CELEX: 31975R0280
Language: en
Date: 1975-02-05
Title: Regulation (EEC) No 280/75 of the Commission of 4 February 1975 on an invitation to tender for the levy and/or the refund for the export of common wheat to third countries

5 . 2 . 75                              Official Journal of the European Communities                          No L 31 / 11
                              REGULATION (EEC) No 280/75 OF THE COMMISSION
                                                      of 4 February 1975
                on an invitation to tender for the levy and/or the refund for the export of
                                              common wheat to third countries
THE COMMISSION OF THE EUROPEAN                                    Whereas the objective of the tendering procedure can
COMMUNITIES,                                                       be attained only if every successful tenderer fulfils all
                                                                   the commitments entered into by him when submit­
                                                                   ting his tender ; whereas these commitments include
Having regard to the Treaty establishing the European              an obligation to lodge an application for an export
Economic Community ;                                               licence ; whereas compliance with this obligation may
                                                                   be ensured by requiring the tenderer to give security
                                                                  when submitting his tender ;
Having regard to Council Regulation No 120/
67/EEC (') of 13 June 1967 on the common organiza­                Whereas, in order to ensure equal treatment to all
tion of the market in cereals, as last amended by Regu­           concerned, it is necessary to make provision such that
lation (EEC) No 85/75 (2) ;                                        the effective period of validity of licences issued to
                                                                   successful tenderers in connection with the invitation
                                                                   to tender is identical ;
Having regard to Council Regulation (EEC) No
 1 968/73 (3) of 19 July 1973 laying down general rules           Whereas provision must be made to ensure the
to be applied in the event of the cereals market being             smooth operation of the procedure for tendering for
disturbed, as last amended by Regulation (EEC) No                  export levies and refunds ; whereas to this end it is
86/75 (4), and in particular Article 4(2) thereof ;                appropriate to prescribe a minimum quantity to be
                                                                   tendered   for and a time      limit and  form  for the
                                                                  communication of tenders submitted to the compe­
Having regard to Council Regulation No 139/                        tent authorities ;
67/ EEC (5) of 21 June 1967 laying down general rules
for granting export refunds on cereals and criteria for           Whereas the measures provided for in this Regulation
fixing the amount of such refunds, as last amended by              are in accordance with the Opin-on of the Manage­
Regulation (EEC) No 87/75 (6), and in particular                   ment Committee for Cereals,
Article 4a thereof ;
Whereas, having regard to the current situation on the
                                                                   HAS ADOPTED THIS REGULATION :
cereals market, there should be opened in respect of
common wheat an invitation to tender for the export
levy provided for in the first indent of Article 2(1 ) of
Regulation (EEC) No 1968 /73 and for the export                                             Article 1
refund provided for in Article 4a of Regulation No
 139/67/EEC ;                                                      1 . Tenders shall be invited for the export levy
                                                                   provided for in the first indent of Article 2(1 ) of
                                                                   Council Regulation (EEC) No 1968/73 and/or the
Whereas the detailed rules governing invitations to                export refund provided for in Article 4a of Regulation
tender are as regards the export levy contained in                 No 139/67/ EEC .
Commission Regulation (EEC) No 31 30/73 (7) of 16
November 1973 establishing the conditions for the                  2.    The invitation to tender shall relate to common
application of the system of tendering for export                  wheat.
levies or cereals and as regards the export refund in
Commission Regulation (EEC) No 279/75 (8) laying                   3 . The invitation shall remain open until 24 April
down detailed rules for the application of the system              1975. During this period weekly awards shall be
of tendering for export refunds on cereals ;                       made , the time limits for the submission of tenders to .
                                                                   be as prescribed in the notice of invitation to tender.
(')  OJ  No 117, 19 . 6 . 1967, p. 2269/67.
(2 ) OJ  No L 11 , 16. 1 . 1975, p. 1 .
(3)  OJ  No L 201 , 21 . 7. 1973, p. 10.
(4)  OJ  No L 11 , 16. 1 . 1975, p. 2.                                                      Article 2
(5)  OJ  No 125, 26. 6. 1967, p . 2453/67.
(6)  OJ  No L 11 , 16. 1 . 1975, p. 3.
(7)  OJ  No L 319, 20. 11 . 1973, p. 10.                          A tender shall be valid only if it relates to an amount
(8)  See p. 8 of this Official Journal.                            of not less than 250 metric tons .
 ---pagebreak--- No L 31 / 12                              Official Journal of the European Communities                                5 . 2 . 75
                           A rt iclc 3                               latest one and a half hours after expiry of the period
                                                                     for the weekly submission of tenders as specified in
The security referred to in Article 3 of Regulation                  the notice of invitation to tender. They must be
                                                                     communicated in the form indicated in the Annex
(EEC) No 3130 /73 and of Regulation (EEC) No
                                                                     hereto .
279/75 shall be 10 units of account per metric ton .
                                                                     If no tenders are received, Member States shall inform
                           Article 4                                 the Commission of this within the time limit indi­
                                                                     cated in the preceding paragraph .
If a tenderer fails to comply with the undertaking
given by him pursuant to Article 2 (3) (b) of the Regu­
lations referred to in the preceding Article, no export                                       Article 8
licence shall be issued and the security lodged
pursuant to Article 3 of those Regulations shall accord­
ingly be forfeit.                                                    During the period in which Summer Time applies in
                                                                     Italy, the times fixed for the submission of tenders
                                                                     shalF be regarded in that Member State as extended by
                                                                     one hour. During the period during which Summer
                            Article 5
                                                                    Time does not apply in the United Kingdom and in
                                                                     Ireland, the times fixed for the submission of tenders
By way of derogation from the provisions of Article                  shall be regarded in those Member States as brought
8(1 ) of Regulation (EEC) No 1373 /70 (') export                     forward by one hour.
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
their period of validity be deemed to have been issued                                        Article 9
on the day on which the tender was submitted .
                                                                      1.    By way of derogation from Article 5 of Regula­
                                                                     tions (EEC) No 3130/73 and (EEC) No 279 /75, the
                            Article 6                                Commission shall decide, under the procedure laid
                                                                     down in Article 26 of Regulation No 120/67/EEC :
 1 . If the obligation to export is not fulfilled, the
 security mentioned in Article 3 of Regulations (HEC)                — to fix a maximum export refund, taking account in
 No 3130/73 and ( EEC) No 279/75 shall be forfeit in                      particular of the criteria laid down in Articles 2
 respect of a quantity equal to the difference between                   and 3 of Regulation No 139/ 67/EEC, or
 93 % of the net quantity indicated on the export                    — to fix a minimum export levy, taking account in
 licence and the net quantity actually exported .                         particular of the criteria laid down in Article 3 ( 1 )
                                                                         (b) and (d) of Regulation (EEC) No 1968 /73, or
 2.      However, if the quantity exported is less than
                                                                     — to make no award .
 7 % of the net quantity indicated on the licence the
 security shall be forfeit in its entirety.
                                                                     2.     Where a maximum export refund is fixed a
 3.      On request by the titular holder of the licence             contract shall be awarded to any tenderer whose
 holder, Member States may release the securit" by                   tender indicates a rate of refund equal to or less than
 instalments in proportion to the quantities of pre duct             such maximum export refund and to any tenderer
 for which proof of exportation as referred to in Aiticle            who has tendered for an export levy.
 7 ( 1 ) of Regulations (EEC) No 3130/73 and (EEC No
 279/75 has been furnished , provided that such proof                Where a minimum export levy is fixed a contract
 establishes that a quantity equal to at least 7 % of the            shall be awarded to any tenderer whose tender indi­
  let quantity indicated on the licence has been                     cates a rate of levy equal to or greater than such
 exported .                                                          minimum export levy.
                            A rticle 7
                                                                                             Article 10
  riie tenders submitted must reach the Commission
  hrough the intermediary of Member States at the                    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--- 5 . 2 . 75                    Official Journal of the European Communities                        No L 31 / 13
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 4 February 1975 .
                                                                  For the Commission
                                                                    P. J. LARDINOIS
                                                              Member of the Commission
 ---pagebreak--- No L 31/ 14                 Official Journal of the European Communities                               5 . 2. 75
                                                   ANNEX
             Weekly tender for the levy/refund for the export of common wheat to third countries
                             Expiry of the period for lodging tenders (date/time)
                                                        I
                  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.
                                                       II
                  1                    2                                       3
            Numbering of            Quantity              Amount of export refund in national currency
              tenders            in metric tons                         per metric ton
                 1
                 2
                 3
                 4
                 5
                etc.