CELEX: 31975R3276
Language: en
Date: 1975-12-17 00:00:00
Title: Regulation (EEC) No 3276/75 of the Commission of 16 December 1975 on an invitation to tender for the levy and/or the refund for the export of durum wheat to the countries of Zones I, V, VI and of the Iberian Peninsula

17 . 12 . 75                               Official Journal of the European Communities                         No L 325/ 13
                               REGULATION (EEC) No 3276/75 OF THE COMMISSION
                                                        of 16 December 1975
               on an invitation to tender for the levy and/or the refund for the export of durum
                      wheat to the countries of Zones I , V, VI and of the Iberian Peninsula
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
                                                                      concerned, it is necessary to make provision such that
Having regard to Council Regulation (EEC) No
                                                                      the effective period of validity of licences issued to
2747/75 (2) of 29 October 1975 laying down general                    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 Regulation                        Whereas provision must be made to ensure the
(EEC) No 2746/75 (3) of 29 October 1975 laying down                   smooth operation of the procedure for tendering for
general rules for granting export refunds on cereals                  export levies and refunds ; whereas to this end it is
and criteria for fixing the amount of such refunds, and               appropriate to prescribe a minimum quantity to be
in 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
                                                                      tent authorities ;
cereals market, there should be opened in respect of
durum 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 I, V, VI and in
the countries of the Iberian Peninsula 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 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 durum
No 771 /75 (6), and as regards the export refund in                   wheat for export to countries of Zones I, V, VI and of
Commission Regulation (EEC) No 279/75 (7) of 4                        the Iberian Peninsula as defined in the Annex to
February 1975 laying down detailed rules for the appli­               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 filfils 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 ,
(6)  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 400 metric tons .
 ---pagebreak--- No L 325/ 14                             Official Journal of the European Communities                             17. 12. 75
                          Article 3                                 in proportion to the quantities of product for which
1 . The security referred to in Article 3 of Regula­                proof of exportation as referred to in Article 7 ( 1 ) of
                                                                    Regulations (EEC) No 3130/73 and (EEC) No 279/75
tion (EEC) No 3130/73 and of Regulation (EEC) No
279/75 shall be 20 units of account per metric ton .
                                                                    has been furnished, provided that such proof esta­
                                                                    blishes that a quantity equal to at least 7 % of the net
2. By way of derogation from Article 7 ( 1 ) of Regula­             quantity 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 (').                         tfye 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
tion and of the licence itself. The issue of a licence              cated in the preceding paragraph.
shall carry with it the obligation to export to that desti­
nation .                                                                                     Article 9
                          Article 5                                 During the period in which summer time applies in
                                                                    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
tions (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
Article 9 ( 1 ) of Regulation (EEC) No 193/75 (2), export            1 . By way of derogation from Article 5 of Regula­
licences issued under Article 8 ( 1 ) of Regulation (EEC)           tions (EEC) No 3130/73 and (EEC) No 279/75, the
 No 3130/73 or under the like provision of Regulation               Commission shall decide, under the procedure laid
( EEC) No 279/75 shall for the purpose of determining               down in Article 26 of Regulation (EEC) No 2727/75 :
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
 2.     Export licences issued in connection with the                    and 3 of Regulation (EEC) No 2746/75, or
 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 3(1 )
 previous paragraph until the end of the fourth month                    (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
 (*) OJ No L 25, 31 . 1 . 1975, p . 10 .                             the European Communities.
 ---pagebreak--- 17 . 12. 75                      Official Journal of the European Communities                               No L 325/ 15
            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 durum wheat to the countries of Zones
                                        I , V, VI and of the Iberian Peninsula
                             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       lll
                      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.