CELEX: 31980R3022
Language: en
Date: 1980-11-25 00:00:00
Title: Commission Regulation (EEC) No 3022/80 of 24 November 1980 opening an invitation to tender for the levy and/or refund for the export of common wheat to countries of Zone IV, and amending Regulation (EEC) No 1427/80

No L 317 / 6                                  Official Journal of the European Communities                              25 . 11 . 80
                                         COMMISSION REGULATION ( EEC) No 3022/80
                                                           of 24 November 1980
               opening an invitation to tender for the levy and/or refund for the export of common
                         wheat to countries of Zone IV, and amending Regulation (EEC) No 1427/80
THE COMMISSION OF THE EUROPEAN                                           export levy laid down in Commission Regulation
COMMUNITIES ,                                                            ( EEC) No 3130/ 73 (7), as amended by Regulations
                                                                         (EEC) No 278 /75 (8) and ( EEC) No 771 / 75 ('), and ,
Having regard to the Treaty establishing the                             as regards the fixing of the export refund , in
European Economic Community,                                             Commission Regulation (EEC) No 279 / 75 ( 10 ), as
                                                                         amended by Regulation (EEC) No 2944 / 78 ( M );
Having regard to Council Regulation ( EEC) No                            whereas the commitments on the part of the tenderer
2727 / 75 of 29 October 1975 on the common organi­                       include an obligation to lodge an application for an
zation of the market in cereals ('), as last amended by                  export licence ; whereas compliance with this
Regulation (EEC) No 1870 / 80 (J),                                       obligation may be ensured by requiring tenderers to
                                                                         lodge a tendering security of 12 ECU per tonne when
                                                                         they submit their tenders ;
Having regard to Council Regulation (EEC) No
2747 / 75 of 29 October 1975 laying down general
rules to be applied in the event of the cereals market                   Whereas , in order to ensure equal treatment to all
being disturbed ('), as last amended by Regulation                       concerned , it is neccessary to make provision such
(EEC) No 2560 / 77 (4), and in particular Article 2 ( 1 )                that the periods of validity of licences issued are
thereof,                                                                 identical ;
Having regard to Council Regulation (EEC) No                             Whereas , in order to ensure the smooth operation of
2746 / 75 of 29 October 1975 laying down general                         the tendering procedure , it is appropriate to prescribe
rules for granting export refunds on cereals and                         a minimum quantity to be tendered for and a time
criteria for fixing the amount of such refunds ( 5), and                 limit and form for the communication of tenders
in particular Article 5 thereof,                                         submitted to the competent authorities ;
Whereas by Commission Regulation ( EEC) No                               Whereas the measures provided for in this Regulation
 1427 / 80 of 6 June 1980 (6), an invitation to tender for               are in accordance with the opinion of the
the export of common wheat to countries of Zone IV                       Management Committee for Cereals,
was opened ; whereas in view of the present situation
the invitation to tender should be closed ;
Whereas, in view of the current situation on the
                                                                          HAS ADOPTED THIS REGULATION :
cereals market, an invitation should be opened in
respect of common wheat to tender for the export
levy provided for in the first indent of Article 2 ( 1 ) of
Regulation (EEC) No 2747 / 75 and /or for the export                                                    Article 1
refund provided for in Article 5 of Regulation (EEC )
No 2746 / 75 ; whereas there is demand for common                          1 . The date specified in Article 1 ( 3) of Regulation
wheat on certain specific markets ; whereas in order                      (EEC) No 1427 / 80 shall be replaced by '4 December
to ensure supply, the invitation to tender for export                      1980 '.
should be limited to Zone IV ;
                                                                          2 . Tenders shall be invited for the export levy
Whereas the detailed procedural rules governing                           provided for in the first indent of Article 2 ( 1 ) of
 invitations to tender are as regards the fixing of the                   Regulation (EEC ) No 2747 / 75 and / or the export
                                                                          refund provided for in Article 2 of Regulation (EEC)
  O    OJ No L 281 , 1 . 11 . 1975 , p. 1 .
  ( 2) OJ No L 184 , 17 . 7 . 1980 , p. 1 .                                 O   OJ No L 319 , 20 . 11 . 1973 , p . 10 .
  O    OJ No L 281 , 1 . 1 1 . 1975 , p. 82 .                               (') OJ No L 31 , 5 . 2 . 1975 , p . 7 .
  ( 4) OJ No L 303 , 28 . 11 . 1977 , p. 1 .                                O   OJ No L 77 , 26 . 3 . 1975 , p . 13 .
  o    OJ No L 281 , 1 . 11 . 1975 , p. 78 .                              O     OJ No L 31 , 5 . 2 . 1975 , p . 8 .
  (6)  OJ No L 143 , 7 . 6 . 1980 , p. 5 .                                (")   OJ No L 351 , 15 . 12 . 1978 , p . 16 .
 ---pagebreak--- 25 . 11 . 80                             Official Journal of the European Communities                           No L 317 / 7
3.     The invitation to tender shall relate to common              — to fix a maxiumum export refund, taking account
wheat for export to the countries of Zone IV as                         in particular of the criteria laid down in Articles 2
defined in Annex I to Regulation (EEC) No 1124 / 77 .                   and 3 of Regulation (EEC) No 2746 / 75 , or
                                                                    — to fix a minimum export levy, taking account in
4 . The invitation shall remain open until 30 June                      particular of the criteria laid down in Article 3 (1 )
 1981 . During this period weekly awards shall be                       (b) and (d) of Regulation (EEC) No 2747 /75 , or
made , for which the time limits for the submission of
tenders shall be as prescribed in the notice of                     — to make no award .
invitation to tender.
                                                                    2 . Where a maximum export refund is fixed , a
                            Article 2                               contract shall be awarded to any tenderer whose
                                                                    tender indicates a rate of refund equal to or less than
A tender shall be valid only if it relates to an amount             such maximum export refund and to any tenderer
of not less than 1 000 tonnes .                                     who has tendered for an export levy.
                                                                    Where a minimum export levy is fixed, a contract
                            Article 3                               shall be awarded to any tenderer whose tender
                                                                    indicates a rate of levy equal to or greater than such
The security referred to in Article 3 of Regulation                 minimum export levy.
 (EEC) No 3130/ 73 and in Article 3 of Regulation
 (EEC ) No 279/ 75 shall be 12 ECU per tonne.
                                                                                             Article 6
                            Article 4
                                                                    Tenders    submitted    must    reach   the Commission
                                                                    through the intermediary of Member States at the
 1 . Notwithstanding Article 9 ( 1 ) of Regulation                  latest one and a half hours after expiry of the period
( EEC ) No 193 /75 ('), export licences issued under                for the weekly submission of tenders as specified in
Article 8 ( 1 ) of Regulation (EEC) No 3130 / 73 or                 the notice of invitation to tender. They must be
under Article 8 ( 1 ) of Regulation (EEC) No 279 / 75               communicated in the form indicated in the Annex .
shall , for the purpose of determining their period of
validity, be deemed to have been issued on the day on               If no tenders are received , Member States shall
which the tender was submitted .
                                                                    inform the Commission of this within the time limit
                                                                    indicated in the preceding paragraph .
2 . Export licences issued in connection with the
invitation to tender pursuant to this Regulation shall
be valid from their date of issue, as defined in                                             Article 7
paragraph 1 , until the end of the fourth month
following that of issue .                                           The time limits fixed for the submission of tenders
                                                                    shall correspond to Belgian time .
                            Article 5
                                                                                             Article 8
 1 . Notwithstanding Article 5 of Regulation (EEC)
No 3130 / 73 and Article 5 of Regulation (EEC) No
279 / 75 , the Commission shall decide , under the                  This Regulation shall enter into force on the day
procedure laid down in Article 26 of Regulation                     following its publication in the Official Journal of the
 ( EEC) No 2727 / 75 :                                               European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels , 24 November 1980 .
                                                                                         For the Commission
                                                                                         Finn GUNDELACH
                                                                                            Vice-President
(') OJ No L 25 , 31 . 1 . 1975 , p. 10 .
 ---pagebreak--- No L 317 / 8                     Official Journal of the European Communities                           25 . 11 . 80
                                                        ANNEX
               Weekly tender for the levy/refund for the export of common wheat to countries of Zone IV
                                (Closing date for the submission of tenders (date/time))
                                                            I
                     1                      2                                       3
             Number of tenderer        Quantity                          Amount of export levy
                                       in tonnes                     in national currency per tonne
                     1
                    2
                    3
                    4
                    5
                   etc.
                                                           II
                     1                      2                                       3
             Number of tenderer        Quantity                         Amount of export refund
                                       in tonnes                     in national currency per tonne
                     1
                    2
                    3
                    4
                    5
                   etc .