31974R1841

17 . 7 . 74 Official Journal of the European Communities No L 193 / 13

REGULATION (EEC) No 1841 /74 OF THE COMMISSION of 16 July 1974 on an invitation to tender for the levy for export of common wheat to certain third countries

THE COMMISSION OF THE EUROPEAN tendering procedure to successful tenderers will be COMMUNITIES, identical ; Having regard to the Treaty establishing the European Whereas the fixing of an export levy by means of a Economic Community ; tendering procedure must permit better management Having regard to Council Regulation No 120 / of the market ; whereas this objective could be jeopar­ 67/EEC (') of 13 June 1967 on the common organiza­ dized by too short a period of validity for the export tion of the market in cereals, as last amended by Regu­ licence ; whereas use should therefore be made of the lation (EEC) No 1346/73 (2) ; possibility provided for in the second subparagraph of Article 1 ( 1 ) of Regulation ( EEC) No 3130/73 by Having regard to Council Regulation (EEC) No fixing a special period of validity for licences, issued 1968/73 (3) of 19 July 1973, laying down general rules under this invitation to tender ; to be applied in the event of the cereals market being disturbed, as last amended by Regulation (EEC) No Whereas the smooth working of a procedure for 676/74 (4), and in particular Article 4 thereof ; tendering for export levies must be ensured ; whereas Whereas the world market in common wheat is char­ to this end it is appropriate to prescribe a minimum acterized by a continuing increase in prices ; whereas quantity as well as the period during which tenders this increase is due in particular to a growing imbal­ can be lodged and the form of the communication of ance between the quantity on offer and the demand ; tenders lodged with the competent authorities ; whereas, as a result of this, the supply of certain markets is threatened ; whereas, with the aim of Whereas the measures provided for in this Regulation improving this situation , an invitation should be are in accordance with the Opinion of the Manage­ ment Committee for Cereals , 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 and this should be limited to the markets concerned which are situated in the HAS ADOPTED THIS REGULATION : Zone V a) provided for in the Annex to Commission Regulation (EEC) No 941 /72 (5) of 5 May 1972, redefining the destination zones for export refunds on cereals and rice ; 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 (6) 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 for levies for cereals ; export to countries of the Zone V a) provided for in Whereas the objective of the tendering procedure can the Annex to Regulation ( EEC) No 941 /72 . only be attained if a successful tenderer fulfills all the commitments entered into at the moment of lodging 3 . The invitation is open until 31 October 1974 . his tender ; whereas among these commitments is the During this period weekly invitations shall be issued obligation to lodge an application for an export for which the time limits for lodging of tenders shall be laid down in the notice of the tender . licence ; whereas the security for tender exacted when the tender is lodged can ensure that this obligation is respected ; Article 2 Whereas, in order to ensure equal treatment to all inte­ rested parties , it is necessary to provide that the effec­ A tender shall be valid only if it relates to an amount tive period of validity of licences issued under the of not less than 250 metric tons .

(') OJ No 117, 19 . 6 . 1967, p . 2269/67. (2) OJ No L 141 , 28 . 5 . 1973 , p. 8 . Article 3 (3 ) OJ No L 201 , 21 . 7 . 1973 , p. 10 . (4) OJ No L 83 , 28 . 3 . 1974, p. 3 . (5) OJ No L 107, 6 . .5 . 1972, p. 10 . 1 . By way of derogation from the provisions of (») OJ No L 319 , 20 . 11 . 1973 , p . 10 . Article 3 ( 1 ) second subparagraph of Regulation ( EEC)

No L 193 / 14 Official Journal of the European Communities 17 . 7 . 74

No 3130/73 , the security to be lodged under this invi­ Article 7 tation to tender must be equal to 50 % of the export levy prdposed by the tenderer concerned and may not 1 . When the obligation to export to the destination be less than 15 units of account per metric ton . provided for has not been fulfilled, the security mentioned in Article 3 ( 1 ) shall be forfeit in respect of 2. By way of derogation from the provisions of a quantity equal to the difference between 93 % of Article 7 ( 1 ) of Regulation (EEC) No 3130/73 and the net quantity indicated on the export licence, and except in cases of force majeure, the security provided the net quantity actually exported . for in paragraph 1 shall only be released in respect of the quantity for which the tenderer has provided proof that it has been put into free circulation in one 2. However, if this exported quantity is les? than of the countries of the zone referred to in Article 1 (2), 7 % of the net quantity indicated on the licence, the or for which the tender has not been pursued . security shall be forfeit in totality.

The proof referred to in the previous subparagraph 3 . On request by the titular holder, Member States shall be provided by the production of the customs may release parts of the security in proportion to the document or a copy or photocopy thereof certified as quantities of product for which the proof referred to true by the competent authorities . in the second subparagraph of Article 3 (2) has been delivered and in so far as that proof provides evidence The security shall be released immediately. that a quantity equal to at least 7 % of the net quan­ tity indicated on the licence has been exported to the destination in question .

A rticle 4

The application for a licence and the licence shall Article 8 have indicated in Box 13 the destination zone referred to in Article 1 (2). The tenders lodged must reach the Commission through the intermediary of Member States at the The licence shall oblige the holder to export to that latest one and a half hours after the end of the period destination . for the weekly lodging of tenders as provided for in the notice of the tender. They must be communicated in the form indicated in the Annex . Article 5 When there are no tenders , Member States shall inform the Commission of this within the time limit When the commitment mentioned in Article 2 (3 ) (b) of Regulation ( EEC) No 3130/73 is not respected the indicated in the preceding paragraph . export licence shall not be issued and , in consequence, the security exacted under the provi­ sions of Article 3 of that Regulation shall be forfeit. Article 9

Article 6 During the period in which Summer Time applies in Italy, the times fixed for the lodging of offers shall be regarded in that Member State as extended by one 1 . By way of derogation from the provisions of hour. During the period during which Summer Time Article 8 ( 1 ) of Regulation (EEC) No 1373 /70 (') the does not apply in the United Kingdom and in export licences issued under Article 8 ( 1 ) of Regula­ Ireland, the times fixed for the lodging of offers shall tion ( EEC) No 3130 / 73 shall be considered for the be regarded in those Member States as brought purpose of determining their period of validity, as if forward by one hour. they had been issued on the day on which the tender was lodged .

2. Export licences issued under this invitation to Article 10 tender shall be valid from their date of issue , within the meaning of the previous paragraph , until the end of the eighth month following that of issue . This Regulation shall enter into force the day following its publication in the Official Journal of (') OJ No L 1.58 , 20 . 7 . 1970, p. 1 . the European Communities.

17. 7 . 74 Official Journal of the European Communities No L 193/ 15

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 François-Xavier ORTOLI

ANNEX

Weekly tender for the levy for export of common wheat to Zone V a)

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

■ 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.