CELEX: 31983R1256
Language: en
Date: 1983-05-21 00:00:00
Title: Commission Regulation (EEC) No 1256/83 of 20 May 1983 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)

No L 133 / 36                         Official Journal of the European Communities                               21 . 5. 83
                                 COMMISSION REGULATION (EEC) No 1256/83
                                                      of 20 May 1983
               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                                  part of the tenderer include an obligation to lodge an
COMMUNITIES,                                                    application for an export licence ; whereas compliance
                                                                with this obligation may be ensured by requiring
Having regard to the Treaty establishing the European           tenderers to lodge a tendering security of 12 ECU per
Economic Community,                                             tonne when they submit their tenders ;
                                                                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
                                                                a minimum quantity to be tendered for and a time
Having regard to Council Regulation (EEC) No                    limit and form for the communication of tenders
2747/75 of 29 October 1975 laying down general rules
                                                                submitted to the competent authorities ;
to be applied in the event of the cereals market being
disturbed (3), as last amended by Regulation (EEC) No           Whereas the measures provided for in this Regulation
2560/77 (4), and in particular Article 2 ( 1 ) thereof,         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         HAS ADOPTED THIS REGULATION :
fixing the amount of such refunds (5), and in particular
Article 5 thereof,
                                                                                        Article 1
Whereas, in view of the current situation on the
cereals market, an invitation should be opened in               1 . Tenders shall be invited for the export levy
respect of common wheat to tender 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 the export
Regulation (EEC) No 2747/75 and/or for the export               refund provided for in Article 5 of Regulation (EEC)
                                                                No 2746/75 .
refund provided for in Article 5 of Regulation (EEC)
No 2746/75 ; whereas there is demand for common
                                                                2.    The invitation to tender shall relate to common
wheat on certain specific markets ; whereas, in order to
ensure supply, the invitation to tender for export              wheat for export to the countries of Zone IV c) and d)
should be limited to Zone IV c) and d) ;                        as defined in Annex I to Regulation (EEC) No
                                                                 1124/77.
Whereas the detailed procedural rules governing invi­           3 . The invitation shall remain open until 28 June
tations to tender are, as regards the fixing of the export       1984. During this period weekly awards shall be made,
levy, laid down in Commission Regulation (EEC) No               for which the time limits for the submission of tenders
31 30/73 (6), as amended by Regulations (EEC) No                shall be as prescribed in the notice of invitation to
278/75 (7) and (EEC) No 771 /75 (8), and, as regards the        tender.
fixing of the export refund, in Commission Regulation
(EEC) No 279/75 (9), as amended by Regulation (EEC)
                                                                                        Article 2
No 2944/78 (l0) ; whereas the commitments on the
                                                                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.
(4) OJ No L 303, 28 . 11 . 1977, p. 1 .                                                  Article 3
(*) 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
(9) OJ No L 31 , 5. 2. 1975, p. 8 .                               EEC No 279/75 shall be 12 ECU per tonne.
H OJ No L 351 , 15. 12. 1978 , p. 16.
 ---pagebreak---   21 . 5. 83                           Official Journal of the European Communities                         No L 133/37
                           Article 4                              maximum export refund and to any tenderer who has
                                                                  tendered for an export levy.
  1 . Nothwithstanding 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, 20 May 1983.
                                                                           For the Commission
                                                                             Poul DALSAGER
                                                                      Member of the Commission
(') OJ No L 388, 13. 12. 1980, p. 1 .
 ---pagebreak--- No L 133 / 38                     Official Journal of the European Communities                       21 . 5 . 83
                                                         ANNEX
            Weekly tender for the levy/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           \
                     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 .