31975R3276

17 . 12 . 75 No L 325/ 13 Official Journal of the European Communities

REGULATION ( EEC) No 3276/75 OF THE COMMISSION of 16 December 1975 on an invitation to tender for the levy and/or the refund for the export of durum wheat to the countries of Zones I , V , VI and of the Iberian Peninsula

THE COMMISSION OF THE EUROPEAN the commitments entered into by him when submit­ COMMUNITIES , ting his tender ; whereas these commitments include an obligation to lodge an application for an export Having regard to the Treaty establishing the European licence ; whereas compliance with this obligation may Economic Community ; be ensured by requiring the tenderer to give security Having regard to Council Regulation (EEC) No when submitting his tender ; 2727/75 ( J) of 29 October 1975 on the common organ­ ization of the market in cereals ; Whereas, in order to ensure equal treatment to all concerned , it is necessary to make provision such that Having regard to Council Regulation (EEC) No the effective period of validity of licences issued to 2747/75 (2) of 29 October 1975 laying down general successful tenderers in connection with the invitation rules to be applied in the event of the cereals market to tender is identical ; being disturbed, and in particular Article 4 (2) thereof ;

Having regard to Council Regulation Regulation Whereas provision must be made to ensure the (EEC) No 2746/75 (3) of 29 October 1975 laying down smooth operation of the procedure for tendering for general rules for granting export refunds on cereals export levies and refunds ; whereas to this end it is and criteria for fixing the amount of such refunds, and appropriate to prescribe a minimum quantity to be in particular Article 5 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 durum 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 2747/75 and for the export ment Committee for Cereals, refund provided for in Article 5 of Regulation (EEC) No 2746/75 ; whereas, in order to safeguard Commu­ nity supplies whilst at the same time participating in the supply of certain markets, the invitation to tender HAS ADOPTED THIS REGULATION : for export should be limited to the markets concerned , which are situated in Zones I, V, VI and in the countries of the Iberian Peninsula as defined in the Annex to Commission Regulation ( EEC) No Article 1 941 /72 (4) of 5 May 1972 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 Whereas the detailed rules governing invitations to Council Regulation (EEC) No 2747/75 and/or the tender are as regards the export levy contained in export refund provided for in Article 5 of Regulation Commission Regulation ( EEC) No 3130/73 (5) of 16 ( EEC) No 2746/75 . November 1973 establishing the conditions for the application of the system of tendering for export 2 . The invitation to tender shall relate to durum levies on cereals, as last amended by Regulation (EEC) No 771 /75 (6), and as regards the export refund in wheat for export to countries of Zones I, V, VI and of the Iberian Peninsula as defined in the Annex to Commission Regulation ( EEC) No 279/75 ( 7) of 4 February 1975 laying down detailed rules for the appli­ Regulation (EEC) No 941 /72. cation of the system of tendering for export refunds on cereals ; 3 . The invitation shall remain open until 20 May 1976. During this period weekly awards shall be Whereas the objective of the tendering procedure can made, the time limits for the submission of tenders to be attained only if every successful tenderer filfils all be as prescribed in the notice of invitation to tender.

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2 ) OJ No L 281 , 1 . 11 . 1975 , p. 82. (3) OJ No L 281 , 1 . 11 . 1975, p. 78 . Article 2 (4) OJ No L 107, 6 . 5 . 1972, p . 10 . (5 ) OJ No L 319, 20 . 11 . 1973, p . 10 , (6) OJ No L 77, 26 . 3 . 1975, p. 13 . A tender shall be valid only if it relates to an amount of not less than 400 metric tons . (7) OJ No L 31 , 5. 2 . 1975, p. 8 .

No L 325/ 14 17 . 12. 75 Official Journal of the European Communities

Article 3 in proportion to the quantities of product for which proof of exportation as referred to in Article 7 ( 1 ) of 1 . The security referred to in Article 3 of Regula­ Regulations (EEC) No 3130/73 and (EEC) No 279/75 tion (EEC) No 3130/73 and of Regulation (EEC) No has been furnished, provided that such proof esta­ 279/75 shall be 20 units of account per metric ton . blishes that a quantity equal to at least 7 % of the net 2. By way of derogation from Article 7 ( 1 ) of Regula­ quantity indicated on the licence has been exported. tions (EEC) No 3130/73 and (EEC) No 279/75, the security provided for in paragraph 1 shall subject to Article 8 force majeure be released only in respect of any quan­ tity for which the tender was not accepted or for The tenders submitted must reach the Commission which the tenderer furnishes proof of arrival at its through the intermediary of Member States at the destination , such proof to be furnished as provided in latest one and a half hours after expiry of the period the second, third and fourth subparagraphs of Article for the weekly submission of tenders as specified in 11 ( 1 ) of Regulation (EEC) No 192/75 ('). tfye notice of invitation to tender. They must be communicated in the form indicated in the Annex . Article 4 If no tenders are received, Member States shall inform The zone of destination as specified in Article 1 (2) the Commission of this within the time limit indi­ shall be indicated in section 13 of the licence applica­ cated in the preceding paragraph. tion and of the licence itself . The issue of a licence shall carry with it the obligation to export to that desti­ nation . Article 9

Article 5 During the period in which summer time applies in Italy, the times fixed for the submission of tenders If a tenderer fails to comply with the undertaking shall be regarded in that Member State as extended by given by him pursuant to Article 2(3)(b) of Regula­ one hour. During the period during which summer tions ( EEC) No 3130/73 and (EEC) No 279/75 , no time does not apply in the United Kingdom and in export licence shall be issued and the security lodged Ireland, the times fixed for the submission of tenders pursuant to Article 3 of those Regulations shall accord­ shall be regarded in those Member States as brought ingly be forfeit. forward by one hour.

Article 6 Article 10 1 . By way of derogation from the provisions of Article 9 ( 1 ) of Regulation ( EEC) No 193 /75 (2), export 1 . By way of derogation from Article 5 of Regula­ licences issued under Article 8 ( 1 ) of Regulation (EEC) tions ( EEC) No 3130/73 and (EEC) No 279/ 75, the No 3130 /73 or under the like provision of Regulation Commission shall decide, under the procedure laid ( EEC) No 279/75 shall for the purpose of determining down in Article 26 of Regulation (EEC) No 2727/75 : their period of validity be deemed to have been issued — to fix a maximum export refund , taking account in on the day on which the tender was submitted . particular of the criteria laid down in Articles 2 2. Export licences issued in connection with the and 3 of Regulation (EEC) No 2746/75, or invitation to tender pursuant to this Regulation shall — to fix a minimum export levy, taking account in be valid from their date of issue, as defined in the particular of the criteria laid down in Article 3(1 ) previous paragraph until the end of the fourth month (b) and (d) of Regulation (EEC) No 2747/75, or following that of issue . — to make no award . Article 7 2 . Where a maximum export refund is fixed a 1 . If the obligation to export is not filfilled, the contract shall be awarded to any tenderer whose security mentioned in Article 3 of Regulations (EEC) tender indicates a rate of refund equal to or less than such maximum export refund and to any tenderer No 3130/73 and ( EEC) No 279 /75 shall be forfeit in who has tendered for an export levy. respect of a quantity equal to the difference between 93 % of the net quantity indicated on the export Where a minimum export levy is fixed a contract licence and the net quantity actually exported . shall be awarded to any tenderer whose tender indi­ 2. However, if the quantity exported is less than cates a rate of levy equal to or greater than such 7 % of the net quantity indicated on the licence , the minimum export levy. security shall be forfeit in its entirety. 3 . On request by the titular holder of the licence , Article 11 Member States may release the security by instalments This Regulation shall enter into force on the day following its publication in the Official Journal of (') OJ No L 25, 31 . 1 . 1975, p . 1 . (*) OJ No L 25, 31 . 1 . 1975, p . 10 . the European Communities.

17 . 12 . 75 No L 325/ 15 Official Journal of the European Communities

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

Done at Brussels, 16 December 1975.

For the Commission

P. J. LARDINOIS Member of the Commission

ANNEX

Weekly tender for the levy/refund for the export of durum wheat to the countries of Zones I , V, VI and of the Iberian Peninsula

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

I

1 2 3

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

1 2 3 \

4 5 lll

etc.

II

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.