CELEX: 31975R0341
Language: en
Date: 1975-02-13 00:00:00
Title: Regulation (EEC) No 341/75 of the Commission of 12 February 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)

13 . 2 . 75                                 Official Journal of the European Communities                           No L 39 / 11
                                 REGULATION ( EEC) No 341 /75 OF THE COMMISSION
                                                         of 12 February 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                                        Commission Regulation (EEC) No 279/75 (9) of 4
COMMUNITIES,                                                          February 1975 laying down detailed rules for the appli­
                                                                      cation of the system of tendering for export refunds
                                                                      on cereals ;
Having regard to the Treaty establishing the European
Economic Community ;
                                                                      Whereas the objective of the tendering procedure can
                                                                      be attained only if every successful tenderer fulfils all
Having regard to Council Regulation No 120/                           the commitments entered into by him when submit­
67/ EEC (') of 13 June 1967 on the common organiza­                   ting his tender ; whereas these commitments include
tion of the market in cereals, as last amended by Regu­               an obligation to lodge an application for an export
lation (EEC) No 85/75 (2 ) ;                                          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 ;
1 968 /73 (3 ) of 19 July 1973 laying down general rules
to be applied in the event of the cereals market being                Whereas, in order to ensure equal treatment to all
disturbed, as last amended by Regulation ( EEC) No                    concerned, it is necessary to make provision such that
86/75 (4 ), and in particular Article 4 (2) thereof ;                  the effective period of validity of licences issued to
                                                                       successful tenderers in connection with the invitation
                                                                       to tender is identical ;
Having regard to Council Regulation ' No 139/
67/ EEC (5 ) of 21 June 1967 laying down general rules
for granting export refunds on cereals and criteria for               Whereas provision must be made to ensure the
fixing the amount of such refunds, as last amended by                  smooth operation of the procedure for tendering for
Regulation ( EEC) No 87/75 (6), and in particular                      export levies and refunds ; whereas to this end it is
Article 4a thereof ;                                                   appropriate to prescribe a minimum quantity to be
                                                                       tendered   for and a time        limit and form  for the
                                                                       communication of tenders submitted to the compe­
Whereas, having regard to the current situation on the                 tent authorities ;
cereals marked, 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 1968 /73 and for the export                       ment Committee for Cereals ,
refund provided for in Article 4a of Regulation No
 139/67/ EEC ; whereas there is a requirement for
wheat in certain markets and in order to ensure their
supply the invitation to tender for export should be                   HAS ADOPTED THIS REGULATION :
limited to the markets concerned , which are situated
in Zone V (a) as defined in the Annex to Commission
Regulation (EEC) No 941 / 72 ( 7) of 5 May 1972 rede­                                           A rticlc 1
fining the destination zones for export refunds on
cereals and rice ;                                                      1 . Tenders shall be invited for the export levy
                                                                       provided for in the first indent of Article 2 ( 1 ) of
Whereas the detailed rules governing invitations to                    Council Regulation ( EEC) No 1968 /73 and/or the
tender are as regards the export levy contained in                     export refund provided for in Article 4a of Regulation
                                                                        No 139 / 67/ EEC .
Commission Regulation ( EEC) No 31 30/73 (s) of 16
 November 1973 establishing the conditions for the
                                                                       2.     The invitation to tender shall relate to common
application of the system of tendering for export
levies on cereals and as regards the export refund in                  wheat for export to countries of Zone V (a) as defined
                                                                        in the Annex to Regulation ( EEC) No 941 /72.
(')  OJ  No   117, 19 . 6 . 1967, p . 2269 / 67 .
(2)  OJ  No   L 11 , 16 . 1 . 1975, p. 1 .                             3 . The invitation shall remain open until 24 April
(3)  OJ  No   L 201 , 21 . 7 . 1 973 , p. 10 .                          1975 . During this period weekly awards shall be
(4 ) OJ  No   L 1 1 , 16 . 1 . 1975, p. 2 .                             made , the time limits for the submission of tenders to
(5 ) OJ  No   125, 26 . 6 . 1967, p . 2453 / 67 .
(6)  OJ  No   L 11 , 16 . 1 . 1975 , p. 3 .                            be as prescribed in the notice of invitation to tender.
( 7) OJ  No   L 107, 6 . 5 . 1972, p . 10 .
( s) OJ  No   L 319 , 20 . 11 . 1973 , p . 10 .                        (9) OJ No L 31 , 5 . 2. 1975 , p. 8 .
 ---pagebreak---   No L 39/ 12                          Official Journal of the European Communities                              13 . 2 . 75
                           Article 2                              No 3130/73 and ( EEC) No 279/75 shall be forfeit in
                                                                  respect of a quantity equal to the difference between
  A tender shall be valid only if it relates to an amount         93 % of the net quantity indicated on the export
  of not less than 5 000 metric tons .
                                                                 licence and the net quantity actually exported .
                           Article 3                             2.     However, if the quantity exported is less than
                                                                 7 % of the net quantity indicated on the licence, the
  1 . The security referred to in Article 3 of Regula­           security shall be forfeit in its entirety.
  tion (EEC) No 3130/73 and of Regulation (EEC) No
  279/75 shall be 15 units of account per metric ton .           3.     On request by the titular holder of the licence,
  2.      By way of derogation from Article 7 ( 1 ) of Regu­     Member States may release the security by instalments
  lations (EEC) No 3130/73 and (EEC) No 279/75, the              in proportion to the quantities of product for which
  security provided for in paragraph 1 shall subject to          proof of exportation as referred to in Article 7 (1 ) of
  force majeure be released only in respect of any quan­         Regulations ( EEC) No 3130/73 and (EEC) No 279/75
  tity for which the tender was not accepted or for              has been furnished, provided that such proof esta­
  which the tenderer furnishes proof of arrival at its           blishes that a quantity equal to at least 7 % of the net
  destination , such proof to be furnished as provided in        quantity indicated on the licence has been exported .
  the second, third and fourth subparagraphs of Article
  8 ( 1 ) of Regulation No 1041 /67/ EEC (').
                                                                                          Article 8
                           Article 4
                                                                 The tenders submitted must reach the Commission
 The zone of destination as specified in Article 1 (2)           through the intermediary of Member States at the
 shall be indicated in section 13 of the licence applica­        latest one and a half hours after expiry of the period
 tion and of the licence itself. The issue of a licence          for the weekly submission of tenders as specified in
 shall carry with it the obligation to export to that desti­     the notice of invitation to tender. They must be
 nation .                                                        communicated in the form indicated in the Annex .
                           Article 5                             If no tenders are received , Member States shall inform
                                                                 the Commission of this within the time limit indi­
 It a tenderer fails to comply' with the undertaking             cated in the preceding paragraph .
 given by him pursuant to Article 2 (3) (b) of Regula­
 tions ( EEC) No 3130/ 73 and (EEC) No 279/75, no
 export licence shall be issued and the security lodged                                  Article 9
 pursuant to Article 3 of those Regulations shall accord­
 ingly be forfeit.
                                                                 During the period in which Summer Time applies in
                                                                 Italy, the times fixed for the submission of tenders
                          Article 6                              shall be regarded in that Member State as extended by
                                                                 one hour. During the period during which Summer
  1.     By way of derogation from the provisions of             Time does not apply in the United Kingdom and in
 Article 8 ( 1 ) of Regulation ( EEC) No 1373 /70 (2 ),          Ireland , the times fixed for the submission of tenders
 export licences issued under Article 8 ( 1 ) of Regula­         shall be regarded in those Member States as brought
 tion (EEC) No 3130/73 or under the like provision of            forward by one hour.
 Regulation ( EEC) No 279 /75 shall for the purpose of
 determining their period of validity be deemed to
 have been issued on the day on which the tender was
 submitted .                                                                             Article 10
 2.      Export licences issued in connection with the           1 . By way of derogation from Article 5 of Regula­
 invitation to tender pursuant to this Regulation shall          tions (EEC) No 3130/73 and ( EEC) No 279/75, the
 be valid from their date of issue as defined in the prev­       Commission shall decide, under the procedure laid
 ious paragraph until the end of the fourth month                down in Article 26 of Regulation No 120/67/ EEC :
 following that of issue .
                                                                 — to fix a maximum export refund , taking account in
                          Article 7                                  particular of the criteria laid down in Articles 2
                                                                     and 3 of Regulation No 139/67/ EEC, or
 1.      If the obligation to export is not fulfilled, the       — to fix a minimum export levy, taking account in
security mentioned in Article 3 of Regulations ( EEC)                particular of the criteria laid down in Article 3 ( 1 )
                                                                     (b) and (d) of Regulation ( EEC) No 1968 /73 , or
(') OJ No 314, 23 . 12 . 1967, p . 9 .
I2) OJ No L 158, 20. 7. 1970, p. 1 .                             — to make no award .
 ---pagebreak--- 13 . 2 . 75                       Official Journal of the European Communities                       No L 39 / 13
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 .                                                                         v
             Done at Brussels, 12 February 1975.
                                                                     For the Commission
                                                                       P.J. LARDINOIS
                                                                  Member of the Commission
 ---pagebreak--- No L 39/ 14                    Official Journal of the European Communities                              13 . 2. 75
                                                      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 lodging tenders (date/time)
                                                          I
                      1                  2                                        3
               Numbering of           Quantity                Amount of export levy in national currency
                  tenders          in metric tons                          per metric ton
                      1
                     2
                     3
                     4
                     5
                    etc.                                                                  '
                                                          II
                     l                   2                                       3
               Numbering of           Quantity              Amount of export refund in national currency
                  tenders          in metrt tons                          per metric ton
                     1
                     2
                     3
                     4
                     5
                   etc .