31974R1840

No L 193/ 10 Official Journal of the European Communities 17 . 7 . 74

REGULATION ( EEC) No 1840 /74 OF THE COMMISSION of 16 July 1974 on an invitation to tender for the levy for export of common wheat to third countries

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the Opinion of the Manage­ ment Committee for Cereals , Having regard to the Treaty establishing the European Economic Community ; HAS ADOPTED THIS REGULATION : Having regard to Council Regulation No 120/ 67/EEC ( 1) of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ Article / lation (EEC) No 1346/73 (2); 1 . An invitation to tender shall be issued for the Having regard to Council Regulation (EEC) No export levy provided for in Article 2 ( 1 ), first indent, of 1968/73 (3) of 19 July 1973, laying down general rules Council Regulation (EEC) No 1968 /73 . to be applied in the event of the cereals market being disturbed, as last amended by Regulation (EEC) No 2 . The invitation shall relate to common wheat . 676/74 (4), and in particular Article 4 (2) thereof ; 3 . The invitation is open until 20 December 1974. Whereas, having taken into account the current situa­ During this period weekly invitations shall be issued tion on the cereals market, an invitation should be for which the time limits for lodging of offers shall be issued, for common wheat, to tender for the export laid down in the notice of the tender . levy provided for in Article 2 ( 1 ), first indent, of Regu­ lation (EEC) No 1968 /73 ; Article 2 Whereas the detailed rules relating to the tendering A tender shall be valid only if it relates to an amount procedure to fix the export levy are contained in of not less than 250 metric tons . Commission Regulation (EEC) No 3130/73 (5) of 16 November 1973, establishing the conditions for the application of the system of tendering for export Article 3 levies for cereals ; When the commitment mentioned in Article 2 (3) (b) Whereas the objective of the tendering procedure can of Regulation (EEC) No 3130 / 73 is not respected the only be attained if a successful tenderer fulfils all the export licence shall not be issued and, in commitments entered into at the moment of lodging consequence, the security exacted under the provi­ his tender ; whereas among these commitments is the sions of Article 3 of that Regulation shall be forfeit. obligation to lodge an application for an export licence.; whereas the security for tender exacted when Article 4 the tender is lodged can ensure that this obligation is respected ; whereas in default this security shall not be By way of derogation from the provisions of Article 8 released if such an application has not been made ; ( 1 ) of Regulation (EEC) No 1373 / 70 (6), the export licences issued under Article 8 ( 1 ) of Regulation (EEC) Whereas, in order to ensure equal treatment to all No 3130/ 73 shall be considered for the purpose of interested parties, it is necessary to provide that the determining their period of validity, as if they had effective period of licences issued under the tendering been issued on the day on which the tender was procedure to successful tenderers will be identical ; lodged. Whereas the smooth working of a procedure for tendering for export levies must be ensured ; whereas Article 5 to this end it is appropriate to prescribe a minimum quantity as well as the period during which tenders 1 . When the obligation to export has not been can be lodged and the form of the communication of fulfilled, the security mentioned in Article 3 ( 1 ) of tenders lodged with the competent authorities ; Regulation (EEC) No 3130 / 73 shall be forfeit in respect of a quantity equal to the difference between (') OJ No 117, 19 . 6. 1967, p. 2269/67. 93 % of the net quantity indicated on the export (2) OJ No L 141 , 28 . 5 . 1973 , p. 8 . licence, and the net quantity actually exported . (J) OJ No L 201 , 21 . 7. 1973, p. 10. (4) OJ No L 83, 28 . 3 . 1974, p. 3 . (5) OJ No L 319, 20. 11 . 1973 , p. 10 . (6) OJ No L 158 , 20 . 7 . 1970 , p. 1 .

17. 7 . 74 Official Journal of the European Communities No L 193 / 11

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

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

Done at Brussels, 16 July 1974. For the Commission

The President Francois-Xavier ORTOLI

No L 193/12 Official Journal of the European Communities 17. 7. 74

ANNEX

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

Expiry of the period for lodging 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.