31974R0604

16 . 3 . 74 Official Journal of the European Communities No L 73 / 19

REGULATION (EEC) No 604/74 OF THE COMMISSION of 15 March 1974 on an invitation to tender for the levy for export of common wheat to third countries

THE COMMISSION OF THE EUROPEAN possibility provided for in the second subparagraph of COMMUNITIES , Article 1 ( 1 ) of Regulation (EEC) No 3130/73 by fixing a special period of validity for licences issued Having regard to the Treaty establishing the European under this invitation to tender . Economic Community ; Whereas the smooth working of a procedure for Having regard to Council Regulation No 120/ tendering for export levies must be ensured ; whereas 67/EEC ( L) of 13 June 1967 on the common organiza­ to this end it is appropriate to prescribe a minimum tion of the market in cereals, as last amended by Regu­ quantity as well as the period during which tenders lation (EEC) No 1346/73 (2); can be lodged and the form of the communication of tenders lodged with the competent authorities ; Having regard to Council Regulation (EEC) No 1968 /73 (3) of 19 July 1973, laying down general rules Whereas the measures provided for in this Regulation to be applied in the event of the cereals market being are in accordance with the Opinion of the Manage­ disturbed, as amended by Regulation (EEC) No ment Committee for Cereals, 2632/73 (4), and in particular Article 4 (2) thereof ;

Whereas, having taken into account the current situa­ tion on the cereals market, an invitation should be HAS ADOPTED THIS REGULATION : issued, for common wheat, to tender for the export levy provided for in Article 2 ( 1 ), first indent, of Regu­ lation (EEC) No 1968 /73 ; Article 1

Whereas the detailed rules relating to the tendering 1 . An invitation to tender shall be issued for the procedure to fix the export levy are contained in export levy provided for in Article 2 ( 1 ), first indent, of Commission Regulation ( EEC) No 3130/73 (5) of 16 Council Regulation ( EEC) No 1968 /73 . November 1973 , establishing the conditions for the application of the system of tendering for export 2 . The invitation shall relate to common wheat. levies for cereals ;

Whereas the objective of the tendering procedure can 3 . The invitation is open until 31 May 1974. only be attained if a successful tenderer fulfils all the During this period weekly invitations shall be issued commitments entered into at the moment of lodging for which the time limits for lodging of offers shall be laid down in the notice of the tender. his tender, whereas among these commitments is the obligation to lodge an application for an export licence ; whereas the security for tender exacted when 4. By way of derogation from Article 1 (2) of Regu­ the tender is lodged can ensure that this obligation is lation (EEC) No 3130/73 the period which is required respected ; whereas in default this security shall not be between publication of the notice of tender and the released if such an application has not been made ; first date fixed for the deposit of tenders shall be 10 days . Whereas, in order to ensure equal treatment to all inte­ rested parties , it is necessary to provide that the effec­ Article 2 tive period of licences issued under the tendering procedure to successful tenderers will be identical ; A tender shall be valid only if it relates to an amount Whereas the fixing of an export levy by means of a of not less than 250 metric tons . tendering procedure must permit better management of the market ; whereas this objective could be jeopar­ dized by too short a period of validity for the export Article 3 licence ; whereas use should therefore be made of the When the commitment mentioned in Article 2 (3) (b) P ) OJ No 117, 19 . 6 . 1967, p . 2269/ 67 . of Regulation (EEC) No 3130/73 is not respected the (2) OJ No L 141 , 28 . 5 . 1973, p . 8 . export licence shall not be issued and, in (3 ) OJ No L 201 , 21 . 7 . 1973 , p. 10 . (4 OJ No L 272, 29 . 9 . 1973 , p. 18 . consequence , the security exacted under the provi­ (5 ) OJ No L 319 , 20 . 11 . 1973 , p . 10 . sions of Article 3 of that Regulation shall be forfeit.

No L 73 / 20 Official Journal of the European Communities 16 . 3 . 74

Article 4 provides evidence that a quantity equal to at least 7 % of the net quantity indicated on the licence has been 1 . By way of derogation from the provisions of exported. Article 8 ( 1 ) of Regulation (EEC) No 1373/70 (!), the export licences issued under Article 8 ( 1 ) of Regula­ Article 6 tion (EEC) No 3130/73 shall be considered for the purpose of determining their period of validity, as if The tenders lodged must reach the Commission they had been issued on the day on which the tender through the intermediary of Member States at the was lodged. latest one and a half hours after the end of the period for the weekly lodging of tenders as provided for in 2. Export licences issued under this invitatidn to the notice of the tender. They must be communicated tender shall be valid from their date of issue, within in the form indicated in the Annex . the meaning of the previous paragraph, until the end of the second month following that of issue. When there are no tenders, Member States shall inform the Commission of this within the time limit Article 5 indicated in the preceding paragraph .

1 . When the obligation to export has not been Article 7 fulfilled, the security mentioned in Article 3 ( 1 ) of 'During the period in which Summer Time applies in Regulation (EEC) No 3130/73 shall be forfeit in Italy, the times fixed for the lodging of offers shall be respect of a quantity equal to the difference between regarded in that Member State as extended by one 93 % of the net quantity indicated on the export hour. During the period during which Summer Time licence, and the net quantity actually exported. does not apply in the United Kingdom and in 2. However, if this exported quantity is less than Ireland, the times fixed for the lodging of offers shall 7 % of the net quantity indicated on the licence, the be regarded in those Member States as brought security shall be forfeit in totality. forward by one hour. 3 . On request by the titular holder, Member States Article 8 may release parts of the security in proportion to the quantities of product for which the proof of export, in This Regulation shall enter into force the day accordance with Article 7 ( 1 ) of Regulation (EEC) No following its publication in the Official Journal of 3130/73, has been delivered and in so far as that proof the European Communities.

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

(!) OJ No L 158 , 20 . 7. 1970, p . 1 .

16 . 3 . 74 Official Journal of the European Communities No L 73 / 21

ANNEX

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

Expiry of the period for lodiginig tenders ('date/time )

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

1

2 3 4

5

etc.