CELEX: 31975R3335
Language: en
Date: 1975-12-23 00:00:00
Title: Regulation (EEC) No 3335/75 of the Commission of 22 December 1975 on an invitation to tender for the levy and/or the refund for the export of common wheat to the countries of Zones VI and VII

No L 329 / 16                             Official Journal of the European Communities                             23 . 12 . 75
                               REGULATION (EEC) No 3335/75 OF THE COMMISSION
                                                       of 22 December 1975
                on an invitation to tender for the levy and/or the refund for the export of
                                  common wheat to the countries of Zones VI and VII
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
                                                                     licence ; whereas compliance with this obligation may
Economic Community ;
                                                                     be ensured by requiring the tenderer to give security
Having regard to Council Regulation (EEC) No                         when submitting his tender ;
2727/75 ( J ) 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 ;
Having regard to Council Regulation (EEC) No                         Whereas provision must be made to ensure the
2746/75 (3) of 29 October 1975 laying down general                   smooth operation of the procedure for tendering for
rules for granting export refunds on cereals and                     export levies and refunds ; whereas to this end it is
criteria for fixing the amount of such refunds, and in               appropriate to prescribe a minimum quantity to be
particular Article 5 thereof ;                                       tendered for and a time limit and          form for the
Whereas, having regard to the current situation on the               communication of tenders submitted to the compe­
cereals market, there should be opened in respect of                 tent authorities ;
common wheat an invitation to tender for the export
levy provided for in the first indent of Article 2(1 ) of            Whereas the measures provided for in this Regulation
Regulation (EEC) No 2747/75 and for the export                       are in accordance with the Opinion of the Manage­
refund provided for in Article 5 of Regulation (EEC)                  ment Committee for Cereals,
 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
 for export should be limited to the markets                          HAS ADOPTED THIS REGULATION :
concerned, which are situated in Zones VI and VII as
defined in the Annex to Commission Regulation
(EEC) No 941 /72 (4) of 5 May 1972 redefining the
                                                                                              Article 1
 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 3130/73 (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 system 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 Zones VI and VII as
 February 1975 laying down detailed rules for the appli­              defined 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 . 11 . 1975, p. 1 .
 (2) OJ No    L 281 , 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.
 (*) 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 5 000 metric tons.
 ---pagebreak--- 23 . 12 . 75                             Official Journal of the European Communities                          No L 329/ 17
                           A rticle 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 (*).                                                Article 8
                           Article 4                                The tenders submitted must reach the Commission
                                                                    through the intermediary of Member States at the
The zone of destination as specified in Article 1 (2)               latest one and a half hours after expiry of the period ;
shall be indicated in section 13 of the licence applica­            for the weekly submission of tenders as specified in
tion and of the licence itself. The issue of a licence              the notice of invitation to tender. They must be
shall carry with it the obligation to export to that desti­         communicated in the form "indicated in the Annex .
nation . •
                                                                    If no tenders are received, Member States shall inform
                                                                    the Commission of this within the time limit indi­
                           Article 5
                                                                    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
                                                                                             Article 9
tions ( EEC) No 3130/73 and (EEC) No 279/75, no
export licence shall be issued and the security lodged
 pursuant to Article 3 ( 1 ) of those Regulations shall             During the period in which summer time applies in
accordingly be forfeit.                                             Italy, the times fixed for the submission of tenders
                                                                    shall be regarded in that Member State as extended by
                                                                    one hour. During the period during which summer
                           Article 6                                time does not apply in the United Kingdom and in
                                                                    Ireland, the times fixed for the submission of tenders
 1 . By way of derogation from the provisions of                    shall be regarded in those Member States as brought
 Article 9(1 ) of Regulation (EEC) No 193/75 (2), export            forward by one hour.
 licences issued under Article 8 ( 1 ) of Regulation (EEC)
 No 3130/73 or under the like provision of Regulation
 (EEC) No 279 /75 shall for the purpose of determining                                       Article 10
 their period of validity be deemed to have been issued
 on the day on which the tender was submitted.
                                                                     1.    By way of derogation from Article 5 of Regula­
 2.      Export licences issued in connection with the               tions (EEC) No 3130/73 and (EEC) No 279/75, the
 invitation to tender pursuant to this Regulation shall              Commission shall decide, under the procedure laid
 be valid from their date of issue, as defined in the               down in Article 26 of Regulation (EEC) No 2727/75 :
 previous paragraph until the end of the fourth month               — to fix a maximum export refund, taking account in
 following that of issue.                                                particular of the criteria laid down in Articles 2
                                                                         and 3 of Regulation (EEC) No 2746/75,
                            Article 7                                — to fix a minimum export levy, taking account in
                                                                         particular of the criteria laid down in Article
  1.      If the obligation to export is not fulfilled, the              3(1 ) (b) and (d) of Regulation ( EEC) No 2747/75,
 security mentioned in Article 3 of Regulations (EEC)
                                                                     — to make no award .
 No 3130/73 and (EEC) No 279/75 shall be forfeit in
 respect of a quantity equal to the difference between
 93 % of the net quantity indicated on the export                    2. Where a maximum export refund is fixed a
 licence and the net quantity actually exported.                     contract shall be awarded to any tenderer whose
                                                                     tender indicates a rate of refund equal to or less than
 (') OJ No L 25 , 31 . 1 . 1975, p. 1 .                              such maximum export refund and to any tenderer
 (2 ) OÏ No L 25. 31 . 1 . 1975 . D . 10 .                           who has tendered for an exoort lew.
 ---pagebreak--- No L 329 / 18                    Official Journal of the European Communities                          23 . 12 . 75
Where a minimum export levy is fixed a contract                                   Article 11
shall be awarded to any tenderer whose tender indi­        This Regulation shall enter into force on the day
cates a rate of levy equal to or greater than such          following its publication in the Official Journal of
minimum export levy.                                        the European Communities.
            This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels , 22 December 1975 .
                                                                     For the Commission
                                                                       P.J. LARDINOIS
                                                                 Member of the Commission
 ---pagebreak--- 23 . 12. 75                    Official Journal of the European Communities                               No L 329 / 19
                                                      ANNEX
            Weekly tender for the levy/refund for the export of common wheat to the countries of
                                                  Zones VI and VII
                           Expiry of the period for the submission of tenders (date/time)
                      1                  2                                        3
                 Number of            Quantity                Amount of export levy in national curreflcy
                   tender          in metric tons                          per metric ton
                                                                                                      #
                      1
                     2
                     3
                     4
                     5
                    etc.
                                                         II
                      l                  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.