CELEX: 31976R0318
Language: en
Date: 1976-02-13 00:00:00
Title: Commission Regulation (EEC) No 318/76 of 13 February 1976 on an invitation to tender for the levy and/or the refund for the export of common wheat to the countries of Zones II and III

14. 2. 76                                  Official Journal of the European Communities                          No L 39/ 19
                                      COMMISSION REGULATION (EEC) No 318/76
                                                        of 13 February 1976
              on an invitation to tender for the levy and/or the refund for the export of
                                   common wheat to the countries of Zones II and III
THE COMMISSION OF THE EUROPEAN                                        cation of the system of tendering for export refunds
COMMUNITIES,                                                          on cereals (8) ;
Having regard to the Treaty establishing the European                 Whereas the objective of the tendering procedure can
Economic Community,                                                   be attained only if every successful tenderer fulfils all
                                                                      the commitments entered into by him when submit­
Having regard to Council Regulation (EEC) No                          ting his tender ; whereas these commitments include
2727/75 of 29 October 1975 on the common organiza­                    an obligation to lodge an application for an export
tion of the market in cereals (1), as amended by Regula­              licence ; whereas compliance with this obligation may
tion (EEC) No 3058/75 (2),                                            be ensured by requiring the tenderer to give security
                                                                      when submitting his tender ;
Having regard to Council Regulation (EEC) No
2747/75 of 29 October 1975 laying down general                        Whereas, in order to ensure equal treatment to all
rules to be applied in the event of the cereals market                concerned, it is necessary to make provision such that
being disturbed (3), and in particular Article 4 (2)                  the effective period of validity of licences issued to
thereof,                                                              successful tenderers in connection with the invitation
                                                                      to tender is identical ;
Having regard to Council Regulation (EEC) No
2746/75 of 29 October 1975 laying down general
rules for granting export refunds on cereals and                      Whereas provision must be made to ensure the
criteria for fixing the amount of such refunds (4), and               smooth operation of the procedure for tendering for
in particular Article 5 thereof,                                      export levies and refunds ; whereas to this end it is
                                                                      appropriate to prescribe a minimum quantity to be
                                                                      tendered for and a time limit and form for the
Whereas, having regard to the current situation on the
cereals market, there should be opened in respect of                  communication of tenders submitted to the compe­
                                                                      tent authorities ;
common wheat an invitation to tender for the export
levy provided for in the first indent of Article 2(1 ) of
Regulation (EEC) No 2747/75 and for the export                        Whereas the measures provided for in this Regulation
refund provided for in Article 5 of Regulation (EEC)                  are in accordance with the opinion of the Manage­
No 2746/75 ; whereas, in order to safeguard Commu­                    ment Committee for Cereals,
nity supplies whilst at the same time participating in
the supply of certain markets, the invitation to tender
for export should be limited to the fnarkets
concerned, which are situated in Zones II and III as                  HAS ADOPTED THIS REGULATION :
defined in the Annex to Commission Regulation
(EEC) No 306/76 of 12 February 1976 redefining the
destination zones for export refunds or levies on                                              Article 1
cereals and rice (5) ;
                                                                      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 3130/73 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 system of tendering for export
levies on cereals (6), as last amended by Regulation
                                                                      2.    The invitation to tender shall relate to common
(EEC) No 771 /75 (7), and as regards the export refund
in Commission Regulation (EEC) No 279/75 of 4                         wheat for export to countries of Zones II and III as
February 1975 laying down detailed rules for the appli­               defined in the Annex to Regulation (EEC) No 306/76.
 ') UJ INO L /81 , 1 . 11 . iy / 3, p. 1 .                            3. The invitation shall remain open until 20 May
 2) OJ No L 306, 26. 11 . 1975, p. 3.                                  1976. During this period weekly awards shall be
 3) OJ No L 281 , 1 . 11 . 1975, p. 82.                               made, the time limits for the submission of tenders to
 4) OJ No L 281 , 1 . 11 . 1975, p. 78.                               be as prescribed in the notice of invitation to tender.
 5) OJ No L 38, 13. 2. 1976, p. 14.
 b) OJ No L 319, 20. 11 . 1975, p. 10.
 7) OJ No L 77, 26. 3 . 1975, p. 13.                                  (« OJ No L 31 , 5. 2. 1975, p. 8 .
 ---pagebreak--- No L 39/20                              Official Journal of the European Communities                             14. 2. 76
                          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 1 000 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 20 units of account per metric ton .               3 . On request by the titular holder of the licence,
                                                                   Member States may release the security by instalments
2. By way of derogation from Article 7 ( 1 ) of Regula­            in proportion to the quantities of product for which
tions (EEC) No 3130/73 and (EEC) No 279/75, the                    proof of exportation as referred to in Article 7 ( 1 ) of
security provided for in paragraph 1 shall subject to              Regulations (EEC) No 3130/73 and (EEC) No 279/75
force majeure be released only in respect of any quan­             has been furnished, provided that such proof esta­
tity for which the tender was not accepted or for                  blishes that a quantity equal to at least 7 % of the net
which the tenderer furnishes proof of arrival at its               quantity indicated on the licence has been exported.
destination, such proof to be furnished as provided in
the second, third and fourth subparagraphs of Article
 11 ( 1 ) of Regulation (EEC) No 192/75 0).
                                                                                           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 inviation to tender. They must be
                                                                   communicated in the form indicated in the Annex.
nation .
                                                                   If no tenders are received, Member States shall inform
                          Article 5                                the Commission of this within the time limit indi­
                                                                   cated in the preceding paragraph.
 If a tenderer fails to comply with the undertaking
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 ( 1 ) of those Regulations shall
 accordingly 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 9(1 ) of Regulation (EEC) No 193/75 (2), export            Ireland, the times fixed for the submission of tenders
 licences issued under Article 8 ( 1 ) of Regulation (EEC)         shall be regarded in those Member States as brought
 No 3130/73 or under the like provision of Regulation              forward by one hour.
 (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
                                                                   Commission shall decide, under the procedure laid
 previous paragraph until the end of the fourth month              down in Article 26 of Regulation (EEC) No 2727/75 :
 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 (EEC) No 2746/75,
  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(l)(b) and (d) of Regulation (EEC) No 2747/75,
 (>) OJ No L 25, 31 . 1 . 1975, p. 1 .
 (2) OJ No L 25, 31 . 1 . 1975, p. 10 .                            — to make no award .
 ---pagebreak--- 14. 2 . 76                        Official Journal of the European Communities                         No L 39/21
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, 13 February 1976.
                                                            ,          For the Commission •
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak--- No L 39/ 22                    Official Journal of the European Communities                                14. 2. 76
                                                      ANNEX
            Weekly tender for the levy/refund for the export of common wheat to the countries of
                                                   Zones II and III
                           Expiry of the period for the submission of tenders (date/time)
                                                           I
                      1                   2                                        3
                 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.