CELEX: 31974R3250
Language: en
Date: 1974-12-24 00:00:00
Title: Regulation (EEC) No 3250/74 of the Commission of 20 December 1974 on an invitation to tender for the levy for the export of common wheat to the Islamic Republic of Pakistan

No L 346/34                            Official Journal of the European Communities                            24 . 12 . 74
                             REGULATION ( EEC) No 3250/74 OF THE COMMISSION
                                                     of 20 December 1974
                on an invitation to tender for the levy for the export of common wheat to the
                                                 Islamic Republic of Pakistan
 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 31^0/73 to fix a special period of validity
 Having regard to Council Regulation (EEC) No                     for licences issued in connection with the invitation
 1 968 /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
 676/74 (4 ), and in particular Article 4 thereof ;               Whereas provision must be made to ensure the
                                                                  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           Whereas the measures provided for in this Regulation
 Regulation ( 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 to the Islamic            ment Committee for Cereals,
 Republic of Pakistan ;
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 ) of 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 Islamic Republic of Pakistan .
whereas compliance with these obligations may be
ensured by requiring tenderers to give security when              3.    The invitation shall remain open until 27
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 the 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
I2) 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--- 24. 12 . 74                             Official Journal of the European Communities                          No L 346/35
                           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 discharge the security by instal­
Article 7 ( 1 ) of Regulation (EEC) No 3130/73 , the               ments in proportion to the quantities of product for
security provided for in paragraph 1 shall, subject to             which proof as referred to in Article 3 (2) has been
force majeure, be discharged only in respect of any                furnished, provided that such proof establishes that a
quantity for which the tender was not accepted or for              quantity equal to at least 7 % of the net quantity indi­
which the tenderer furnishes proof of arrival at its               cated on the licence has been exported to the destina­
destination , such proof to be furnished as provided in            tion in question .
the second, third and fourth subparahraphs of Article
8 ( 1 ) of Regulation No 1041 / 67/ EEC.
                                                                                             Article 8
The security shall be discharged 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 : ' Islamic
 Republic of Pakistan '. Every licence shall carry with it
an obligation to export to that destination .                                                Article 9
                           Article 5                               The tenders lodged must reach the Commission
                                                                    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 lodging of tenders , as specified in the
 tion ( EEC) No 3130/73, no export licence shall be                 notice of the invitation to tender. They must be
 issued and the security provided pursuant to Article 3             communicated in the form indicated in the Annex .
 ( 1 ) of that Regulation shall accordingly be forfeit.
                                                                    When no tenders are received , Member States shall
                            Article 6                               inform the Commission of this within the time limit
                                                                    indicated in the preceding paragraph .
  1.      By way of derogation from the provisions of
 Article 8 ( 1 ) of Regulation ( EEC) No 1373 / 70 ('),
 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
  lodged .                                                           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 during which Summer
  invitation to tender pursuant to the Regulation shall             Time 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 o /
 (') OJ No L 158 , 20 . 7 . 1970 , p. 1 .                            the I'.urohean Comuiunities.
 ---pagebreak--- No L 346/36                  Official Journal of the European Communities                        24 . 12 . 74
          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
                                                                Frangois-Xavier ORTOLI
 ---pagebreak--- 24. 12. 74                     Official Journal of the European Communities                              No L 346/37
                                                      ANNEX
           Weekly tender for the levy for export of common wheat to the Islamic Republic of Pakistan
                                Expiry of the period for lodging 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.