CELEX: 31984R1446
Language: en
Date: 1984-05-26 00:00:00
Title: Commission Regulation (EEC) No 1446/84 of 25 May 1984 opening an invitation to tender for the levy and/or refund for the export of common wheat to countries of zone IV c) and d)

26. 5. 84                                Official Journal of the European Communities                           No L 140/9
                                    COMMISSION REGULATION (EEC) No 1446/84
                                                        of 25 May 1984
               opening an invitation to tender for the levy and/or refund for the export of
                                   common wheat to countries of zone IV c) and d)
THE COMMISSION OF THE EUROPEAN                                     whereas compliance with this obligation may be
COMMUNITIES,                                                       ensured by requiring tenderers to lodge a tendering
                                                                   security of 12 ECU per tonne when they submit their
Having regard to the Treaty establishing the European              tenders ;
Economic Community,
                                                                   Whereas, in order to ensure equal treatment to all
Having regard to Council Regulation (EEC) No                       concerned, it is necessary to make provision such that
2727/75 of 29 October 1975 on the common organi­                   the periods of validity of licences issued are identical ;
zation of the market in cereals ('), as last amended by
Regulation (EEC) No 1451 /82 (2),                                  Whereas, in order to ensure the smooth operation of
                                                                   the tendering procedure, it is appropriate to prescribe
Having regard to Council Regulation (EEC) No                       a minimum quantity to be tendered for and a time
                                                                   limit and form for the communication of tenders
2747/75 of 29 October 1975 laying down general rules
to be applied in the event of the cereals market being             submitted to the competent authorities ;
disturbed (3), as last amended by Regulation (EEC) No
2560/77 (4), and in particular Article 2 ( 1 ) thereof,            Whereas the measures provided for in this Regulation
                                                                   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
fixing the amount of such refunds (*), and in particular           HAS ADOPTED THIS REGULATION :
Article 5 thereof,
Whereas, in view of the current situation on the                                           Article 1
cereals market, an invitation should be opened in
respect of common wheat to tender for the export levy               1 . Tenders shall be invited for the export levy
provided for in the first indent of Article 2 ( 1 ) of             provided for in the first indent of Article 2 ( 1 ) of
Regulation (EEC) No 2747/75 and/or for the export                  Regulation (EEC) No 2747/75 and/or the export
refund provided for in Article 5 of Regulation (EEC)               refund provided for in Article 5 of Regulation (EEC)
 No 2746/75 ; whereas there is demand for common                   No 2746/75.
wheat on certain specific markets ; whereas, in order to
ensure supply, the invitation to tender for export                 2.    The invitation to tender shall relate to common
should be limited to zone IV c) and d) ;                           wheat for export to the countries of zone IV c) and d)
                                                                   as defined in Annex I to Regulation (EEC) No
Whereas the detailed procedural rules governing                     1124/77.
invitations to tender are, as regards the fixing of the
export levy, laid down in Commission Regulation                    3. The invitation shall remain open until 30 May
(EEC) No 3130/73 (6), as amended by Regulations                     1985. During this period weekly awards shall be made,
(EEC) No 278/75 0 and (EEC) No 771 /75 (8), and, as                for which the quantity and the time limits for the
regards the fixing of the export refund, in Commission             submission of tenders shall be as prescribed in the
                                                                   notice of invitation to tender.
Regulation (EEC) No 279/75 (9), as amended by Regu­
lation (EEC) No 2944/78 (l0) ; whereas the commit­
ments on the part of the tenderer include an obliga­
                                                                                           Article 2
tion to lodge an application for an export licence ;
                                                                   A tender shall be valid only if it relates to an amount
(') OJ  No L   281 , 1 . 11 . 1975, p. 1 .                         of not less than 1 000 tonnes.
(2) OJ  No L   164, 14. 6. 1982, p. 1 .
(3  OJ  No L   281 , 1 . 11 . 1975, p. 82.
O   OJ  No L   303, 28 . 11 . 1977, p. 1 .                                                 Article 3
0   OJ  No L   281 , 1 . 11 . 1975, p. 78 .
(6) OJ  No L   319, 20 . 11 . 1973, p. 10.
0   OJ  No L   31 , 5. 2. 1975, p. 7.                              The security referred to in Article 3 of Regulation
(8) OJ No  L   77, 26. 3 . 1975, p. 13 .                           (EEC) No 3130/73 and in Article 3 of Regulation
0   OJ No  L   31 , 5. 2. 1975, p. 8 .
0°) OJ No L 351 , 15. 12. 1978, p. 16.                             (EEC) No 279/75 shall be 12 ECU per tonne.
 ---pagebreak--- No L 140/ 10                         Official Journal of the European Communities                            26. 5. 84
                          Article 4                            maximum export refund and to any tenderer who has
                                                               tendered for an export levy.
1 . Notwithstanding Article 21 ( 1 ) of Regulation
(EEC) No 3183/80 ('), export licences issued under             Where a minimum export levy is fixed, a contract
Article 8 ( 1 ) of Regulation (EEC) No 3130/73 or under        shall be awarded to any tenderer whose tender indi­
Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, for       cates a rate of levy equal to or greater than such
the purpose of determining their period of validity, be        minimum export levy.
deemed to have been issued on the day on which the
tender was submitted.
                                                                                       Article 6
2. Export licences issued in connection with the
invitation to tender pursuant to this Regulation shall         Tenders    submitted   must    reach  the   Commission
be valid from their date of issue, as defined in para­
graph 1 , until the end of the fourth month following          through the intermediary of Member States at the
that of issue.                                                 latest, one and a half hours after expiry of the period
                                                               for the weekly submission of tenders as specified in
                          Article 5
                                                               the notice of invitation to tender. They must be
                                                               communicated in the form indicated in the Annex.
1 . Notwithstanding Article 5 of Regulation (EEC)
No 3130/73 and Article 5 of Regulation (EEC) No                If no tenders are received, Member States shall inform
279/75, the Commission shall decide, under the                 the Commission of this within the time limit indi­
procedure laid down in Article 26 of Regulation (EEC)          cated in the preceding paragraph.
No 2727/75 :
— to fix a maximum export refund, taking account in                                    Article 7
     particular of the criteria laid down in Articles 2
    and 3 of Regulation (EEC) No 2746/75, or                   The time limits fixed for the submission of tenders
— to fix a minimum export levy, taking account in              shall correspond to Belgian time.
     particular of the criteria laid down in Article 3 ( 1 )
    (b) and (d) of Regulation (EEC) No 2747/75, or
— to make no award .                                                                   Article 8
2. Where a maximum export refund is fixed, a                   This Regulation shall enter into force on the day
contract shall be awarded to any tenderer whose tender         following its publication in the Official Journal of the
indicates a rate of refund equal to or less than such          European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                 Done at Brussels, 25 May 1984.
                                                                         For the Commission
                                                                           Poul DALSAGER
                                                                     Member of the Commission
(') OJ No L 388, 13 . 12. 1980, p. 1 .
 ---pagebreak--- 26. 5. 84                      Official Journal of the European Communities                     No L 140/ 11
                                                     ANNEX
          Weekly tender for the levy and/or refund for the export of common wheat to countries of
                                                zone IV c) and d)
                              (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          Il
                   3          \\
                   4          II\
                   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 .