31974R0603

No L 73 / 16 Official Journal of the European Communities 16 . 3 . 74

REGULATION ( EEC) No 603/ 74 OF THE COMMISSION of 15 March 1974 on an invitation to tender for the levy for export of common wheat to certain third countries

THE COMMISSION OF THE EUROPEAN Whereas, in order to ensure equal treatment to all inte­ COMMUNITIES, rested parties, it is necessary to provide that the effec­ tive period of validity of licences issued under the Having regard to the Treaty establishing the European tendering procedure to successful tenderers will be Economic Community ; identical ;

Having regard to Council Regulation No 120/ Whereas the fixing of an export levy by means of a 67/EEC (') of 13 June 1967 on the common organiza­ tendering procedure must permit better management tion of the market in cereals, as last amended by Regu­ of the market ; whereas this objective could be jeopar­ lation (EEC) No 1346/73 (2) ; dized by too short a period of validity for the export licence ; whereas use should therefore be made of the Having regard to Council Regulation (EEC) No possibility provided for in the second subparagraph of 1968 /73 (3) of 19 July 1973, laying down general rules Article 1 ( 1 ) of Regulation (EEC) No 3130/73 by to be applied in the event of the cereals market being fixing a special period of validity for licences, issued disturbed, as amended by Regulation (EEC) No under this invitation to tender ; 2632/73 (4), and in particular Article 4 thereof ; Whereas the smooth working of a procedure for Whereas the world market in common wheat is char­ tendering for export levies must be ensured ; whereas acterized by a continuing increase in prices ; whereas to this end it is appropriate to prescribe a minimum this increase is due in particular to a growing imbal­ quantity as well as the period during which tenders ance between the quantity on offer and the demand ; can be lodged and the form of the communication of whereas, as a result of this, the supply of certain tenders lodged with the competent authorities ; traditional export markets of the Community is threat­ ened ; whereas, with the aim of improving this situa­ Whereas the measures provided for in this Regulation tion , an invitation should be issued, for common are in accordance with the Opinion of the Manage­ wheat, to tender for the export levy provided for in ment Committee for Cereals, Article 2 ( 1 ), first indent, of Regulation (EEC) No 1968 /73 and this should be limited to the markets concerned which are situated in the Zone I provided for in the Annex to Commission Regulation (EEC) HAS ADOPTED THIS REGULATION : No 941 / 72 (5) of 5 May 1972, redefining the destina­ tion zones for export refunds on cereals and rice ;

Whereas the detailed rules relating to the tendering Article 1 procedure to fix the export levy are contained in Commission Regulation (EEC) No 3130/73 (6), of 16 1 . An invitation to tender shall be issued for the November 1973 , establishing the conditions for the export levy provided for in Article 2 ( 1 ), first indent, of application of the system of tendering for export Council Regulation (EEC) No 1968 /73 . levies for cereals ; 2 . The invitation shall relate to common wheat for Whereas the objective of the tendering procedure can export to countries of the Zone I provided for in the be attained only if a successful tenderer fulfils all the Annex to Regulation (EEC) No 941 / 72 . commitments entered into at the moment of lodging his tender ; whereas among these commitments is the 3 . The invitation is open until 31 May 1974. obligation to lodge an application for an export licence ; whereas the security for tender exacted when During this period weekly invitations shall be issued the tender is lodged can ensure that this obligation is for which the time limits for lodging of tenders shall be laid down in the notice of the tender . respected ;

(') OJ No 117, 19 . 6. 1967, p . 2269/67 . 4 . By way of derogation from Article 1 (2) of Regu­ (2) OJ No L 141 , 28 . 5 . 1973 , p . 8 . lation (EEC) No 3130/73, the period which is required (3) OJ No L 201 , 21 . 7 . 1973 , p . 10 . between publication of the notice of tender and the (4) OJ No L 272, 29 . 9 . 1973 , p . 18 . (5 ) OJ No L 107, 6 . 5 . 1972, p . 10 . first date fixed for the deposit of tenders shall be 10 (6) OJ No L 319 , 20 . 11 . 1973, p . 10 . days .

16 . 3 . 74 Official Journal of the European Communities No L 73 / 17

Article 2 Export licences issued under this invitation to tender shall be valid from their date of issue, within the A tender shall be valid only if it relates to an amount meaning of the previous paragraphs, until the end of of not less than 250 metric tons . the second month following that of issue .

Article3¶

1 . By way of derogation from the provisions of 1 . When the obligation to export to the destination Article 3 ( 1 ) second subparagraph of Regulation ( EEC) provided for has not been fulfilled, the security 3130/73 , the security to be lodged under this invita­ mentioned in Article 3 ( 1 ) shall be forfeit in respect of tion to tender must be equal to 50 % of the export a quantity equal to the difference between (a) 93 % of levy proposed by the tenderer concerned and may not the net quantity indicated on the export licence, and be less than 15 units of account per metric ton . (b) the net quantity actually exported.

2. By way of derogation from the provisions of 2. However, if this exported quantity is less than Article 7 ( 1 ) of Regulation (EEC) No 3130/73 and 7 % of the net quantity indicated on the licence, the except in cases of force majeure, the security provided security shall be forfeit in totality. for in paragraph 1 shall only be released in respect of the quantity for which the tenderer has provided 3 . On request by the titular holder, Member States proof that it has been put into free circulation in one may release parts of the security in proportion to the of the countries of the zone referred to in Article 1 (2), quantities of product for which the proof referred to or for which the tender has not been pursued . in the second subparagraph of Article 3 (2) has been delivered and in so far as that provides evidence that a The proof referred to in the previous subparagraph quantity equal to at least 7 % of the net quantity indi­ shall be provided by the production of the customs cated on the licence has been exported to the destina­ document or a copy or photocopy thereof certified as tion in question . true by the competent authorities .

The security shall be released immediately . Article 8

A rticle 4 The tenders lodged must reach the Commission through the intermediary of Member States at the latest one and a half hours after the end of the period The application for a licence and the licence shall for the weekly lodging of tenders as provided for in have indicated in Box 13 the destination zone referred the notice of the tender. They must be communicated to in Article 1 (2). in the form indicated in the Annex .

The licence shall oblige the holder to export to that When there are no tenders, Member States shall destination . inform the Commission of this within the time limit indicated in the preceding paragraph . Article 5

When the commitment mentioned in Article 2 (3) (b) Article 9 of Regulation (EEC) No 3130/73 is not respected the export licence shall not be issued and, in consequence , the security exacted under the provi­ During the period in which Summer Time applies in sions of Article 3 of that Regulation shall be forfeit. Italy, the times fixed for the lodging of offers shall be regarded in that Member State as extended by one hour. During the period during which Summer Time Article 6 does not apply in the United Kingdom and in Ireland, the times fixed for the lodging of offers shall be regarded in those Member States as brought By way of derogation from the provisions of Article 8 forward by one hour. ( 1 ) of Regulation (EEC) No 1 373 /70 (J ), the export licences issued under Article 8 ( 1 ) of Regulation (EEC) No 3130/ 73 shall be considered for the purpose of Article 10 determining their period of validity, as if they had been issued on the day on which the tender was lodged . This Regulation shall enter into force the day following its publication in the Official Journal of (M OJ No L 158 , 20 . 7 . 1970, p . 1 . the European Communities.

No L 73 / 18 Official Journal of the European Communities 16 . 3 . 74

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

Done at Brussels, 15 March 1974 .

For the Commission The President

Francois-Xavier ORTOLI

ANNEX

Weekly tender for the levy for export of common wheat to third countries

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

12 Numbering of the Quantity Amount of export levy in national currency tenders in metric tons per metric ton

1

2 3

4 5

etc .