31973R3281

6 . 12 . 73 Official Journal of the European Communities No L 337/ 17

REGULATION ( EEC) No 3281 /73 OF THE COMMISSION of 5 December 1973 on an invitation to tender for the export levy for common wheat

THE COMMISSION OF THE EUROPEAN to this end it is appropriate to prescribe a minimum COMMUNITIES, quantity as well as the period during which tenders can be lodged and the form of the communication of Having regard to the Treaty establishing the European tenders lodged with the competent authorities ; Economic Community ; Whereas the measures provided for in this Regulation Having regard to Council Regulation No 120/ are in accordance with the Opinion of the Manage­ ment Committee for Cereals, 67/ EEC ( J ) of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ lation ( EEC) No 1 346/73 (2) ;

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 1968 /73 (3) of 19 July 1973, laying down general rules to be applied in the event of the cereals market being Article 1 disturbed, as amended by Regulation (EEC) No 2632/73 (4), and in particular Article 4 (2) thereof ; 1 . An invitation to tender shall be issued for the Whereas, having taken into account the current situa­ export levy provided for in Article 2 ( 1 ), first indent, of tion on the cereals market, an invitation should be Council Regulation (EEC) No 1968/73 . issued, for common wheat, to tender for the export levy provided for in Article 2 ( 1 ), first indent, of Regu­ 2 . The invitation shall relate to common wheat . lation (EEC) No 1968 /73 ; 3 . The invitation is open until 1 March 1974 . Whereas the detailed rules relating to the tendering During this period weekly invitations shall be issued procedure to fix the export levy are contained in for which the time limits for lodging of offers shall be laid down in the notice of the tender. Commission Regulation (EEC) No 3130/73 (5), of 16 November 1973, establishing the conditions for the application of the system of tendering for export levies for cereals ; Article 2

Whereas the objective of the tendering procedure can A tender shall be valid only if it relates to an amount only be attained if the successful tenderers fulfil all of not less than 250 metric tons . the commitments entered into at the moment of lodging his tender ; whereas among these commit­ ments is the obligation to lodge an application for an Article 3 export licence ; whereas the security for tender exacted when the tender is lodged can ensure that this When the commitment mentioned in Article 2 (3) (b) obligation is respected ; whereas in default this secu­ of Regulation (EEC) No 3130/73 is not respected the rity shall not be released if such an application has export licence shall not be issued and, in not been made ; consequence, the security exacted under the provi­ sions of Article 3 of that Regulation shall be forfeit. Whereas, in order to ensure equal treatment to all interested parties, it is necessary to provide that the effective period of validity of licences issued under the Article 4 tendering procedure to successful tenderers will be identical ; By way of derogation from the provisions of Article 8 ( 1 ) of Regulation (EEC) No 1373/70 (6), the export Whereas the smooth working of a procedure for licences issued under Article 8 ( 1 ) of Regulation (EEC) tendering for export levies must be ensured ; whereas No 3130/73 shall be considered for the purpose of determining their period of validity, as if they had (') OJ No 117, 19 . 6. 1967, p . 2269/67. been issued on the day on which the tender was (2 ) OJ No L 141 , 28 . 5. 1973, p. 8 . lodged. (3) OJ No L 201 , 21 . 7. 1973 , p . 10 . (4) OJ No L 272, 29 . 9 . 1973 , p . 18 . (5) OJ No L 319, 20 . 11 . 1973, p. 10 . (6) OJ No L 158 , 20 . 7. 1970, p . 1 .

No L 337/ 18 Official Journal of the European Communities 6 . 12 . 73

Article 5 latest one and a half hours after the end of the period for the weekly lodging of tenders as provided for in 1 . When the obligation to export has not been the notice of the tender. They must be communicated fulfilled, the security mentioned in Article 3 ( 1 ) of in the form indicated in the Annex . Regulation (EEC) No 3130/73 shall be forfeit in respect of a quantity equal to the difference between When there are no tenders, Member States shall 93 % of the net quantity indicated on the export inform the Commission of this within the time limit licence, and the net quantity actually exported. indicated in the preceding paragraph .

2. However, if this exported quantity is less than Article 7 7 % of the net quantity indicated on the licence, the security shall be forfeit in totality. During the period in which Summer Time applies in 3 . On request by the titular holder, Member States Italy, the times fixed for the lodging of offers shall be may release parts of the security in proportion to the regarded in that Member State as extended by one quantities of product for which the proof of export, in hour. During the period during which Summer Time accordance with Article 7 ( 1 ) of Regulation (EEC) No does not apply in the United Kingdom and in 3130/73 , has been delivered and in so far as that proof Ireland, the times fixed for the lodging of offers shall provides evidence that a quantity equal to at least 7 % be regarded in those Member States as brought of the net quantity indicated on the licence has been forward by one hour. exported . Article 8 Article 6 This Regulation shall enter into force the day The tenders lodged must reach the Commission following its publication in the Official Journal of through the intermediary of Member States at the the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 5 December 1973 . For the Commission

The President Francois-Xavier ORTOLI

6 . 12 . 73 Official Journal of the European Communities No L 337/ 19

ANNEX

Weekly tender for the export levy for common wheat

Notice of tender No

Expiry of the period for lodging tenders ( date/time)

1 2 3 Numbering of the Quantity in Amount of export levy in national currency tenders metric tons per metric ton

1

2

3

4

5

etc.