CELEX: 31975R1916
Language: en
Date: 1975-07-26 00:00:00
Title: Regulation (EEC) No 1916/75 of the Commission of 25 July 1975 on an invitation to tender for the levy and/or the refund for the export of barley to the countries of Zones I, II and III

26 . 7 . 75                                 Official Journal of the European Communities                          No L 195/ 15
                                REGULATION (EEC) No 1916/75 OF THE COMMISSION
                                                            of 25 July 1975
                on an invitation to tender for the levy and/or the refund for the export of barley
                                                to the countries of Zones I , II and III
THE COMMISSION OF THE EUROPEAN                                         No 771 /75 (9), and as regards the export rfefund in
COMMUNITIES,                                                           Commission Regulation (EEC) No 279/75 ( 10) of 4
                                                                       February 1975 laying down detailed rules for the appli­
Having regard to the Treaty establishing the European                  cation of the system of tendering for export refunds
                                                                       on cereals ;
Economic Community ;
Having regard to Council Regulation No 120/                            Whereas the objective of the tendering procedure can
67/ EEC (') of 13 June 1967 on the common organiza­                    be attained only if every successful tenderer fulfils all
tion of the market in cereals, as last amended by Regu­                the commitments entered into by him when submit­
lation (EEC) No 665/75 (2) ;                                           ting his tender ; whereas these commitments include
                                                                       an obligation to lodge an application for an export
                                                                       licence ; whereas compliance with this obligation may
Having regard to Council Regulation (EEC) No                           be ensured by requiring the tenderer to give security
 1 968 /73 (3) of 19 July 1973 laying down general rules               when submitting his tender ;
to be applied in the event cereals market being
disturbed, as last amended by Regulation (EEC) No
86/75 (4), and in particular Article 4 (2) thereof ;                   Whereas, in order to ensure equal treatment to all
                                                                       concerned, it is necessary to make provision such that
                                                                       the effective period of validity of licences issued to
 Having regard to Council Regulation No 139/                           successful tenderers in connection with the invitation
67/EEC (5) of 21 June 1967 laying down general rules                   to tender is identical ;
for granting export refunds on cereals and criteria for
fixing the amount of such refunds, as last amended by                  Whereas provision must be made to ensure the
Regulation (EEC) No 87/75 (6), and in particular                       smooth operation of the procedure for tendering for
Article 4a thereof ;
                                                                       export levies and refunds ; whereas to this end it is
                                                                       appropriate to prescribe a minimum quantity to be
Whereas, having regard to the current situation on the                 tendered for and a time limit and form for the
cereals market, there should be opened in respect of                   communication of tenders submitted to the compe­
barley an invitation to tender for the export levy                     tent authorities ;
provided for in the first indent of Article 2(1 ) of Regu­
lation (EEC) No 1968 /73 and for the export refund                     Whereas the measures provided for in this Regulation
 provided for in Article 4a of Regulation No 139/                      are in accordance with the Opinion of the Manage­
 67/ EEC ; whereas, in order to safeguard Community                    ment Committee for Cereals,
supplies whilst at the same time participating in the
supply of certain markets, the invitation to tender for
export should be limited to the markets concerned,
which are situated in Zones I, II and III as defined in
the Annex to Commission Regulation (EEC) No                            HAS ADOPTED THIS REGULATION :
941 /72 (7)»y of 5 May 1972 redefining the destination
zones for export refunds on cereals and rice ;
                                                                                                   Article 1
Whereas the detailed rules governing invitations to
tender are as regards the export levy contained in
                                                                        1 . Tenders shall be invited for the export levy
 Commission Regulation (EEC) No 3130/73 (8) of 16                      provided for in the first indent of Article 2(1 ) of
 November 1973 establishing the conditions for the
                                                                       Council Regulation (EEC) No 1968/73 and/or the
application of the system of tendering for export
                                                                       export refund provided for in Article 4a of Regulation
 levies on cereals, as last amended by Regulation (EEC)                No 139 / 67/ EEC .
(')  OJ  No   117, 19 . 6. 1967, p . 2269/ 67 .
(-?) OJ  No   L 72, 20 . 3 . 1975, p. 14.                              2.     The invitation to tender shall relate to barley for
(3)  OJ  No   L 201 , 21 . 7. 1973 , p. 10 .                           export to countries of Zones I, II and III as defined in
(4)  OJ  No   L 11 , 16 . 1 . 1975, p. 2.                              the Annex to Regulation (EEC) No 941 /72.
(5)  OJ  No   125, 26 . 6 . 1967, p . 2453/ 67 .
(<>) OJ  No   L 11 , 16 . 1 . 1975, p . 3 .
( 7) OJ  No   L 107, 6 . 5 . 1972, p. 10 .                             H OJ No L 77, 26. 3 . 1975, p . 13 .
( 8) OJ  No   L 319 , 20 . 11 . 1973 , p . 10 .                        ( 10) OJ No L 31 , 5 . 2 . 1975, p . 8 .
 ---pagebreak--- No L 195/ 16                           Official Journal of the European Communities                             26 . 7 . 75
3 . The invitation shall remain open until 18                                              Article 7
December 1975. During this period weekly awards
shall be made, the time limits for the submission of              1.    If the obligation to export is not filfilled, the
tenders to be as prescribed in the notice of invitation           security mentioned in Article 3 of Regulation (EEC)
to tender.                                                        No 3130/73 and (EEC) No 279/75 shall be forfeit in
                                                                  respect of a quantity equal to the difference between
                          Article 2                               93 % of the net quantity indicated on the export
                                                                  licence and the net quantity actually exported.
A tender shall be valid only if it relates to an amount
of not less than 1 000 metric tons .                              2. However, if the quantity exported is less than
                                                                  7 % of the net quantity indicated on the licence, the
                                                                  security shall be forfeit in its entirety.
                          Article 3
                                                                  3.    On request by the titular holder of the licence,
 1 . The security referred to in Article 3 of Regula­
                                                                  Member States may release the security by instalments
tion (EEC) No 3130/73 and of Regulation (EEC) No
279/75 shall be 20 units of account per metric ton .              in proportion to the quantities of product for which
                                                                  proof of exportation as referred to in Article 7 ( 1 ) of
2. By way of derogation from Article 7 ( 1 ) of Regula­           Regulations (EEC) No 3130/73 and (EEC) No 279/75
tions (EEC) No 3130/73 and (EEC) No 279/75, the                   has been furnished, provided that such proof esta­
security provided for in paragraph 1 shall subject to             blishes that a quantity equal to at least 7 % of rhe net
 force majeure be released only in respect of any quan­           quantity indicated on the licence has been exported.
tity for which the tender was not accepted or for
which the tenderer furnishes proof of arrival at its
                                                                                           Article 8
destination , such proof to be furnished as provided in
the second, third and fourth subparagraphs of Article             The tenders submitted must reach the Commission
 11 ( 1 ) of Regulation (EEC) No 192/75 ( J ).
                                                                  through the intermediary of Member States at the
                                                                  latest one and a half hours after expiry of the period
                           Article 4                              for the weekly submission of tenders as specified in
                                                                  the notice of invitation to tender. They must be
The zone of destination as specified in Article 1 (2)             communicated in the form indicated in the Annex .
shall be indicated in section 13 of the licence applica­
tion and of the licence itself. The issue of a licence
                                                                  If no tenders are received, Member States shall inform
shall carry with it the obligation to export to that desti­       the Commission of this within the time limit indi­
nation .
                                                                  cated in the preceding paragraph .
                           Article 5
                                                                                            Article 9
 If tenderer fails to comply with the undertaking given
by him pursuant to Article 2 (3) (b) of Regulations               During the period in which Summer Time applies in
(EEC) No 3130/73 and (EEC) No 279/75, no export                   Italy, the times fixed for the submission of tenders
licence shall be issued and the security lodged                   shall be regarded in that Member State as extended by
 pursuant to Article 3 of those Regulations shall accord­         one hour. During the period during which Summer
 ingly be forfeit.                                                Time does not apply in the United Kingdom and in
                                                                  Ireland , the times fixed for the submission of tenders
                           A rticle 6                             shall be regarded in those Member States as brought
                                                                  forward by one hour.
 1 . By way of derogation from the provisions of
Article 9(1 ) of Regulation (EEC) No 193/75 (2 ), export                                   Article 10
 licences issued under Article 8 ( 1 ) of Regulation (EEC)
 No 3130/73 or under the like provision of Regulation
(EEC) No 279/75 shall for the purpose of determining               1 . By way of derogation from Article 5 of Regula­
their period of validity be deemed to have been issued            tions ( EEC) No 3130/73 and (EEC) No 279/75, the
on the day on which the tender was submitted .                    Commission shall decide, under the procedure laid
                                                                  down in Article 26 of Regulation No 120/67/EEC :
 2.      Export licences issued in connection with the
 invitation to tender pursuant to this Regulation shall           — to fix a maximum export refund, taking account in
be valid from their date of issue, as defined in the
                                                                       particular of the criteria laid down in Articles 2
                                                                       and 3 of Regulation No 139/67/ EEC, or
 previous paragraph until the end of the fourth month
 following that of issue .                                        — to fix a minimum export levy, taking account in
                                                                       particular of the criteria laid 'down in Article
(') OJ No L 25, 31 . 1 . 1975, p. 1 .                                  3(1 ) (b) and (d) of Regulation (EEC) No 1968 /73,
(-') OJ No L 25, 31 . 1 . 1975, p. 10.                                 or
 ---pagebreak--- 26 . 7 . 75                       Official Journal of the European Communities                     No L 195/ 17
— to make no award .                                        cates a rate of levy equal to or greater than such
                                                            minimum export levy.
2. Where a maximum export refund is fixed a
contract shall be awarded to any tenderer whose
tender indicates a rate of refund equal to or less than                           Article 11
such maximum export refund and to any tenderer
who has tendered for an export levy.
                                                            This Regulation shall enter into force on the day
Where a minimum export levy is fixed a contract             following its publication in the Official Journal of
shall be awarded to any tenderer whose tender indi­          the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 25 July 1975.
                                                                     For the Commission
                                                                       P.J. LARDINOIS
                                                                 Member of the Commission
 ---pagebreak--- No L 195/ 18                  Official Journal of the European Communities                               26 . 7 . 75
                                                     ANNEX
           Weekly tender for the levy/refund for the export of barley to the countries of Zones I , II
                                                     and III
                          Expiry of the period for the submission of tenders (date/time)
                                                        I
                      1                 2                                        .5
                Number of            Quanlity                Amount of export levy in national currency
                  tender          in metric tons                          per metric ton
                      1
                    2
                    3
                    4
                     5
                   etc.
                                                         I
                      1                 2                                        3
                Number of            Quantity               Amount of export refund in national currency
                  tender          in metric tons                          per metric ton
                     1
                     2
                     3
                    4
                     .5
                   etc.