CELEX: 31980R3024
Language: en
Date: 1980-11-25 00:00:00
Title: Commission Regulation (EEC) No 3024/80 of 24 November 1980 opening an invitation to tender for the levy and/or refund for the export of common wheat to Poland, Czechoslovakia, Hungary, Romania, Bulgaria and the German Democratic Republic, and amending Regulation (EEC) No 1429/80

No L 317 / 12                                 Official Journal of the European Communities                                       25 . 11 . 80
                                          COMMISSION REGULATION (EEC) No 3024/80
                                                           of 24 November 1980
               opening an invitation to tender for the levy and/or refund for the export of common
               wheat to Poland, Czechoslovakia, Hungary, Romania, Bulgaria and the German
                               Democratic Republic, and amending Regulation ( EEC) No 1429/80
THE COMMISSION OF THE EUROPEAN                                           Hungary,       Romania , Bulgaria and the German
COMMUNITIES ,                                                            Democratic Republic ;
Having regard to the Treaty establishing the                             Whereas the detailed procedural rules governing
European Economic Community,                                             invitations to tender are as regards the fixing of the
                                                                         export levy laid down in Commission Regulation
Having regard to Council Regulation (EEC) No                             ( EEC) No 3130 / 73 ( 7), as amended by Regulations
2727 / 75 of 29 October 1975 on the common organi­                       (EEC) No 278 / 75 (8) and ( EEC) No 771 / 75 ('), and ,
zation of the market in cereals ('), as last amended by                  as regards the fixing of the export refund , in
Regulation (EEC) No 1870 / 80 (2),                                       Commission Regulation (EEC) No 279 / 75 ( 10), as
                                                                         amended by Regulation (EEC) No 2944 / 78 ( n );
Having regard to Council Regulation (EEC) No                             whereas the commitments on the part of the tenderer
2747 / 75 of 29 October 1975 laying down general                         include an obligation to lodge an application for an
rules to be applied in the event of the cereals market                   export licence ; whereas compliance with this
being disturbed (}), as last amended by Regulation                       obligation may be ensured by requiring tenderers to
(EEC) No 2560 / 77 (J), and in particular Article 2 (1 )                 lodge a tendering security of 12 ECU per tonne when
thereof,                                                                 they submit their tenders ;
Having regard to Council Regulation ( EEC) No                            Whereas , in order to ensure equal treatment to all
2746 /75 of 29 October 1975 laying down general                          concerned , it is necessary to make provision such that
rules for granting export refunds on cereals and                         the periods of validity of licences issued are identical ;
criteria for fixing the amount of such refunds ( 5), and
in particular Article 5 thereof,                                         Whereas, in order to ensure the smooth operation of
                                                                         the tendering procedure, it is appropriate to prescribe
Whereas by Commission Regulation ( EEC) No                               a minimum quantity to be tendered for and a time
1429/ 80 of 6 June 1980 (6) an invitation to tender for                  limit and form for the communication of tenders
the export of common wheat to Poland ,                                   submitted to the competent authorities ;
Czechoslovakia, Hungary, Romania, Bulgaria and
the German Democratic Republic was opened ;                              Whereas the measures provided for in this Regulation
whereas in view of the present situation the invitation                  are     in   accordance with                the opinion   of the
to tender should be closed ;                                             Management Committee for Cereals ,
Whereas, in view of the current situation on the                          HAS ADOPTED THIS REGULATION :
cereals market, an invitation should be opened in
respect of common wheat to tender for the export
levy provided for in the first indent of Article 2 ( 1 ) of                                             Article 1
Regulation (EEC) No 2747 / 75 and /or for the export
refund provided for in Article 5 of Regulation ( EEC )                    1 . The date specified in Article 1 (3) of Regulation
No 2746 /75 ; whereas there is demand for common
                                                                          (EEC ) No 1429 / 80 shall be replaced by '4 December
wheat on certain specific markets ; whereas in order                      1980 '.
to ensure supply, the invitation to tender for export
should     be   limited        to     Poland ,    Czechoslovakia ,
                                                                         2 . Tenders shall be invited for the export levy
                                                                         provided for in the first indent of Article 2 ( 1 ) of
  ') OJ  No  L 281 , 1 . 1 1 . 1975 , p . 1 .
  2) OJ  No  L 184 , 17 . 7 . 1980 , p . 1 .                                O   OJ  No L 319 , 20 . 11 . 1973 , p . 10 .
  3) OJ  No  L 281 , 1 . 11 . 1975 , p . 82 .                               (•) OJ  No L 31 , 5 . 2 . 1975 , p . 7 .
  4) OJ  No  L 303 , 28 . 11 . 1977 , p . 1 .                               O   OJ  No L 77 , 26 . 3 . 1975 , p . 13 .
  5) OJ  No  L 281 , 1 . 11 . 1975 , p . 78 .                             ( 10) OJ  No L 31 , 5 . 2 . 1975 , p . 8 .
  6) OJ  No  L 143 , 7 . 6 . 1980 , p . 9 .                               (")   OJ  No L 351 , 15 . 12 . 1978 , p . 16 .
 ---pagebreak--- 25 . 11 . 80                             Official Journal of the European Communities                           No L 317 / 13
Regulation (EEC) No 2747 / 75 and / or the export                   279 / 75 , the Commission shall decide , under the
refund provided for in Article 5 of Regulation (EEC)                procedure laid down in Article 26 of Regulation
No 2746 / 75 .                                                      ( EEC) No 2727/ 75 :
3.     The invitation to tender shall relate to common              — to fix a maximum export refund, taking account
wheat for export to Poland , Czechoslovakia,                            in particular of the criteria laid down in Articles 2
Hungary, Romania, Bulgaria and the German                               and 3 of Regulation (EEC) No 2746 /75 , or
Democratic Republic.
                                                                    — to fix a minimum export levy, taking account in
4 . The invitation shall remain open until 30 June                      particular of the criteria laid down in Article 3 (1 )
 1981 . During this period weekly awards shall be                       (b) and (d) of Regulation (EEC) No 2747 / 75 , or
made , for which the time limits for the submission of
                                                                    — to make no award .
tenders shall be as prescribed in the notice of
invitation to tender .
                                                                    2 . Where a maximum export refund is fixed , a
                                                                    contract shall be awarded to any tenderer whose
                            Article 2                               tender indicates a rate of refund equal to or less than
                                                                    such maximum export refund and to any tenderer
A tender shall be valid only if it relates to an amount             who has tendered for an export levy.
of not less than 1 000 tonnes .
                                                                    Where a minimum export levy is fixed, a contract
                                                                    shall be awarded to any tenderer whose tender
                            Article 3
                                                                    indicates a rate of levy equal to or greater than such
                                                                    minimum export levy.
The security referred to in Article 3 of Regulation
(EEC) No 3130 / 73 and in Article 3 of Regulation                                            Article 6
(EEC) No 279 / 75 shall be 12 ECU per tonne .
                                                                    Tenders     submitted   must    reach   the Commission
                            Article 4                               through the intermediary of Member States at the
                                                                    latest one and a half hours after expiry of the period
1 . Notwithstanding Article 9 ( 1 ) of Regulation                   for the weekly submission of tenders as specified in
(EEC) No 193 / 75 ('), export licences issued under                 the notice of invitation to tender. They must be
                                                                    communicated in the form indicated in the Annex .
Article 8 ( 1 ) of Regulation (EEC) No 3130 / 73 or
under Article 8 ( 1 ) of Regulation (EEC) No 279 / 75               If no tenders are received , Member States shall
shall , for the purpose of determining their period of              inform the Commission of this within the time limit
validity, be deemed to have been issued on the day on               indicated in the preceding paragraph .
which the tender was submitted .
2.     Export licences issued in connection with the                                         Article 7
invitation to tender pursuant to this Regulation shall
be valid from their date of issue , as defined in                   The time limits fixed for the submission of tenders
paragraph 1 , until the end of the fourth month                     shall correspond to Belgian time .
following that of issue .
                                                                                             Article 8
                            Article 5
                                                                    This Regulation shall enter into force on the day
1 . Notwithstanding Article 5 of Regulation (EEC)                   following its publication in the Official Journal of the
No 3130 / 73 and Article 5 of Regulation (EEC) No                   European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels , 24 November 1980 .
                                                                                         For the Commission
                                                                                         Finn GUNDELACH
                                                                                            Vice-President
(') OJ No L 25 , 31 . 1 . 1975 , p. 10 .
 ---pagebreak--- No L 317 / 14                      Official Journal of the European Communities                          25 . 11 . 80
                                                         ANNEX
             Weekly tender for the levy/refund for the export of common wheat to Poland, Czechoslovakia,
                            Hungary, Romania, Bulgaria 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 .