31975R0280

5 . 2 . 75 Official Journal of the European Communities No L 31 / 11

REGULATION ( EEC) No 280/ 75 OF THE COMMISSION of 4 February 1975 on an invitation to tender for the levy and/or the refund for the export of common wheat to third countries

THE COMMISSION OF THE EUROPEAN Whereas the objective of the tendering procedure can COMMUNITIES, be attained only if every successful tenderer fulfils all the commitments entered into by him when submit­ ting his tender ; whereas these commitments include Having regard to the Treaty establishing the European an obligation to lodge an application for an export Economic Community ; licence ; whereas compliance with this obligation may be ensured by requiring the tenderer to give security when submitting his tender ; Having regard to Council Regulation No 120/ 67/EEC (') of 13 June 1967 on the common organiza­ Whereas, in order to ensure equal treatment to all tion of the market in cereals, as last amended by Regu­ concerned, it is necessary to make provision such that lation (EEC) No 85/75 (2) ; the effective period of validity of licences issued to successful tenderers in connection with the invitation to tender is identical ; Having regard to Council Regulation ( EEC) No 1 968/73 (3) of 19 July 1973 laying down general rules Whereas provision must be made to ensure the to be applied in the event of the cereals market being smooth operation of the procedure for tendering for disturbed, as last amended by Regulation (EEC) No export levies and refunds ; whereas to this end it is 86/75 (4 ), and in particular Article 4(2) thereof ; appropriate to prescribe a minimum quantity to be tendered for and a time limit and form for the communication of tenders submitted to the compe­ Having regard to Council Regulation No 139/ tent authorities ; 67/ EEC (5) of 21 June 1967 laying down general rules for granting export refunds on cereals and criteria for Whereas the measures provided for in this Regulation fixing the amount of such refunds, as last amended by are in accordance with the Opin-on of the Manage­ Regulation (EEC) No 87/75 (6), and in particular ment Committee for Cereals, Article 4a thereof ;

Whereas, having regard to the current situation on the HAS ADOPTED THIS REGULATION : cereals market, there should be opened in respect of common wheat an invitation to tender for the export levy provided for in the first indent of Article 2(1 ) of Article 1 Regulation (EEC) No 1968 /73 and for the export refund provided for in Article 4a of Regulation No 139 /67/ EEC ; 1 . Tenders shall be invited for the export levy provided for in the first indent of Article 2(1 ) of Council Regulation (EEC) No 1968/73 and/or the Whereas the detailed rules governing invitations to export refund provided for in Article 4a of Regulation No 139/67/ EEC . tender are as regards the export levy contained in Commission Regulation (EEC) No 31 30/73 (7) of 16 November 1973 establishing the conditions for the 2 . The invitation to tender shall relate to common application of the system of tendering for export wheat . levies or cereals and as regards the export refund in Commission Regulation (EEC) No 279/75 (8) laying 3 . The invitation shall remain open until 24 April down detailed rules for the application of the system 1975 . During this period weekly awards shall be of tendering for export refunds on cereals ; made , the time limits for the submission of tenders to . be as prescribed in the notice of invitation to tender. (') OJ No 117, 19 . 6 . 1967, p. 2269/67. (2 ) OJ No L 11 , 16. 1 . 1975, p. 1 . (3 ) OJ No L 201 , 21 . 7. 1973, p. 10 . (4 ) OJ No L 11 , 16 . 1 . 1975, p. 2. Article 2 (5) OJ No 125, 26. 6. 1967, p . 2453/67. (6) OJ No L 11 , 16. 1 . 1975, p. 3. (7) OJ No L 319, 20 . 11 . 1973, p. 10 . A tender shall be valid only if it relates to an amount (8) See p. 8 of this Official Journal . of not less than 250 metric tons .

No L 31 / 12 Official Journal of the European Communities 5 . 2 . 75

A rt iclc 3 latest one and a half hours after expiry of the period for the weekly submission of tenders as specified in the notice of invitation to tender. They must be The security referred to in Article 3 of Regulation communicated in the form indicated in the Annex ( EEC) No 3130 /73 and of Regulation ( EEC) No hereto . 279/75 shall be 10 units of account per metric ton .

If no tenders are received, Member States shall inform the Commission of this within the time limit indi­ Article 4 cated in the preceding paragraph .

If a tenderer fails to comply with the undertaking given by him pursuant to Article 2 (3) (b) of the Regu­ lations referred to in the preceding Article, no export Article 8 licence shall be issued and the security lodged pursuant to Article 3 of those Regulations shall accord­ ingly be forfeit. During the period in which Summer Time applies in Italy, the times fixed for the submission of tenders shalF be regarded in that Member State as extended by one hour. During the period during which Summer Article 5 Time does not apply in the United Kingdom and in Ireland, the times fixed for the submission of tenders By way of derogation from the provisions of Article shall be regarded in those Member States as brought 8(1 ) of Regulation ( EEC) No 1373 /70 (') export forward by one hour. licences issued under Article 8 ( 1 ) of Regulation ( EEC) No 3130 /73 or under the like provision of Regulation ( EEC) No 279 /75 shall for the purpose of determining Article 9 their period of validity be deemed to have been issued on the day on which the tender was submitted . 1 . By way of derogation from Article 5 of Regula­ tions ( EEC) No 3130 / 73 and ( EEC) No 279 / 75 , the Article 6 Commission shall decide, under the procedure laid down in Article 26 of Regulation No 120/67/EEC : 1 . If the obligation to export is not fulfilled, the — to fix a maximum export refund , taking account in security mentioned in Article 3 of Regulations ( HEC) particular of the criteria laid down in Articles 2 No 3130 / 73 and ( EEC) No 279/ 75 shall be forfeit in and 3 of Regulation No 139/ 67/EEC, or respect of a quantity equal to the difference between 93 % of the net quantity indicated on the export — to fix a minimum export levy, taking account in licence and the net quantity actually exported . particular of the criteria laid down in Article 3 ( 1 ) (b) and (d ) of Regulation ( EEC) No 1968 /73 , or 2. However, if the quantity exported is less than — to make no award . 7 % of the net quantity indicated on the licence the security shall be forfeit in its entirety . 2 . Where a maximum export refund is fixed a 3 . On request by the titular holder of the licence contract shall be awarded to any tenderer whose holder, Member States may release the securit" by tender indicates a rate of refund equal to or less than instalments in proportion to the quantities of pre duct such maximum export refund and to any tenderer for which proof of exportation as referred to in Aiticle who has tendered for an export levy. 7 ( 1 ) of Regulations ( EEC) No 3130 /73 and ( EEC No 279/75 has been furnished , provided that such proof Where a minimum export levy is fixed a contract establishes that a quantity equal to at least 7 % of the shall be awarded to any tenderer whose tender indi­ let quantity indicated on the licence has been cates a rate of levy equal to or greater than such exported . minimum export levy.

A rticle 7 Article 10 riie tenders submitted must reach the Commission hrough the intermediary of Member States at the 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.

5 . 2 . 75 Official Journal of the European Communities No L 31 / 13

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

Done at Brussels, 4 February 1975 .

For the Commission P. J. LARDINOIS Member of the Commission

No L 31/ 14 Official Journal of the European Communities 5 . 2 . 75

ANNEX

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

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

I

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.

II

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

1 2

3

4

5

etc.