31975R1916

26 . 7 . 75 Official Journal of the European Communities No L 195/ 15

REGULATION (EEC) No 1916/75 OF THE COMMISSION of 25 July 1975 on an invitation to tender for the levy and/or the refund for the export of barley to the countries of Zones I , II and III

THE COMMISSION OF THE EUROPEAN No 771 /75 (9), and as regards the export rfefund in COMMUNITIES, Commission Regulation (EEC) No 279/75 ( 10) of 4 February 1975 laying down detailed rules for the appli­ cation of the system of tendering for export refunds Having regard to the Treaty establishing the European on cereals ; Economic Community ;

Whereas the objective of the tendering procedure can Having regard to Council Regulation No 120/ be attained only if every successful tenderer fulfils all 67/ EEC (') of 13 June 1967 on the common organiza­ the commitments entered into by him when submit­ tion of the market in cereals, as last amended by Regu­ ting his tender ; whereas these commitments include lation (EEC) No 665/ 75 (2) ; an obligation to lodge an application for an export licence ; whereas compliance with this obligation may Having regard to Council Regulation (EEC) No be ensured by requiring the tenderer to give security 1 968 /73 (3) of 19 July 1973 laying down general rules when submitting his tender ; to be applied in the event cereals market being disturbed, as last amended by Regulation (EEC) No Whereas, in order to ensure equal treatment to all 86/75 (4), and in particular Article 4 (2) thereof ; concerned, it is necessary to make provision such that the effective period of validity of licences issued to Having regard to Council Regulation No 139/ successful tenderers in connection with the invitation 67/EEC (5) of 21 June 1967 laying down general rules to tender is identical ; for granting export refunds on cereals and criteria for fixing the amount of such refunds, as last amended by Whereas provision must be made to ensure the Regulation (EEC) No 87/75 (6), and in particular smooth operation of the procedure for tendering for Article 4a thereof ; export levies and refunds ; whereas to this end it is appropriate to prescribe a minimum quantity to be Whereas, having regard to the current situation on the tendered for and a time limit and form for the cereals market, there should be opened in respect of communication of tenders submitted to the compe­ barley an invitation to tender for the export levy tent authorities ; provided for in the first indent of Article 2(1 ) of Regu­ lation (EEC) No 1968 /73 and for the export refund Whereas the measures provided for in this Regulation provided for in Article 4a of Regulation No 139/ are in accordance with the Opinion of the Manage­ 67/ EEC ; whereas, in order to safeguard Community ment Committee for Cereals, supplies whilst at the same time participating in the supply of certain markets, the invitation to tender for export should be limited to the markets concerned, which are situated in Zones I, II and III as defined in the Annex to Commission Regulation (EEC) No HAS ADOPTED THIS REGULATION : 941 /72 (7)»y of 5 May 1972 redefining the destination zones for export refunds on cereals and rice ; Article 1 Whereas the detailed rules governing invitations to tender are as regards the export levy contained in 1 . Tenders shall be invited for the export levy Commission Regulation (EEC) No 3130/73 (8) of 16 provided for in the first indent of Article 2(1 ) of November 1973 establishing the conditions for the Council Regulation ( EEC) No 1968 /73 and/or the application of the system of tendering for export export refund provided for in Article 4a of Regulation levies on cereals, as last amended by Regulation ( EEC) No 139 / 67 / EEC .

(') OJ No 117, 19 . 6. 1967, p . 2269/ 67 . (-?) OJ No L 72, 20 . 3 . 1975, p. 14. 2. The invitation to tender shall relate to barley for (3) OJ No L 201 , 21 . 7. 1973 , p. 10 . export to countries of Zones I, II and III as defined in (4) OJ No L 11 , 16 . 1 . 1975, p. 2. the Annex to Regulation ( EEC) No 941 /72. (5) OJ No 125, 26 . 6 . 1967, p . 2453/ 67 . (<>) OJ No L 11 , 16 . 1 . 1975, p . 3 . ( 7) OJ No L 107, 6 . 5 . 1972, p. 10 . H OJ No L 77, 26. 3 . 1975, p . 13 . ( 8) OJ No L 319 , 20 . 11 . 1973 , p . 10 . ( 10) OJ No L 31 , 5 . 2 . 1975, p . 8 .

No L 195/ 16 Official Journal of the European Communities 26 . 7 . 75

3 . The invitation shall remain open until 18 Article 7 December 1975. During this period weekly awards shall be made, the time limits for the submission of 1 . If the obligation to export is not filfilled, the tenders to be as prescribed in the notice of invitation security mentioned in Article 3 of Regulation (EEC) to tender. No 3130 /73 and (EEC) No 279 /75 shall be forfeit in respect of a quantity equal to the difference between 93 % of the net quantity indicated on the export Article 2 licence and the net quantity actually exported. A tender shall be valid only if it relates to an amount of not less than 1 000 metric tons . 2. However, if the quantity exported is less than 7 % of the net quantity indicated on the licence, the security shall be forfeit in its entirety. Article 3 3 . On request by the titular holder of the licence, 1 . The security referred to in Article 3 of Regula­ Member States may release the security by instalments tion (EEC) No 3130/73 and of Regulation (EEC) No in proportion to the quantities of product for which 279/75 shall be 20 units of account per metric ton . proof of exportation as referred to in Article 7 ( 1 ) of 2. By way of derogation from Article 7 ( 1 ) of Regula­ Regulations (EEC) No 3130/73 and (EEC) No 279/75 tions (EEC) No 3130/73 and (EEC) No 279/75, the has been furnished, provided that such proof esta­ security provided for in paragraph 1 shall subject to blishes that a quantity equal to at least 7 % of rhe net force majeure be released only in respect of any quan­ quantity indicated on the licence has been exported. tity for which the tender was not accepted or for which the tenderer furnishes proof of arrival at its Article 8 destination , such proof to be furnished as provided in the second, third and fourth subparagraphs of Article The tenders submitted must reach the Commission 11 ( 1 ) of Regulation (EEC) No 192/75 ( J ). through the intermediary of Member States at the latest one and a half hours after expiry of the period Article 4 for the weekly submission of tenders as specified in the notice of invitation to tender. They must be The zone of destination as specified in Article 1 (2) communicated in the form indicated in the Annex . shall be indicated in section 13 of the licence applica­ tion and of the licence itself. The issue of a licence If no tenders are received, Member States shall inform shall carry with it the obligation to export to that desti­ the Commission of this within the time limit indi­ nation . cated in the preceding paragraph .

Article 5 Article 9 If tenderer fails to comply with the undertaking given by him pursuant to Article 2 (3) (b) of Regulations During the period in which Summer Time applies in (EEC) No 3130/73 and (EEC) No 279/75, no export Italy, the times fixed for the submission of tenders licence shall be issued and the security lodged shall be regarded in that Member State as extended by pursuant to Article 3 of those Regulations shall accord­ one hour. During the period during which Summer ingly be forfeit. Time does not apply in the United Kingdom and in Ireland , the times fixed for the submission of tenders A rticle 6 shall be regarded in those Member States as brought forward by one hour. 1 . By way of derogation from the provisions of Article 9(1 ) of Regulation (EEC) No 193/75 (2 ), export Article 10 licences issued under Article 8 ( 1 ) of Regulation (EEC) No 3130/73 or under the like provision of Regulation 1 . By way of derogation from Article 5 of Regula­ (EEC) No 279/75 shall for the purpose of determining tions ( EEC) No 3130/73 and (EEC) No 279/75, the their period of validity be deemed to have been issued Commission shall decide, under the procedure laid on the day on which the tender was submitted . down in Article 26 of Regulation No 120/67/EEC : 2 . Export licences issued in connection with the — to fix a maximum export refund, taking account in invitation to tender pursuant to this Regulation shall particular of the criteria laid down in Articles 2 be valid from their date of issue, as defined in the and 3 of Regulation No 139 /67/ EEC, or previous paragraph until the end of the fourth month following that of issue . — to fix a minimum export levy, taking account in particular of the criteria laid 'down in Article (') OJ No L 25, 31 . 1 . 1975 , p . 1 . 3(1 ) (b) and (d) of Regulation (EEC) No 1968 /73, (-') OJ No L 25, 31 . 1 . 1975, p . 10 . or

26 . 7 . 75 Official Journal of the European Communities No L 195 / 17

— to make no award . cates a rate of levy equal to or greater than such minimum export levy. 2. Where a maximum export refund is fixed a contract shall be awarded to any tenderer whose tender indicates a rate of refund equal to or less than Article 11 such maximum export refund and to any tenderer 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, 25 July 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission

No L 195 / 18 Official Journal of the European Communities 26 . 7 . 75

ANNEX

Weekly tender for the levy/refund for the export of barley to the countries of Zones I , II and III

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

I

1 2 .5

Number of Quanlity Amount of export levy in national currency tender in metric tons per metric ton

1 2 3 4 5 etc.

I

1 2 3

Number of Quantity Amount of export refund in national currency tender in metric tons per metric ton

1 2 3 4 .5 etc.