CELEX: 31982R0856
Language: en
Date: 1982-04-15 00:00:00
Title: Commission Regulation (EEC) No 856/82 of 13 April 1982 opening an invitation to tender for the levy and/or refund for the export of common wheat to Poland

15. 4. 82                                Official Journal of the European Communities                           No L 99/ 17
                                     COMMISSION REGULATION (EEC) No 856/82
                                                         of 13 April 1982
               opening an invitation to tender for the levy and/or refund for the export of
                                                    common wheat to Poland
THE COMMISSION OF THE EUROPEAN                                      (EEC) No 279/75 (9), as amended by Regulation (EEC)
COMMUNITIES,                                                        No 2944/78 (10) ; whereas the commitments on the
                                                                    part of the tenderer include an obligation to lodge an
 Having regard to the Treaty establishing the European              application for an export licence ; whereas compliance
 Economic Community,                                                with this obligation may be ensured by requiring
                                                                    tenderers to lodge a tendering security of 12 ECU per
Having regard to Council Regulation (EEC) No                        tonne when they submit their tenders ;
2727/75 of 29 October 1975 on the common organi­
zation of the market in cereals ('), as last amended by
Regulation (EEC) No 3808/81 (2),                                    Whereas, in order to ensure equal treatment to all
                                                                    concerned, it is necessary to make provision such that
Having regard to Council Regulation (EEC) No                        the periods of validity of licences issued are identical ;
2747/75 of 29 October 1975 laying down general rules
to be applied in the event of the cereals market being              Whereas, in order to ensure the smooth operation of
disturbed (3), as last amended by Regulation (EEC) No               the tendering procedure, it is appropriate to prescribe
2560/77 (4), and in particular Article 2 (1 ) thereof,              a minimum quantity to be tendered for and a time
                                                                    limit and form for the communication of tenders
Having regard to Council Regulation (EEC) No                        submitted to the competent authorities ;
2746/75 of 29 October 1975 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 (*), and in particular            are in accordance with the opinion of the Management
Article 5 thereof,                                                  Committee for Cereals,
Whereas the Council agreed at its meeting on 1 April
1982 in Brussels, that steps should be taken to facili­
tate the purchase by Poland of certain agricultural
products of the Community ; whereas in view of the                  HAS ADOPTED THIS REGULATION :
available supplies of Community cereals it is possible
to put at the disposal of Poland some 1 60 000 tonnes
of common wheat ;                                                                           Article 1
Whereas, in view of the current situation on the
cereals market, an invitation to tender should be                   1 . Tenders shall be invited for the export levy
opened in respect of common wheat for the export                    provided for in the first indent of Article 2 (1 ) of
levy 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 barley on
                                                                    2.    The invitation to tender shall relate to common
certain specific markets ; whereas, in order to ensure
supply, the invitation to tender for export should be               wheat for export to Poland.
limited to exports to Poland ;
                                                                    3.    The invitation shall remain open until 30 June
Whereas the detailed procedural rules governing invi­               1982. During this period weekly awards shall be made,
tations to tender are, as regards the fixing of the export          for which the time limits for the submission of tenders
levy, laid down in Commission Regulation (EEC) No                   shall be as prescribed in the notice of invitation to
3130/73 (*), as amended by Regulations (EEC) No                     tender.
278/75 f) and (EEC) No 771 /75 (8) and, as regards the
fixing of the export refund, in Commission Regulation
                                                                                            Article 2
(') OJ  No  L  281 , 1 . 11 . 1975, p. 1 .
(2) OJ  No  L  382,  31 . 12. 1981 , p. 37.
(3) OJ  No  L  281 , 1 . 11 . 1975, p. 82.                          1.    A tender shall be valid only if it relates to an
(4) OJ  No  L  303,  28 . 11 . 1977, p. 1 .                         amount of not less than 1 000 tonnes.
(0  OJ  No  L  281 , 1 . 11 . 1975, p. 78 .
(«) OJ  No  L  319,  20. 11 . 1973, p. 10.
0 OJ No L 31 , 5. 2. 1975, p. 7.                                    0 OJ No L 31 , 5. 2. 1975, p. 8.
(8) OJ No L 77, 26. 3. 1975, p. 13.                                 (10) OJ No L 351 , 15. 12. 1978, p. 16.
 ---pagebreak--- No L 99/ 18                         Official Journal of the European Communities                              15. 4. 82
2.    Tenders shall be valid only if they are accompa­         — to fix a minimum export levy, taking account in
nied by the proof of an undertaking to purchase by                 particular of the criteria laid down in Article 3 (1 )
the Polish authorities covering the invitation to tender           (b) and (d) of Regulation (EEC) No 2747/75, or
in question and a given quantity.                              — to make no award.
                         Article 3                             2. Where a maximum export refund is fixed, a
                                                               contract shall be awarded to any tenderer whose tender
The security referred to in Article 3 of Regulation            indicates a rate of refund equal to or less than such
(EEC) No 3130/73 and in Article 3 of Regulation                maximum export refund and to any tenderer who has
  EEC) No 279/75 shall be 12 ECU per tonne.                    tendered for an export levy.
                                                               Where a minimum export levy is fixed, a contract
                         Article 4                             shall be awarded to any tenderer whose tender indi­
                                                               cates a rate of levy equal to or greater than such
 1.    Notwithstanding Article 21 (1 ) of Regulation           minimum export levy.
(EEC) No 3183/80 ('), export licences issued under
Article 8 (1 ) of Regulation (EEC) No 3130/73 or under                                 Article 6
Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall for
the purpose of determining their period of validity, be        Tenders    submitted   must     reach  the  Commission
deemed to have been issued on the day on which the             through the intermediary of Member States, at the
tender was submitted.                                          latest, one and a half hours after expiry of the period
                                                               for the weekly submission of tenders as specified in
2. Export licences issued in connection with the               the notice of invitation to tender. They must be
invitation to tender pursuant to this Regulation shall         communicated in the form indicated in the Annex.
be valid from their date of issue, as defined in para­
graph 1 , until the end of the second month following          If no tenders are received, Member States shall inform
that of issue.                                                 the Commission of this within the time limit indi­
                                                               cated in the preceding paragraph.
                         Article 5
                                                                                       Article 7
 1 . Notwithstanding Article 5 of Regulation (EEC)             The time limits fixed for the submission of tenders
No 3130/73 and Article 5 of Regulation (EEC) No
279/75, the Commission shall decide, under the                 shall correspond to Belgian time.
procedure laid down in Article 26 of Regulation (EEC)
No 2727/75 :                                                                           Article 8
— to fix a maximum export refund, taking account in            This Regulation shall enter into force on the day
     particular of the criteria laid down in Articles 2        following its publication in the Official Journal of the
     and 3 of Regulation (EEC) No 2746/75, or                  European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 13 April 1982.
                                                                         For the Commission
                                                                           Poul DALSAGER
                                                                     Member of the Commission
(') OJ No L 388, 13. 12. 1980, p. 1 .
 ---pagebreak--- 15. 4. 82                     Official Journal of the European Communities                    No L 99 / 19
                                                    ANNEX
            Weekly tender for the levy/refund for the export of common wheat to Poland
                             (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
          Number of tenderer         Quantity                     Amount of export refund
                                    in tonnes                  in national currency per tonne
                 1
                 2
                 3
                 4
                 5
                etc.