CELEX: 31974R1840
Language: en
Date: 1974-07-16 00:00:00
Title: Regulation (EEC) No 1840/74 of the Commission of 16 July 1974 on an invitation to tender for the levy for export of common wheat to third countries

No L 193/ 10                            Official Journal of the European Communities                                  17 . 7 . 74
                            REGULATION ( EEC) No 1840/74 OF THE COMMISSION
                                                        of 16 July 1974
              on an invitation to tender for the levy for export of common wheat to third
                                                           countries
THE COMMISSION OF THE EUROPEAN                                     Whereas the measures provided for in this Regulation
COMMUNITIES,                                                       are in accordance with the Opinion of the Manage­
                                                                   ment Committee for Cereals ,
Having regard to the Treaty establishing the European
Economic Community ;
                                                                   HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation No 120/
67/EEC ( 1) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­                                      Article /
lation (EEC) No 1346/73 (2);
                                                                   1.     An invitation to tender shall be issued for the
Having regard to Council Regulation (EEC) No                       export levy provided for in Article 2 ( 1 ), first indent, of
1968/73 (3) of 19 July 1973, laying down general rules             Council Regulation (EEC) No 1968 /73 .
to be applied in the event of the cereals market being
disturbed, as last amended by Regulation (EEC) No                  2.     The invitation shall relate to common wheat .
676/74 (4), and in particular Article 4 (2) thereof ;
                                                                   3 . The invitation is open until 20 December 1974.
Whereas, having taken into account the current situa­              During this period weekly invitations shall be issued
tion on the cereals market, an invitation should be                for which the time limits for lodging of offers shall be
issued, for common wheat, to tender for the export                 laid down in the notice of the tender.
levy provided for in Article 2 ( 1 ), first indent, of Regu­
lation (EEC) No 1968 /73 ;                                                                   Article 2
Whereas the detailed rules relating to the tendering
                                                                   A tender shall be valid only if it relates to an amount
procedure to fix the export levy are contained in                  of not less than 250 metric tons .
Commission Regulation (EEC) No 3130/73 (5) of 16
November 1973, establishing the conditions for the
application of the system of tendering for export                                            Article 3
levies for cereals ;
                                                                   When the commitment mentioned in Article 2 (3) (b)
Whereas the objective of the tendering procedure can               of Regulation (EEC) No 3130 / 73 is not respected the
only be attained if a successful tenderer fulfils all the          export licence shall not be issued and, in
commitments entered into at the moment of lodging                  consequence, the security exacted under the provi­
his tender ; whereas among these commitments is the                sions of Article 3 of that Regulation shall be forfeit.
obligation to lodge an application for an export
licence.; whereas the security for tender exacted when
                                                                                              Article 4
the tender is lodged can ensure that this obligation is
respected ; whereas in default this security shall not be          By way of derogation from the provisions of Article 8
released if such an application has not been made ;                ( 1 ) of Regulation (EEC) No 1373 / 70 (6), the export
Whereas, in order to ensure equal treatment to all                 licences issued under Article 8 ( 1 ) of Regulation (EEC)
interested parties, it is necessary to provide that the            No 3130/73 shall be considered for the purpose of
effective period of licences issued under the tendering            determining their period of validity, as if they had
procedure to successful tenderers will be identical ;              been issued on the day on which the tender was
                                                                   lodged.
Whereas the smooth working of a procedure for
tendering for export levies must be ensured ; whereas                                         Article 5
to this end it is appropriate to prescribe a minimum
quantity as well as the period during which tenders                 1 . When the obligation to export has not been
 can be lodged and the form of the communication of                 fulfilled, the security mentioned in Article 3 ( 1 ) of
 tenders lodged with the competent authorities ;                   Regulation (EEC) No 3130 /73 shall be forfeit in
                                                                    respect of a quantity equal to the difference between
(')  OJ No  117, 19 . 6. 1967, p. 2269/67.                          93 % of the net quantity indicated on the export
(2)  OJ No  L 141 , 28 . 5. 1973, p. 8 .                            licence, and the net quantity actually exported .
(J)  OJ No  L 201 , 21 . 7. 1973, p. 10.
(4)  OJ No  L 83, 28 . 3. 1974, p. 3.
 (5) OJ No  L 319, 20. 11 . 1973, p. 10.                           (6) OJ No L 158 , 20 . 7 . 1970 , p. 1 .
 ---pagebreak--- 17. 7. 74                           Official Journal of the European Communities                         No L 193 / 11
2. However, if this exported quantity is less than            When there are no tenders, Member States shall
7 % of the net quantity indicated on the licence, the         inform the Commission of this within the time limit
security shall be forfeit in totality.                        indicated in the preceding paragraph .
3 . On request by the titular holder, Member States
may release parts of the security in proportion to the                                  Article 7
quantities of product for which the proof of export, in
accordance with Article 7 ( 1 ) of Regulation (EEC) No         During the period in which Summer Time applies in
3130/73, has been delivered and in so far as that proof        Italy, the times fixed for the lodging of offers shall be
provides evidence that a quantity equal to at least 7 %        regarded in that Member State as extended by one
of the net quantity indicated on the licence has been         hour. During the period during which Summer Time
exported.                                                     does not apply in the United Kingdom and in
                                                               Ireland, the times fixed for the lodging of offers shall
                        Article 6
                                                              be regarded in those Member States as brought
                                                              forward by one hour.
The tenders lodged must reach the Commission
through the intermediary of Member States at the                                        Article 8
latest one and a half hours after the end of the period
for the weekly lodging of tenders as provided for in          This Regulation shall enter into force the day
the notice of the tender. They must be communicated           following its publication in the Official Journal of
in the form indicated in the Annex.                            the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 16 July 1974.
                                                                         For the Commission
                                                                             The President
                                                                        Francois-Xavier ORTOLI
 ---pagebreak--- No L 193/12                   Official Journal of the European Communities                               17. 7. 74
                                                      ANNEX
                     Weekly tender for the levy for export of common wheat to third countries
                               Expiry of the period for lodging 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.