31974R3220

21 . 12 . 74 Official Journal of the European Communities No L 342/ 17

REGULATION (EEC) No 3220/74 OF THE COMMISSION of 20 December 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 successful tenderers in connection with the invitation COMMUNITIES, to tender is identical ;

Having regard to the Treaty establishing the European Whereas the purpose of fixing an export levy by Economic Community ; means of a tendering procedure is to permit better management of the market ; whereas this objective Having regard to Council Regulation No 120/ could be jeopardized if the period of validity for 67/EEC ( ! ) of 13 June 1967 on the common organiza­ export licences were too short ; whereas use should tion of the market in cereals, as last amended by Regu­ therefore be made of the powers provided under the lation (EEC) No 1996/74 (2); second subparagraph of Article 1 ( 1 ) of Regulation (EEC) No 3130/73 to fix a special period of validity Having regard to Council Regulation (EEC) No for licences issued in connection with the invitation 1968/73 (3) of 19 July 1973 laying down general rules to tender ; to be applied in the event of the cereals market being disturbed, as last amended by Regulation (EEC) No Whereas provision must be made to ensure the 676/74 (4), and in particular Article 4- thereof ; smooth operation of the procedure for tendering for Whereas the world market in common wheat is char­ export levies ; whereas to this end it is appropriate to prescribe a minimum quantity to be tendered for and acterized by a continuing rise in prices ; whereas this a time limit and form for the communication of rise is due in particular to a growing imbalance tenders lodged with the competent authorities and to between supply and demand ; whereas the supply of provide that rights in respect of licences issued in certain markets is especially threatened in connection with the invitation to tender should not be consequence ; whereas with a view to improving this transferable ; situation there should be issued in respect of common wheat an invitation to tender for the export levy Whereas the measures provided for in this Regulation provided for in the first indent of Article 2 ( 1 ) of Regu­ are in accordance with the Opinion of the Manage­ lation (EEC) No 1968/73, such invitation to be ment Committee for Cereals, limited so as to apply only in respect of the Republic of India ;

Whereas the detailed rules relating to the organization of invitations to tender for the purpose of fixing the HAS ADOPTED THIS REGULATION : export levy are contained in Commission Regulation (EEC) No 3130/73 (5) Gf 16 November 1973 esta­ blishing the conditions for the application of the Article 1 system of tendering for export levies for cereals ; 1 . Tenders shall be invited for the export levy Whereas the objective of the invitation to tender can provided for in the first indent of Article 2(1 ) of be attained only if a successful tenderer fulfils all the Council Regulation (EEC) No 1968/73 . commitments entered into by him when submitting his tender ; whereas these commitments include an 2 . The invitation to tender shall relate to common obligation to lodge an application for an export wheat for export to the Republic of India. licence and to export to the prescribed destination ; whereas compliance with these obligations may be 3 . The invitation shall remain open until 13 ensured by requiring tenderers to give security when submitting their tenders ; February 1975. During this period weekly awards shall be made, the time limits for the submission of tenders Whereas, in order to ensure equal treatment to all being as prescribed in the notice of invitation to tender . concerned , it is necessary to make provision such that the effective period of validity of licences issued to

(') OJ No 117, 19 . 6. 1967, p. 2269 /67. Article 2 (2) OJ No L 209, 31 . 7. 1974, p. 1 . (J) OJ No L 201 , 21 . 7 . 1973, p. 10 . (4) OJ No L 83 , 28 . 3 . 1974, p. 3 . A tender shall be valid only if it relates to an amount (5) OJ No L 319 , 20 . 11 . 1973 , p . 10 . of not less than 10 000 metric tons .

No L 342/ 18 Official Journal of the European Communities 21 . 12 . 74

Article 3 mentioned in Article 3 ( 1 ) shall be forfeit in respect of a quantity equal to the difference between 93 % of 1 . By way of derogation from the second subpara­ the net quantity indicated on the export licence and graph of Article 3 ( 1 ) of Regulation (EEC) No the net quantity actually exported . 3130/73 , the security to be provided in connection with the invitation to tender pursuant to this Regula­ 2. However, if the quantity exported is less than tion shall be equal to 50 % of the export levy 7 % of the net quantity indicated on the licence, the proposed by the tenderer concerned and may in any security shall be forfeit in its entirety. event not be less than 25 units of account per metric ton . 3 . On request by the titular holder of the licence, Member States may release the security by instalments 2. By way of derogation from the provisions of in proportion to the quantities of product for which Article 7 ( 1 ) of Regulation (EEC) No 3130/73, the secu­ proof as referred to in Article 3 (2) has been furnished, rity provided for in paragraph 1 shall, subject to force provided that such proof establishes that a quantity majeure, be released only in respect of any quantity equal to at least 7 % of the net quantity indicated on for which the tender was not accepted or for which the licence has been exported to the destination in the tenderer furnishes proof of arrival at its destina­ question . \ tion, such proof to be furnished as provided in the second, third and fourth subparagraph of Article 8(1 ) of Regulation No 1041 /67/ EEC . Article 8 The security shall be released immediately. In accordance with Article 8 (2) of Regulation (EEC) Article 4 No 3130/73, rights in respect of export licences issued in connection with the invitation to tender pursuant to this Regulation shall not be transferable . The application for a licence and the licence itself shall bear in box 13 the following words : 'Republic of India'. Every licence shall carry with it an obligation to export to that destination . Article 9

The tenders submitted must reach the Commission Article 5 through the intermediary of Member States at the latest one and a half hours after expiry of the period If a tenderer fails to comply with the undertaking for the weekly submission of tenders as specified in given by him pursuant to Article 2(3)(b) of Regula­ the notice of the invitation to tender. They must be tion (EEC) No 3130/73, no export licence shall be communicated in the form indicated in the Annex issued and the security provided pursuant to Article 3 hereto . of that Regulation shall accordingly be forfeit.

If no tenders are received, Member States shall inform Article 6 the Commission of this within the time limit indi­ cated in the preceding paragraph . 1 . By way of derogation from the provisions of Article 8(1 ) of Regulation (EEC) No 1373/70 0 ), export licences issued under Article 8(1 ) of Regula­ Article 10 tion (EEC) No 3130/73 shall for the purpose of deter­ mining their period of validity be deemed to have been issued on the day on which the tender was During the period in which Summer Time applies in submitted . Italy, the times fixed for the submission of tenders shall be regarded in that Member State as extended by 2. Export licences issued in connection with the one hour. During the period which Summer Time invitation to tender pursuant to this Regulation shall does not apply in the United Kingdom and in be valid from their date of issue, as defined in the Ireland, the times fixed for the submission of tenders previous paragraph, until the end of the fifth month shall be regarded in those Member States as brought following that of issue. forward by one hour.

Article 7 Article 11 1 . Where the obligation to export to the prescribed destination has not been fulfilled, the security This Regulation shall enter into force on the day following its publication in the Official Journal of (») OJ No L 158 , 20 . 7. 1970 , p. 1 . the European Communities.

21 . 12. 74 Official Journal of the European Communities No L 342/ 19

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

Done at Brussels, 20 December 1974.

For the Commission

The President

Francois-Xavier ORTOLI

No L 342/20 Official Journal of the European Communities 21 . 12. 74

ANNEX

Weekly tender for the levy for the export of common wheat to India

Closing date for submission of tenders (date/time )

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.