CELEX: 31974R3220
Language: en
Date: 1974-12-21 00:00:00
Title: Regulation (EEC) No 3220/74 of the Commission of 20 December 1974 on an invitation to tender for the levy for the export of common wheat to the Republic of India

21 . 12. 74                              Official Journal of the European Communities                          No L 342/ 17
                              REGULATION (EEC) No 3220/74 OF THE COMMISSION
                                                      of 20 December 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                                      successful tenderers in connection with the invitation
COMMUNITIES,                                                        to tender is identical ;
Having regard to the Treaty establishing the European               Whereas the purpose of fixing an export levy by
Economic Community ;                                                means of a tendering procedure is to permit better
                                                                    management of the market ; whereas this objective
Having regard to Council Regulation No 120/                         could be jeopardized if the period of validity for
67/EEC ( ! ) of 13 June 1967 on the common organiza­                export licences were too short ; whereas use should
tion of the market in cereals, as last amended by Regu­             therefore be made of the powers provided under the
lation (EEC) No 1996/74 (2);                                        second subparagraph of Article 1 ( 1 ) of Regulation
                                                                   (EEC) No 3130/73 to fix a special period of validity
Having regard to Council Regulation (EEC) No                        for licences issued in connection with the invitation
1968/73 (3) of 19 July 1973 laying down general rules               to tender ;
to be applied in the event of the cereals market being
disturbed, as last amended by Regulation (EEC) No
                                                                    Whereas provision must be made to ensure the
676/74 (4), and in particular Article 4- thereof ;
                                                                    smooth operation of the procedure for tendering for
Whereas the world market in common wheat is char­                   export levies ; whereas to this end it is appropriate to
acterized by a continuing rise in prices ; whereas this             prescribe a minimum quantity to be tendered for and
                                                                    a time limit and form for the communication of
rise is due in particular to a growing imbalance
between supply and demand ; whereas the supply of                   tenders lodged with the competent authorities and to
certain markets is especially threatened in                         provide that rights in respect of licences issued in
                                                                    connection with the invitation to tender should not be
consequence ; whereas with a view to improving this
                                                                    transferable ;
situation there should be issued in respect of common
wheat an invitation to tender for the export levy
provided for in the first indent of Article 2 ( 1 ) of Regu­        Whereas the measures provided for in this Regulation
lation (EEC) No 1968/73, such invitation to be                      are in accordance with the Opinion of the Manage­
limited so as to apply only in respect of the Republic              ment Committee for Cereals,
of India ;
Whereas the detailed rules relating to the organization
of invitations to tender for the purpose of fixing the              HAS ADOPTED THIS REGULATION :
export levy are contained in Commission Regulation
(EEC) No 3130/73 (5) Gf 16 November 1973 esta­
blishing the conditions for the application of the                                           Article 1
system of tendering for export levies for cereals ;
                                                                    1 . Tenders shall be invited for the export levy
Whereas the objective of the invitation to tender can               provided for in the first indent of Article 2(1 ) of
be attained only if a successful tenderer fulfils all the           Council Regulation (EEC) No 1968/73 .
commitments entered into by him when submitting
his tender ; whereas these commitments include an
                                                                    2.    The invitation to tender shall relate to common
obligation to lodge an application for an export
licence and to export to the prescribed destination ;               wheat for export to the Republic of India.
whereas compliance with these obligations may be
ensured by requiring tenderers to give security when                3 . The invitation shall remain open until 13
submitting their tenders ;                                          February 1975. During this period weekly awards shall
                                                                    be made, the time limits for the submission of tenders
Whereas, in order to ensure equal treatment to all                  being as prescribed in the notice of invitation to
concerned, it is necessary to make provision such that              tender.
the effective period of validity of licences issued to
(') OJ  No  117, 19 . 6. 1967, p. 2269 /67.                                                  Article 2
(2) OJ  No  L 209, 31 . 7. 1974, p. 1 .
(J) OJ  No  L 201 , 21 . 7 . 1973, p. 10 .
(4) OJ  No  L 83 , 28 . 3 . 1974, p. 3 .                            A tender shall be valid only if it relates to an amount
(5) OJ  No  L 319 , 20 . 11 . 1973 , p . 10 .                       of not less than 10 000 metric tons .
 ---pagebreak--- No L 342/ 18                            Official Journal of the European Communities                               21 . 12. 74
                           Article 3                               mentioned in Article 3 ( 1 ) shall be forfeit in respect of
                                                                   a quantity equal to the difference between 93 % of
1.    By way of derogation from the second subpara­                the net quantity indicated on the export licence and
graph of Article 3 ( 1 ) of Regulation (EEC) No                    the net quantity actually exported.
3130/73, the security to be provided in connection
with the invitation to tender pursuant to this Regula­             2. However, if the quantity exported is less than
tion shall be equal to 50 % of the export levy                     7 % of the net quantity indicated on the licence, the
proposed by the tenderer concerned and may in any                 security shall be forfeit in its entirety.
event not be less than 25 units of account per metric
ton .
                                                                   3 . On request by the titular holder of the licence,
2. By way of derogation from the provisions of                     Member States may release the security by instalments
Article 7 ( 1 ) of Regulation (EEC) No 3130/73, the secu­          in proportion to the quantities of product for which
rity provided for in paragraph 1 shall, subject to force           proof as referred to in Article 3 (2) has been furnished,
majeure, be released only in respect of any quantity               provided that such proof establishes that a quantity
for which the tender was not accepted or for which                 equal to at least 7 % of the net quantity indicated on
the tenderer furnishes proof of arrival at its destina­            the licence has been exported to the destination in
tion, such proof to be furnished as provided in the                question .           \
second, third and fourth subparagraph of Article 8(1 )
of Regulation No 1041 /67/ EEC.
                                                                                           Article 8
The security shall be released immediately.
                                                                   In accordance with Article 8 (2) of Regulation (EEC)
                           Article 4                               No 3130/73, rights in respect of export licences issued
                                                                   in connection with the invitation to tender pursuant
The application for a licence and the licence itself               to this Regulation shall not be transferable .
shall bear in box 13 the following words : 'Republic of
India'. Every licence shall carry with it an obligation
to export to that destination .                                                            Article 9
                                                                   The tenders submitted must reach the Commission
                           Article 5
                                                                   through the intermediary of Member States at the
If a tenderer fails to comply with the undertaking                 latest one and a half hours after expiry of the period
given by him pursuant to Article 2(3)(b) of Regula­                for the weekly submission of tenders as specified in
tion (EEC) No 3130/73, no export licence shall be                  the notice of the invitation to tender. They must be
                                                                   communicated in the form indicated in the Annex
issued and the security provided pursuant to Article 3
                                                                   hereto .
of that Regulation shall accordingly be forfeit.
                                                                   If no tenders are received, Member States shall inform
                           Article 6                               the Commission of this within the time limit indi­
                                                                   cated in the preceding paragraph .
 1 . By way of derogation from the provisions of
Article 8(1 ) of Regulation (EEC) No 1373/70 0 ),
export licences issued under Article 8(1 ) of Regula­
                                                                                           Article 10
tion (EEC) No 3130/73 shall for the purpose of deter­
mining their period of validity be deemed to have
been issued on the day on which the tender was                     During the period in which Summer Time applies in
submitted .                                                        Italy, the times fixed for the submission of tenders
                                                                   shall be regarded in that Member State as extended by
2.     Export licences issued in connection with the               one hour. During the period which Summer Time
invitation to tender pursuant to this Regulation shall             does not apply in the United Kingdom and in
be valid from their date of issue, as defined in the                Ireland, the times fixed for the submission of tenders
previous paragraph, until the end of the fifth month               shall be regarded in those Member States as brought
 following that of issue.                                           forward by one hour.
                           Article 7
                                                                                           Article 11
 1 . Where the obligation to export to the prescribed
destination has not been fulfilled, the security                   This Regulation shall enter into force on the day
                                                                    following its publication in the Official Journal of
(») OJ No L 158 , 20 . 7. 1970 , p. 1 .                             the European Communities.
 ---pagebreak--- 21 . 12. 74                    Official Journal of the European Communities                      No L 342/ 19
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 20 December 1974.
                                                                   For the Commission
                                                                       The President
                                                                  Francois-Xavier ORTOLI
 ---pagebreak--- No L 342/20                 Official Journal of the European Communities                               21 . 12. 74
                                                    ANNEX
                      Weekly tender for the levy for the export of common wheat to India
                               Closing date for submission of tenders (date/time)
                 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.