CELEX: 31974R2742
Language: en
Date: 1974-10-30 00:00:00
Title: Regulation (EEC) No 2742/74 of the Commission of 30 October 1974 on an invitation to tender for the levy for the export of common wheat to the Republic of India

No L 292/34                              Official Journal of the European Communities                             31 . 10 . 74
                             REGULATION (EEC) No 2742/74 OF THE COMMISSION
                                                       of 30 October 1974
              on an invitation to tender for the levy for the export of common wheat to the
                                                        Republic of India
THE COMMISSION OF THE EUROPEAN                                      could be jeopardized if the period of validity for
COMMUNITIES,                                                        export licences were too short ; whereas use should
Having regard to the Treaty establishing the European               therefore be made of the powers provided under the
Economic Community ;                                                second subparagraph of Article 1 ( 1 ) of Regulation
Having regard to Council Regulation No 120/                         (EEC) No 3130/73 to fix a special period of validity
                                                                    for licences issued in connection with the invitation
67/EEC (') of 13 June 1967 on the common organiza­
                                                                    to tender ;
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1 996/74 (2) ;                                      Whereas provision must be made to ensure the
Having regard to Council Regulation (EEC) No                        smooth operation of the procedure for tendering for
1 968/73 (3) of 19 July 1973 laying down general rules              export levies ; whereas to this end it is appropriate to
to be applied in the event of the cereals market being              prescribe a minimum quantity to be tendered for and
disturbed, as last amended by Regulation (EEC) No                   a time limit and form for the communication of
676/74 (4), and in particular Article 4 thereof ;                   tenders lodged with the competent authorities and to
Whereas the world market in common wheat is char­                   provide that rights in respect of licences issued in
acterized by a continuing rise in prices ; whereas this             connection with the invitation to tender should not be
rise is due in particular to a growing imbalance                    transferable ;
between supply and demand ; whereas the supply of
certain markets is especially threatened in                         Whereas the measures provided for in this Regulation
consequence ; whereas with a view to improving this                 are in accordance with the Opinion of the Manage­
situation there should be issued in respect of common               ment Committee for Cereals ,
wheat an invitation to tender for the export levy
provided for in the first indent of Article 2(1 ) of Regu­
                                                                     HAS ADOPTED THIS REGULATION :
lation (EEC) No 1968/73 , such invitation to be
limited so as to apply only in respect of the Republic
of India .                                                                                  Article 1
Whereas the detailed rules relating to the organization
of invitations to tender for the purpose of fixing the               1 . Tenders shall be invited for the export levy
export levy are contained in Commission Regulation                  provided for in the first indent of Article 2(1 ) of
(EEC) No 3130/73 (5) of 16 November 1973 esta­                      Council Regulation (EEC) No 1968 /73 .
blishing the conditions for the application of the                   2.    The invitation to tender shall relate to common
system of tendering for export levies for cereals ;
                                                                    wheat for export to the Republic of India .
Whereas the objective of the invitation to tender can
be attained only if a successful tenderer fulfils all the           3 . The invitation shall remain open until 19
commitments entered into by him when submitting                      December 1974. During this period weekly awards
his tender ; whereas these commitments include an                    shall be made , the time limits for the submission of
obligation to lodge an application for an export                     tenders being as prescribed in the notice of the invita­
licence and to export to the prescribed destination ;                tion to tender.
whereas compliance with these obligations may be
ensured by requiring tenderers to give security when                                        Article 2
submitting their tenders ;
Whereas, in order to ensure equal treatment to all                  A tender shall be valid only if it relates to an amount
concerned, it is necessary to make provision such that              of not less than 10 000 metric tons .
the effective period of validity of licences issued to
successful tenderers in connection with the invitation
                                                                                            Article 3
to tender is identical :
Whereas the purpose of fixing an export levy by                      1.    By way of derogation from the second subpara­
means of a tendering procedure is to permit better                   graph of Article 3(1 ) of Regulation (EEC) No
management of the market ; whereas this objective                    3130/73 , the security to be provided in connection
                                                                     with the invitation to tender pursuant to this Regula­
(M OJ No 117, 19 . 6 . 1967, p . 2269/67 .                           tion shall be equal to 50 % of the export levy
(2 ) OJ No L 209 , 31 . 7 . 1974, p. 8 .                             proposed by the tenderer concerned and may in any
(3) OJ No L 201 , 21 . 7 . 1973 , p. 10 .
h) OJ No L 83, 28 . 3. 1974, p. 3.                                   event event not be less than 25 units of account per
(5 ) OJ No L 319 , 20 . 11 . 1973 , p . 10 .                         metric ton .
 ---pagebreak--- 31 . 10. 74                            Official Journal of the European Communities                          No L 292/35
 2. By way of derogation from the provisions of                   2. However, if the quantity exported is less than
Article 7 ( 1 ) of Regulation (EEC) No 3130/73, the secu­         7% of the net quantity indicated on the licence, the
 rity provided for in paragraph 1 shall, subject to force         security shall be forfeit in its entirety.
 majeure, be discharged only in respect of any quantity
 for which the tender was not accepted or for which               3.     On request by the titular holder of the licence,
 the tenderer furnishes proof of arrival at its destina­          Member States may discharge the security by instal­
 tion, such proof to be furnished as provided in the              ments in proportion to the quantities of product for
 second, third and fourth subparagraphs of Article 8 ( 1 )        which proof as referred to in Article 3 (2) has been
 of Regulation No 1041 /67/EEC.                                   furnished , provided that such proof establishes that a
                                                                  quantity equal to at least 7% of the net quantity indi­
 The security shall be discharged immediately.                    cated on the licence has been exported to the destina­
                                                                  tion in question .
                           Article 4
 The application for a licence and the licence itself                                        Article 8
 shall bear in box 13 the following words : 'Republic of
 India'. Every licence shall carry with it an obligation          In accordance with Article 8 (2) of Regulation (EEC)
•to export to that destination .                                  No 3130/73, rights in respect of export licences issued
                                                                  in connection with the invitation to tender pursuant
                           Article 5                              to this Regulation shall not be transferable .
 If a tenderer fails to comply with the undertaking                                          Article 9
 given by him pursuant to Article 2 (3) (b) of Regula­
 tion (EEC) No 3130/73, no export licence shall be                The tenders lodged must reach the Commission
 issued and the security provided pursuant to Article 3           through the intermediary of Member States at the
 of that Regulation shall accordingly be forfeit.                 latest one and a half hours after expiry of the period
                                                                  for the weekly lodging of tenders as specified in the
                           Article 6                              notice of the invitation to tender. They must be
                                                                  communicated in the form indicated in the Annex .
  1 . By way of derogation from the provisions of
 Article 8 ( 1 ) of Regulation (EEC) No 1373/70 (*),              When no tenders are received , Member States shall
 export licences issued under Article 8 ( 1 ) of Regula­          inform the Commission of this within the time limit
 tion (EEC) No 3130/73 shall for the purpose of dete­             indicated in the preceding paragraph .
 mining their period of validity be deemed to have
 been issued on the day on which the tender was                                             Article 10
 lodged .
 2. Export licences issued in connection with the                  During the period in which Summer Time applies in
 invitation to tender pursuant to the Regulation shall             Italy, the times fixed for the submission of tenders
 be valid from their date of issue, as defined in the             shall be regarded in that Member State as extended by
 previous paragraph, until the end of the sixth month             one hour. During the period during which Summer
 following that of issue.                                         Time does not apply in the United Kingdom and in
                                                                   Ireland , the times fixed for the submission of tenders
                           Article 7
                                                                   shall be regarded in those Member States as brought
                                                                   forward by one hour.
  1 . Where the obligation to export to the prescribed
 destination has not been fulfilled, the security                                            Article 11
  mentioned in Article 3 ( 1 ) shall be forfeit in respect of
 a quantity equal to the difference between 93% of the            This Regulation shall enter into force on the day
  net quantity indicated on the export licence and the             following its publication in the Official Journal of
  net quantity actually exported.                                  the European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 30 October 1974 .
                                                                              For the Commission
                                                                                  The President
                                                                             Francois-Xavier ORTOLI
  (>) OJ No L 158 , 20 . 7. 1970, p. 1 .
 ---pagebreak--- No L 292/36              Official Journal of the European Communities                         31 . 10. 74
                                             ANNEX
                 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.