
pursuant to Article 3 of those Regulations shall accord­         shall be regarded in those Member States as brought
ingly be forfeit.                                                forward by one hour.
                           Article 6                                                     Article 10
 1 . By way of derogation from the provisions of                 1 . By way of derogation from Article 5 of Regula­
Article 9 ( 1 ) of Regulation ( EEC) No 193/75 (2), export       tions (EEC) No 3130/73 and (EEC) No 279/75, the
licences issued under Article 8 ( 1 ) of Regulation (EEC)        Commission shall decide, under procedure laid down
No 3130/73 or under the like provision of Regulation             in Article 26 of Regulation (EEC) No 2727/75 :
(EEC) No 279/75 shall for the purpose of determining
their period of validity be deemed to have been issued           — to fix a maximum export refund, taking account in
on the day on which the tender was submitted .                       particular of the criteria laid down in Articles 2
                                                                     and 3 of Regulation ( EEC) No 2746/75, or
2.       Export licences issued in connection with the
invitation to tender pursuant to this Regulation shall          — to fix a minimum export levy, taking account in
be valid from their date of issue, as defined in the                 particular of the criteria laid down in Article
previous paragraph until the end of the fourth month                 3(1 ) (b) and (d) of Regulation (EEC) No 2747/75,
                                                                     or
following that of issue.
                                                                 — to make no award .
                           Article 7
                                                                 2. Where a maximum export refund is fixed a
 1.      If the obligation to export is not filfilled, the       contract shall be awarded to any tenderer whose
security mentioned in Article 3 of Regulations (EEC)             tender indicates a rate of refund equal to or less than
No 3130/73 and (EEC) No 279/75 shall be forfeit in               such maximum export refund and to any tenderer
respect of a quantity equal to the difference between            who has tendered for an export levy.
93 % of the net quantity indicated on the export
licence and the net quantity actually exported .                 Where a minimum export levy is fixed a contract
                                                                 shall be awarded to any tenderer whose tender indi­
2.       However, if the quantity exported is less than          cates a rate of levy equal to or greater than such
7 % of the net quantity indicated on the licence, the            minimum export levy.
security shall be forfeit in its entirety.
3.       On request by the titular holder of the licence,                                Article 11
Member States may release the security by instalments
                                                                 This Regulation shall enter into force on the day
(') OJ No L 25, 31 . 1 . 1975, p. 1 .                            following its publication in the Official Journal of
(2) OJ No L 25, 31 . 1 . 1975, p. 10.                            the European Communities.
 ---pagebreak--- No L 325/ 12                     Official Journal of the European Communities                                17 . 12 . 75
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 16 December 1975 .
                                                                          For the Commission
                                                                             P. J. LARDINOIS
                                                                     Member of the Commission
                                                         ANNEX
            Weekly tender for the levy/ refund for the export of common wheat to the countries of
                                                       Zone V (a)
                              Expiry of the period for the submission of tenders (date/time)
                                                             I
                        1                    2                                       ,?
                    Number of             Quantity               Amount of export levy in national currency
                     tender           in metric tons                          per metric ton
                        1
                        2
                        i
                                                      \
                        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      ||I
                       etc.