CELEX: 31981R1604
Language: en
Date: 1981-06-17 00:00:00
Title: Commission Regulation (EEC) No 1604/81 of 16 June 1981 opening an invitation to tender for the levy and/or refund for the export of common wheat to countries in Zones I, IIa, III, V, VI, VII and the German Democratic Republic

No L 159 / 16                         Official Journal of the European Communities                               17. 6 . 81
                                 COMMISSION REGULATION (EEC) No 1604/81
                                                     of 16 June 1981
               opening an invitation to tender for the levy and/or refund for the export of
               common wheat to countries in Zones I, Ila, III , V, VI, VII and the German
                                                   Democratic Republic
THE COMMISSION OF THE EUROPEAN                                  Whereas, in order to ensure that all those concerned
COMMUNITIES,                                                    are treated equally, it is necessary to lay down that the
Having regard to the Treaty establishing the European            period of valididity of the licences issued should be
Economic Community,                                              identical ; whereas, however, a special period of validity
                                                                should be laid down for exports to the People's
Having regard to Council Regulation (EEC) No                     Republic of China ;
2727/75 of 29 October 1975 on the common organi­
zation of the market in cereals ('), as last amended by         Whereas, in order to ensure the smooth operation of
the Act of Accession of Greece (2),                              the tendering procedure, it is appropriate to prescribe
                                                                 a minimum quantity to be tendered for and a time
Having regard to Council Regulation (EEC) No                     limit and form for the communication of tenders
2747/75 of 29 October 1975 laying down general rules             submitted to the competent authorities ;
to be applied in the event of the cereals market being
disturbed (3), as last amended by Regulation (EEC) No            Whereas the measures provided for in this Regulation
2560/77 (4), and in particular Article 2 ( 1 ) thereof,          are in accordance with the opinion of the Management
                                                                 Committee for Cereals,
Having regard to Council Regulation (EEC) No
2746/75 of 29 October 1975 laying down general rules
for granting export refunds on cereals and criteria for          HAS ADOPTED THIS REGULATION :
fixng the amount of such refunds (% and in particular
Article 5 thereof,                                                                         Article 1
Whereas, in view of the current situation on the                  1 . Tenders shall be invited for the export levy
cereals market, an invitation should be opened in                provided for in the first indent of Article 2 ( 1 ) of
respect of common wheat to tender for the export levy            Regulation (EEC) No 2747/75 and/or the export
provided for in the first indent of Article 2 ( 1 ) of           refund provided for in Article 5 of Regulation (EEC)
Regulation (EEC) No 2747/75 and/or for the export                 No 2746/75 .
refund provided for in Article 5 of Regulation (EEC)
                                                                  2.    The invitation to tender shall relate to common
 No 2746/75 ; whereas, in order to ensure supply, the
invitation to tender for export should be limited to             wheat for export to the countries of Zones I, Ila, III, V,
Zones I, Ha, III, V, VI, VII and the German Demo­                VI, VII and the German Democratic Republic.
 cratic Republic ;                                                3 . The invitation shall remain open until 30 June
Whereas the detailed procedural rules governing invi­             1982. During this period weekly awards shall be made,
                                                                  for which the time limits for the submission of tenders
 tations to tender are, as regards the fixing of the export
 levy, laid down in Commission Regulation (EEC) No                shall be as prescribed in the notice of invitation to
                                                                  tender.
 3130/73 (6), as amended by Regulations (EEC) No
 278/75 0 and (EEC) No 771 /75 (8), and, as regards the
 fixing of the export refund, in Commission Regulation                                     Article 2
 (EEC) No 279/75 (9), as amended by Regulation (EEC)
 No 2944/78 (10) ; whereas the commitments on the                 A tender shall be valid only if it relates to an amount
                                                                  of not less than 1 000 tonnes .
 part of the tenderer include an obligation to lodge an
 application for an export licence ; whereas compliance
                                                                                           Article 3
 with this obligation may be ensured by requiring
 tenderers to lodge a tendering security of 12 ECU per            The security referred to in Article 3 of Regulation
 tonne when they submit their tenders ;                           (EEC) No 3130/73 and in Article 3 of Regulation
                                                                    EEC) No 279/75 shall be 12 ECU per tonne.
 (') OJ No L 281 , 1 . 11 . 1975, p . 1 .
 (2) OJ No L 291 , 19 . 11 . 1979, p. 17.                                                   Article 4
 (3) OJ No L 281 , 1 . 11 . 1975, p. 82.
 (4) OJ No L 303 , 28 . 11 . 1977, p . 1 .
 0 OJ No L 281 , 1 . 11 . 1975, p. 78 .                            1 . Notwithstanding Article 21 ( 1 ) of Regulation
 (6) OJ No L 319, 20 . 11 . 1973, p . 10 .                        (EEC) No 3183/80 ("), export licences issued under
 0 OJ No L 31 , 5. 2. 1975, p. 7.                                 Article 8 ( 1 ) of Regulation (EEC) No 3130 /73 or under
 (8) OJ No L 77, 26 . 3 . 1975, p. 13 .
 0 OJ No L 31 , 5. 2. 1975, p. 8 .
  ,0) OJ No L 351 , 15. 12. 1978 , p . 16.                         (") OJ No L 388 , 13 . 12. 1980 , p . 1 .
 ---pagebreak--- 17. 6. 81                            Official Journal of the European Communities                           No L 159/ 17
Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, for       Where the licence is used after the date given in space
the purpose of determining their period of validity, be        19, it shall carry the obligation to export to the
deemed to have been issued on the day on which the             People's Republic of China.
tender was submitted.
                                                                                         Article 5
2. Export licences issued in connexion with the                 1 . Notwithstanding Article 5 of Regulation (EEC)
invitation to tender pursuant to this Regulation shall         No 3130/73 and Article 5 of Regulation (EEC) No
be valid from their date of issue, as defined in para­         279/75, the Commission shall decide, under the
graph 1 , until the end of the fourth month following          procedure laid down in Article 26 of Regulation (EEC)
that of issue.
                                                                No 2727/75 :
However, for exports to the People's Republic of               — to fix a maximum export refund, taking account in
China, licences shall be valid from their date of issue              particular of the criteria laid down in Articles 2
as defined in paragraph 1 until the end of the sixth                 and 3 of Regulation (EEC) No 2746/75, or
month following.                                               — to fix a minimum export levy, taking account in
                                                                     particular of the criteria laid down in Article 3 ( 1 )
3.      For the purposes of applying paragraph 2,                    (b) and (d) of Regulation (EEC) No 2747/75, or
licences issued in connexion with this invitation to
                                                               — to make no award.
tender shall bear, in space 19, a statement of the last
day of validity calculated in accordance with the provi­        2. Where a maximum export refund is fixed, a
 sions of the first subparagraph of paragraph 2. They           contract shall be awarded to any tenderer whose tender
 shall also bear, in space 18 , a statement of the last day     indicates a rate of refund equal to or less than such
 of validity calculated in accordance with the provisions       maximum export refund and to any tenderer who has
 of the second subparagraph of paragraph 2 ; for this           tendered for an export levy.
 purpose, one of the following statements shall be              Where a minimum export levy is fixed, a contract
 entered in space 18 :                                          shall be awarded to any tenderer whose tender indi­
 'In case of export to the People's Republic of China,          cates a rate of levy equal to or greater than such
 last day of validity :          — Regulation (EEC) No          minimum export levy.
  1604/81 .                                                                              Article 6
 'Sidste gyldighedsdag ved udførsel til Den kinesiske           Tenders     submitted    must    reach  the  Commission
 Folkerepublik :             — Forordning (EØF) nr.             through the intermediary Member States at the latest
  1604/81 .
                                                                one and a half hours after expiry of the period for the
 'En cas d exportation vers la République populaire de          weekly submission of tenders as specified in the notice
 Chine, dernier jour de validité :           — Règlement        of invitation to tender. They must be communicated
 (CEE) n° 1604/81 .'                                             in the form indicated in the Annex.
 'Letzter Gültigkeitstag bei Ausfuhr in die Volksrepu­           If no tenders are received, Member States shall inform
 blik China :              — Verordnung (EWG) Nr.                the Commission of this within the time limit indi­
  1604/81 .
                                                                 cated in the proceding paragraph.
 'In caso di esportazione verso la Repubblica popolare
  di Cina, ultimo giorno di validità :          — Regola­                                 Article 7
  mento (CEE) n. 1604/81 .'                                      The time limits fixed for the submission of tenders
  'In geval van uitvoer naar de Volksrepubliek China             shall correspond to Belgian time.
  laatste geldigheidsdag :          — Verordening (EEG)
  nr. 1604/81 .                                                                           Article 8
  'Σέ περίπτωση εξαγωγής προς τη Ααϊ'κή Δημοκρα­                 This Regulation shall enter into force on the day
  τία της Κίνας τελευταία ήμέρα της ισχύος :                     following its publication in the Official Journal of the
  — KavoviCT(i6c (EOK) dpiO. 1604/81 •                           European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 16 June 1981 .
                                                                           For the Commission
                                                                               The President
                                                                               Gaston THORN
 ---pagebreak--- No L 159/ 18                       Official Journal of the European Communities                     17. 6. 81
                                                         ANNEX
           Weekly tender for the levy/refund for the export of common wheat to countries of Zones
                            I, lia, III, V, VI, VII and the German Democratic Republic
                                  (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.