CELEX: 31974R0604
Language: en
Date: 1974-03-15 00:00:00
Title: Regulation (EEC) No 604/74 of the Commission of 15 March 1974 on an invitation to tender for the levy for export of common wheat to third countries

16 . 3 . 74                                 Official Journal of the European Communities                              No L 73/ 19
                               REGULATION (EEC) No 604/74 OF THE COMMISSION
                                                           of 15 March 1974
              on an invitation to tender for the levy for export of common wheat to third
                                                               countries
THE COMMISSION OF THE EUROPEAN                                         possibility provided for in the second subparagraph of
COMMUNITIES,                                                           Article 1 ( 1 ) of Regulation (EEC) No 3130/73 by
                                                                       fixing a special period of validity for licences issued
Having regard to the Treaty establishing the European                  under this invitation to tender.
Economic Community ;
                                                                       Whereas the smooth working of a procedure for
Having regard to Council Regulation No 120/                            tendering for export levies must be ensured ; whereas
67/EEC ( L) of 13 June 1967 on the common organiza­                    to this end it is appropriate to prescribe a minimum
tion of the market in cereals, as last amended by Regu­                quantity as well as the period during which tenders
lation (EEC) No 1346/73 (2);                                           can be lodged and the form of the communication of
                                                                       tenders lodged with the competent authorities ;
Having regard to Council Regulation (EEC) No
1968 /73 (3) of 19 July 1973, laying down general rules                Whereas the measures provided for in this Regulation
to be applied in the event of the cereals market being                 are in accordance with the Opinion of the Manage­
disturbed, as amended by Regulation (EEC) No                           ment Committee for Cereals,
2632/73 (4), and in particular Article 4 (2) thereof ;
Whereas, having taken into account the current situa­
tion on the cereals market, an invitation should be                    HAS ADOPTED THIS REGULATION :
issued, for common wheat, to tender for the export
levy provided for in Article 2 ( 1 ), first indent, of Regu­
lation (EEC) No 1968 /73 ;                                                                     Article 1
Whereas the detailed rules relating to the tendering                   1.     An invitation to tender shall be issued for the
procedure to fix the export levy are contained in
Commission Regulation (EEC) No 3130/73 (5) of 16                       export levy provided for in Article 2 ( 1 ), first indent, of
November 1973 , establishing the conditions for the                    Council Regulation (EEC) No 1968 /73 .
application of the system of tendering for export                      2.     The invitation shall relate to common wheat.
levies for cereals ;
Whereas the objective of the tendering procedure can                   3 . The invitation is open until 31 May 1974.
only be attained if a successful tenderer fulfils all the              During this period weekly invitations shall be issued
commitments entered into at the moment of lodging                      for which the time limits for lodging of offers shall be
                                                                       laid down in the notice of the tender.
his tender, whereas among these commitments is the
obligation to lodge an application for an export
licence ; whereas the security for tender exacted when                 4. By way of derogation from Article 1 (2) of Regu­
the tender is lodged can ensure that this obligation is                lation (EEC) No 3130/73 the period which is required
respected ; whereas in default this security shall not be              between publication of the notice of tender and the
released if such an application has not been made ;                    first date fixed for the deposit of tenders shall be 10
                                                                       days .
Whereas, in order to ensure equal treatment to all inte­
rested parties, it is necessary to provide that the effec­
tive period of licences issued under the tendering                                             Article 2
procedure to successful tenderers will be identical ;
                                                                       A tender shall be valid only if it relates to an amount
Whereas the fixing of an export levy by means of a                     of not less than 250 metric tons .
tendering procedure must permit better management
of the market ; whereas this objective could be jeopar­
dized by too short a period of validity for the export                                         Article 3
licence ; whereas use should therefore be made of the
                                                                       When the commitment mentioned in Article 2 (3) (b)
P)   OJ  No 117, 19 . 6 .  1967, p . 2269/ 67 .                        of Regulation (EEC) No 3130/73 is not respected the
(2)  OJ  No L 141 , 28 .  5 . 1973, p . 8 .                            export licence shall not be issued and, in
(3 ) OJ  No L 201 , 21 .  7 . 1973 , p. 10 .
(4   OJ  No L 272, 29 .   9 . 1973 , p. 18 .                           consequence, the security exacted under the provi­
(5 ) OJ  No L 319 , 20 .  11 . 1973 , p . 10 .                         sions of Article 3 of that Regulation shall be forfeit.
 ---pagebreak--- No L 73 /20                             Official Journal of the European Communities                              16 . 3 . 74
                         Article 4                                 provides evidence that a quantity equal to at least 7 %
                                                                   of the net quantity indicated on the licence has been
1 . By way of derogation from the provisions of                    exported.
Article 8 ( 1 ) of Regulation (EEC) No 1373/70 (!), the
export licences issued under Article 8 ( 1 ) of Regula­                                     Article 6
tion (EEC) No 3130/73 shall be considered for the
purpose of determining their period of validity, as if            The tenders lodged must reach the Commission
they had been issued on the day on which the tender                through the intermediary of Member States at the
was lodged.                                                        latest one and a half hours after the end of the period
                                                                   for the weekly lodging of tenders as provided for in
2.     Export licences issued under this invitatidn to             the notice of the tender. They must be communicated
tender shall be valid from their date of issue, within             in the form indicated in the Annex .
the meaning of the previous paragraph, until the end
of the second month following that of issue.                      When there are no tenders, Member States shall
                                                                   inform the Commission of this within the time limit
                         Article 5                                 indicated in the preceding paragraph .
1 . When the obligation to export has not been                                              Article 7
fulfilled, the security mentioned in Article 3 ( 1 ) of
Regulation (EEC) No 3130/73 shall be forfeit in                   'During the period in which Summer Time applies in
respect of a quantity equal to the difference between              Italy, the times fixed for the lodging of offers shall be
93 % of the net quantity indicated on the export                   regarded in that Member State as extended by one
licence, and the net quantity actually exported.                   hour. During the period during which Summer Time
                                                                   does not apply in the United Kingdom and in
2. However, if this exported quantity is less than                 Ireland, the times fixed for the lodging of offers shall
7 % of the net quantity indicated on the licence, the              be regarded in those Member States as brought
security shall be forfeit in totality.                             forward by one hour.
3 . On request by the titular holder, Member States                                         Article 8
may release parts of the security in proportion to the
quantities of product for which the proof of export, in            This Regulation shall enter into force the day
accordance with Article 7 ( 1 ) of Regulation (EEC) No             following its publication in the Official Journal of
3130/73, has been delivered and in so far as that proof            the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 15 March 1974.
                                                                             For the Commission
                                                                                 The President
                                                                            Francois-Xavier ORTOLI
(!) OJ No L 158 , 20 . 7. 1970, p . 1 .
 ---pagebreak--- 16 . 3 . 74                    Official Journal of the European Communities                               No L 73 / 21
                                                      ANNEX
                      Weekly tender for the levy for export of common wheat to third countries
                                Expiry of the period for lodiginig tenders ('date/time)
                    1                    2                                         3
            Numbering of the          Quantity                 Amount of export levy in national currency
                tenders            in metric tons                           per metric ton
                    1
                   2
                   3
                   4
                   5
                  etc.