31975R0342

13 . 2 . 75 No L 39 / 15 Official Journal of the European Communities

REGULATION ( EEC) No 342/ 75 OF THE COMMISSION of 12 February 1975 on an invitation to tender for the levy and/or the refund for the export of common wheat to the countries of Zone VII (a)

THE COMMISSION OF THE EUROPEAN Commission Regulation (EEC) No 279/75 (9) of 4 COMMUNITIES , February 1975 laying down detailed rules for the appli­ cation of the system of tendering for export refunds on cereals ; Having regard to the Treaty establishing the European Economic Community ; Whereas the objective of the tendering procedure can be attained only if every successful tenderer fulfils all Having regard to Council Regulation No 120 / the commitments entered into by him when submit­ 67/ EEC (') of 13 June 1967 on the common organiza­ ting his tender ; whereas these commitments include tion of the market in cereals, as last amended by Regu­ an obligation to lodge an application for an export lation (EEC) No 85/ 75 (2 ) ; licence ; whereas compliance with this obligation may be ensured by requiring the tenderer to give security Having regard to Council Regulation ( EEC) No when submitting his tender ; 1 968 /73 (3) of 19 July 1973 laying down general rules to be applied in the event cereals market being Whereas, in order to ensure equal treatment to all disturbed, as last amended by Regulation ( EEC) No concerned, it is necessary to make provision such that 86/75 (4 ), and in particular Article 4 (2) thereof ; 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 No 139/ 67/ EEC (5 ) of 21 June 1967 laying down general rules Whereas provision must be made to ensure the for granting export refunds on cereals and criteria for smooth operation of the procedure for tendering for fixing the amount of such refunds, as last amended by export levies and refunds ; whereas to this end it is Regulation (EEC) No 87/75 (b), and in particular apporopriate to prescribe a minimum quantity to be Article 4a thereof ; tendered for and a time limit and form for the communication of tenders submitted to the compe­ Whereas, having regard to the current situation on the tent authorities ; cereals market, there should be opened in respect of common wheat an invitation to tender for the export Whereas the measures provided for in this Regulation levy provided for in the first indent of Article 2 ( 1 ) of are in accordance with the Opinion of the Manage­ Regulation ( EEC) No 1 968 /73 and for the export ment Committee for Cereals, refund provided for in Article 4a of Regulation No 139/67/ EEC ; whereas there is a requirement for wheat in certain markets and in order to ensure their supply the invitation to tender for export should be HAS ADOPTED THIS REGULATION : limited to the markets concerned , which are situated in Zone VII (a) as defined in the Annex to Commis­ sion Regulation ( EEC) No 94 1 / 72 ( 7) of 5 May 1972 Article 1 redefining the destination zones for export refunds on cereals and rice ; 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 tender are as regards the export levy contained in No 139 / 67/ EEC . Commission Regulation ( EEC) No 31 30/73 ( s) 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 for export to countries of Zone VII (a) as levies on cereals and as regards the export refund in defined in the Annex to Regulation ( EEC) No 941 /72. (') OJ No 117, 19 . 6 . 1967, p . 2269 / 67. (2) OJ No L 1 1 , 1 6. 1 . 1 97.5, p. 1 . 3 . The invitation shall remain open until 24 April (3) OJ No L 201 , 21 . 7 . 197.3 , p. 10 . 1975 . During this period weekly awards shall be (4) OJ No L 1 1 , 16 . 1 . 1975, p. 2. made , the time limits for the submission of tenders to (5) OJ No 125, 26 . 6. 1967, p. 2453/ 67 . be as prescribed in the notice of invitation to tender. (6) OJ No L 1 1 , 1 6 . 1 . 1 975, p. 3 . (7) OJ No L 107, 6 . S. 1972, p. 10 . (8) OJ No L 319 , 20 . 11 . 1973 , p . 10 . O OJ No L 31 , 5 . 2 . 1975 , p. 8 .

No L 39 / 16 Official Journal of the European Communities 13 . 2 . 7.5

Article 2 No 3130 / 73 and (EEC) No 279 / 75 shall be forfeit in respect of a quantity equal to the difference between A tender shall be valid only if it relates to an amount 93 % of the net quantity indicated on the export of not less than 5 000 metric tons . licence and the net quantity actually exported .

Article 3 2 . However, if the quantity exported is less than 7% of the net quantity indicated on the licence, the 1 . The security referred to in Article 3 of Regula­ security shall be forfeit in its entirety. tions (EEC) No 3130/73 and of Regulation (EEC) No 279/ 75 shall be 15 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 Article 7 ( 1 ) of Regu­ in proportion to the quantities of product for which lations (EEC) No 3130 /73 and ( EEC) No 279 /75, the proof of exportation as referred to in Article 7 ( 1 ) of security provided for in paragraph 1 shall subject to Regulations (EEC) No 3130/73 and (EEC) No 279/75 force majeure be released only in respect of any quan­ has been furnished, provided that such proof esta­ tity for which the tender was not accepted or for blishes that a quantity equal to at least 7% of the net which the tenderer furnishes proof of arrival at its quantity indicated on the licence has been exported . destination , such proof to be furnished as provided in the second , third and fourth subparagraphs of Article 8 ( 1 ) of Regulation No 1041 /67/ EEC (•). Article 8 Article 4 The tenders submitted must reach the Commission The zone of destination as specifed in Article 1 ( 2) through the intermediary of Member States at the shall be indicated in section 13 of the licence applica­ latest one and a half hours after expiry of the period tion and of the licence itself . The issue of a licence for the weekly submission of tenders as specified in shall carry with it the obligation to export to that desti­ the notice of invitation to tender . They must be nation . communicated in the form indicated in the Annex .

Article 5 If no tenders are received , Member States shall inform the Commission of this within the time limit indi­ If tenderer fails to comply with the undertaking given cated in the preceding paragraph . by him pursuant to Article 2 (3) (b) of Regulations ( EEC) No 3130 / 73 and ( EEC) No 279 / 75 , no export licence shall be issued and the security lodged Article 9 pursuant to Article 3 of those Regulations shall accord­ ingly be forfeit . During the period in which Summer Time applies Italy, the times fixed for the submission of tenders Article 6 shall be regarded in that Member State as extended by one hour. During the period during which Summer 1 . By way of derogation from the provisions of Time does not apply in the United Kingdom and in Article 8 ( 1 ) of Regulation ( EEC) No 1 373 /70 (2), Ireland , the times fixed for the submission of tenders export licences issued under Article 8 ( 1 ) of Regula­ shall be regarded in those Member States as brought tion ( EEC) No 3130 / 73 or under the like provision of forward by one hour. Regulation ( EEC) No 279/75 shall for the purpose of determining their period of validity be deemed to have been issued on the day on which the tender was Article 10 submitted .

2. Export licences issued in connection with the 1 . By way of derogation from Article 5 of Regula­ invitation to tender pursuant to this Regulation shall tions ( EEC) No 3130 /73 and ( EEC) No 279 /75, the be valid from their date of issue , as defined in the Commission shall decide, under the procedure laid previous paragraph until the end of the fourth month down in Article 26 of Regulation No 120/ 67/ EEC : following that of issue . — to fix a maximum export refund, taking account in particular of the criteria laid down in Articles 2 A rticle 7 and 3 of Regulation No 139 / 67/ EEC, or 1 . If the obligation to export is not filfilled , the — to fix a minimum export levy , taking account in security mentioned in Article 3 of Regulations ( EEC) particular of the criteria laid down in Article 3 ( 1 ) (b) and ( d) of Regulation (EEC) No 1968 /73 , or (') Of No 314 , 23 . 12 . 1967, p . 9 . — to make no award . (-) OJ No L 158 , 20 . 7 . 1970 , p . 1 .

13 . 2 . 75 Official Journal of the European Communities No L 39 / 17

2. Where a maximum export refund is fixed a cates a rate of levy e^ual to or greater than such contract shall be awarded to any tenderer whose minimum export levy. tender indicates a rate of refund equal to or less than such maximum export refund and to any tenderer Article 11 who has tendered for an export levy. This Regulation shall enter into force on the day Where a minimum export levy is fixed a contract following its publication in the Official Journal of shall be awarded to any tenderer - whose tender indi­ the European Communities.

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

Done at Brussels , 12 February 1975

For the Commission

P.J. LARDINOIS

Member of the Commission

No L 39 / 18 13 . 2 . 75 Official Journal of the European Communities

ANNEX

Weekly tender for the levy/refund for the export of common wheat to the countries of Zone VII (a )

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

l 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 .