CELEX: 31981R1062
Language: en
Date: 1981-04-23 00:00:00
Title: Commission Regulation (EEC) No 1062/81 of 15 April 1981 opening an invitation to tender for the levy and/or refund for the export of durum wheat to countries in Zones I, V and VI

No L 111 / 18                           Official Journal of the European Communities                                23 . 4. 81
                                  COMMISSION REGULATION (EEC) No 1062/81
                                                       of 15 April 1981
              opening an invitation to tender for the levy and/or refund for the export of
                                   durum wheat to countries in Zones I , V and VI
THE COMMISSION OF THE EUROPEAN                                    Whereas, in order to ensure that all those concerned
COMMUNITIES,                                                      are treated equally, it is necessary to lay down that the
                                                                  period of validity of the licences issued should be iden­
Having regard to the Treaty establishing the European             tical ;
Economic Community,
Having regard to Council Regulation (EEC) No                      Whereas, in order to ensure the smooth operation of
2727/75 of 29 October 1975 on the common organiza­                the tendering procedure, it is appropriate to prescribe
tion of the market in cereals (J), as last amended by             a minimum quantity to be tendered for and a time
the Act of Accession of Greece (2),                               limit and form for the communication of tenders
                                                                  submitted to the competent authorities ;
Having regard to Council Regulation (EEC) No
2747/75 of 29 October 1975 laying—tfown general
rules to be applied in the event of the cereals market            Whereas the measures provided for in this Regulation
being disturbed (3), as last amended by Regulation                are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
(EEC) No 2560/77 (4), and in particular Article 2 ( 1 )
thereof,
Having regard to Council Regulation (EEC) No
2746/75 of 29 October 1975 laying down general                     HAS ADOPTED THIS REGULATION :
rules for granting export refunds on cereals and
criteria for 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 durum wheat to tender for the export levy               provided for in the first indent of Article 2 (1 ) of Regu­
provided for in the first indent of Article 2 ( 1 ) of Regu­       lation (EEC) No 2747/75 and/or the export refund
lation (EEC) No 2747/75 and/or for the export refund               provided for in Article 5 of Regulation (EEC) No
provided for in Article 5 of Regulation (EEC) No                   2746/75 .
2746/75 ; whereas there is a demand on certain
specific markets ; whereas in order to ensure supply,              2.     The invitation to tender shall relate to durum
the invitation to tender for export should be limited
to Zones I, V and VI ;                                             wheat for export to Zones I, V and VI as defined in
                                                                   Annex I to Regulation (EEC) No 1 124/77 (n).
Whereas the detailed procedural rules governing invi­
 tations to tender are as regards the fixing of the export         3 . The invitation shall remain open until 30 June
 levy laid down in Commission Regulation (EEC) No                   1981 . During this period weekly awards shall be
 3130/73 (6), as amended by Regulations (EEC) No                   made, for which the time limits for the submission of
 278/75 (7) and (EEC) No 771 /75 (8), and, as regards the          tenders shall be as prescribed in the notice of invita­
 fixing of the export refund, in Commission Regula­                tion to tender.
 tion (EEC) No 279/75 (9), as amended by Regulation
 (EEC) No 2944/78 (10), whereas the commitments on
 the part of the tenderer include an obligation to lodge                                    Article 2
 an application for an export licence ; whereas compli­
 ance with this obligation may be ensured by requiring
 tenderers to lodge a tendering security of 12 ECU per             A tender shall be valid only if it relates to an amount
                                                                    of not less than 1 000 tonnes .
 tonne when they submit their tenders ;
 (i) OJ No L 281 , 1 . 11 . 1975, p. 1 .
 (2) OJ No L 291 , 19 . 11 . 1979, p . 17.                                                  Article 3
  3) OJ No L 281 , 1 . 11 . 1975, p. 82.
  4) OJ No L 303, 28 . 11 . 1977, p. 1 .
  5) OJ No L 281 , 1 . 11 . 1975, p. 78 .                           The security referred to in Article 3 of Regulation
  ') OJ No L 319, 20 . 11 . 1973, p. 10 .                           (EEC) No 3130/73 and in Article 3 of Regulation
  7) OJ No L 31 , 5. 2. 1975, p. 7.
  ») OJ No L 77, 26. 3. 1975, p. 13.                                (EEC) No 279/75 shall be 12 ECU per tonne.
  9) OJ No L 31 , 5. 2. 1975, p. 8 .
 (10) OJ No L 351 , 15. 12. 1978 , p. 16.                           (") OJ No L 134, 28 . 5. 1977, p. 53.
 ---pagebreak--- 23 . 4. 81                            Official Journal of the European Communities                        No L 111 / 19
                          Article 4                             tender indicates a rate of refund equal to or less than
                                                                such maximum export refund and to any tenderer
1 . Notwithstanding Article 21 (1 ) of Regulation               who has tendered for an export levy.
(EEC) No 3183/80 (!), export licences issued under
Article 8 ( 1 ) of Regulation (EEC) No 3130/73 or Regu­         Where a minimum export levy is fixed, a contract
lation (EEC) No 279/75 shall, for the purpose of deter­         shall be awarded to any tenderer whose tender indi­
mining their period of validity, be deemed to have              cates a rate of levy equal to or greater than such
been issued on the day on which the tender was                  minimum export levy.
submitted.
2. Export licences issued in connection with the                                         Article 6
invitation to tender pursuant to this Regulation shall
be valid from their date of issue, as defined in para­          Tenders    submitted    must    reach the  Commission
graph 1 , until the end of the second month following '         through the intermediary Member States at the latest
that of issue.                                                  one and a half hours after expiry of the period for the
                                                                weekly submission of tenders as specified in the
                          Article 5                             notice of invitation to tender. They must be communi­
                                                                cated 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 proce­           the Commission of this within the time limit indi­
dure laid down in Article 26 of Regulation (EEC) No             cated in the preceding paragraph.
2727/75 :
— to fix a maximum export refund, taking account in                                      Article 7
     particular of the criteria laid down in Articles 2
                                                                The time limits fixed for the submission of tenders
     and 3 of Regulation (EEC) No 2746/75, or
— 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                                      Article 8
— to make no award .
                                                                This Regulation shall enter into force on the day
2. Where a maximum export refund is fixed, a                    following its publication in the Official Journal of
contract shall be awarded to any tenderer whose                  the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 15 April 1981 .
                                                                         For the Commission
                                                                            Poul DALSAGER
                                                                      Member of the Commission
 (') OJ No L 388 , 13 . 12. 1980, p. 1 .
 ---pagebreak--- No L 111 /20                     Official Journal of the European Communities                        23 . 4. 81
                                                         ANNEX
           Weekly tender for the levy/refund for the export of durum wheat to the countries of Zones
                                                     I , V and VI
                                (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.
                                                           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.