31974R2742

No L 292/34 Official Journal of the European Communities 31 . 10 . 74

REGULATION ( EEC) No 2742/74 OF THE COMMISSION of 30 October 1974 on an invitation to tender for the levy for the export of common wheat to the Republic of India

THE COMMISSION OF THE EUROPEAN could be jeopardized if the period of validity for COMMUNITIES, export licences were too short ; whereas use should Having regard to the Treaty establishing the European therefore be made of the powers provided under the Economic Community ; second subparagraph of Article 1 ( 1 ) of Regulation (EEC) No 3130/73 to fix a special period of validity Having regard to Council Regulation No 120/ for licences issued in connection with the invitation 67/EEC (') of 13 June 1967 on the common organiza­ to tender ; tion of the market in cereals, as last amended by Regu­ lation (EEC) No 1 996/74 (2) ; Whereas provision must be made to ensure the Having regard to Council Regulation (EEC) No smooth operation of the procedure for tendering for 1 968/73 (3) of 19 July 1973 laying down general rules export levies ; whereas to this end it is appropriate to to be applied in the event of the cereals market being prescribe a minimum quantity to be tendered for and disturbed , as last amended by Regulation ( EEC) No a time limit and form for the communication of 676/74 (4), and in particular Article 4 thereof ; tenders lodged with the competent authorities and to Whereas the world market in common wheat is char­ provide that rights in respect of licences issued in acterized by a continuing rise in prices ; whereas this connection with the invitation to tender should not be rise is due in particular to a growing imbalance transferable ; between supply and demand ; whereas the supply of certain markets is especially threatened in Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ consequence ; whereas with a view to improving this ment Committee for Cereals , situation there should be issued in respect of common wheat an invitation to tender for the export levy provided for in the first indent of Article 2(1 ) of Regu­ HAS ADOPTED THIS REGULATION : lation (EEC) No 1968/73 , such invitation to be limited so as to apply only in respect of the Republic of India . Article 1 Whereas the detailed rules relating to the organization of invitations to tender for the purpose of fixing the 1 . Tenders shall be invited for the export levy export levy are contained in Commission Regulation provided for in the first indent of Article 2(1 ) of (EEC) No 3130/73 (5) of 16 November 1973 esta­ Council Regulation (EEC) No 1968 /73 . blishing the conditions for the application of the 2 . The invitation to tender shall relate to common system of tendering for export levies for cereals ; wheat for export to the Republic of India . Whereas the objective of the invitation to tender can be attained only if a successful tenderer fulfils all the 3 . The invitation shall remain open until 19 commitments entered into by him when submitting December 1974 . During this period weekly awards his tender ; whereas these commitments include an shall be made , the time limits for the submission of obligation to lodge an application for an export tenders being as prescribed in the notice of the invita­ licence and to export to the prescribed destination ; tion to tender . whereas compliance with these obligations may be ensured by requiring tenderers to give security when Article 2 submitting their tenders ; Whereas , in order to ensure equal treatment to all A tender shall be valid only if it relates to an amount concerned , it is necessary to make provision such that of not less than 10 000 metric tons . the effective period of validity of licences issued to successful tenderers in connection with the invitation Article 3 to tender is identical : Whereas the purpose of fixing an export levy by 1 . By way of derogation from the second subpara­ means of a tendering procedure is to permit better graph of Article 3(1 ) of Regulation ( EEC) No management of the market ; whereas this objective 3130 / 73 , the security to be provided in connection with the invitation to tender pursuant to this Regula­ (M OJ No 117, 19 . 6 . 1967, p . 2269/67 . tion shall be equal to 50 % of the export levy (2 ) OJ No L 209 , 31 . 7 . 1974, p. 8 . proposed by the tenderer concerned and may in any (3) OJ No L 201 , 21 . 7 . 1973 , p. 10 . h) OJ No L 83, 28 . 3 . 1974, p. 3 . event event not be less than 25 units of account per (5 ) OJ No L 319 , 20 . 11 . 1973 , p . 10 . metric ton .

31 . 10 . 74 Official Journal of the European Communities No L 292/35

2. By way of derogation from the provisions of 2. However, if the quantity exported is less than Article 7 ( 1 ) of Regulation (EEC) No 3130 /73 , the secu­ 7% of the net quantity indicated on the licence, the rity provided for in paragraph 1 shall, subject to force security shall be forfeit in its entirety. majeure, be discharged only in respect of any quantity 3 . On request by the titular holder of the licence, for which the tender was not accepted or for which the tenderer furnishes proof of arrival at its destina­ Member States may discharge the security by instal­ ments in proportion to the quantities of product for tion, such proof to be furnished as provided in the which proof as referred to in Article 3 (2) has been second, third and fourth subparagraphs of Article 8 ( 1 ) furnished , provided that such proof establishes that a of Regulation No 1041 /67/EEC. quantity equal to at least 7% of the net quantity indi­ The security shall be discharged immediately. cated on the licence has been exported to the destina­ tion in question . Article 4 Article 8 The application for a licence and the licence itself shall bear in box 13 the following words : 'Republic of In accordance with Article 8 (2) of Regulation (EEC) India'. Every licence shall carry with it an obligation No 3130/73, rights in respect of export licences issued •to export to that destination . in connection with the invitation to tender pursuant to this Regulation shall not be transferable . Article 5

If a tenderer fails to comply with the undertaking Article 9 given by him pursuant to Article 2 (3) (b) of Regula­ tion (EEC) No 3130/73, no export licence shall be The tenders lodged must reach the Commission issued and the security provided pursuant to Article 3 through the intermediary of Member States at the of that Regulation shall accordingly be forfeit. latest one and a half hours after expiry of the period for the weekly lodging of tenders as specified in the Article 6 notice of the invitation to tender. They must be communicated in the form indicated in the Annex . 1 . By way of derogation from the provisions of Article 8 ( 1 ) of Regulation (EEC) No 1373/70 (*), When no tenders are received , Member States shall export licences issued under Article 8 ( 1 ) of Regula­ inform the Commission of this within the time limit tion (EEC) No 3130/73 shall for the purpose of dete­ indicated in the preceding paragraph . mining their period of validity be deemed to have been issued on the day on which the tender was Article 10 lodged . During the period in which Summer Time applies in 2. Export licences issued in connection with the Italy, the times fixed for the submission of tenders invitation to tender pursuant to the Regulation shall shall be regarded in that Member State as extended by be valid from their date of issue, as defined in the one hour. During the period during which Summer previous paragraph, until the end of the sixth month Time does not apply in the United Kingdom and in following that of issue. Ireland , the times fixed for the submission of tenders shall be regarded in those Member States as brought Article 7 forward by one hour. 1 . Where the obligation to export to the prescribed destination has not been fulfilled , the security Article 11 mentioned in Article 3 ( 1 ) shall be forfeit in respect of a quantity equal to the difference between 93% of the This Regulation shall enter into force on the day net quantity indicated on the export licence and the following its publication in the Official Journal of net quantity actually exported. the European Communities.

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

Done at Brussels, 30 October 1974 . For the Commission The President Francois-Xavier ORTOLI

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

No L 292/36 Official Journal of the European Communities 31 . 10. 74

ANNEX

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

1 2

3 4

5

etc.