31975R3336

No L 329 / 20 Official Journal of the European Communities 23 . 12 . 75

REGULATION ( EEC) No 3336/ 75 OF THE COMMISSION of 22 December 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 , III , IV and VI

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 (') 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 (EEC) No Whereas provision must be made to ensure the 2746/75 (3) of 29 October 1975 laying down general smooth operation of the procedure for tendering for rules for granting export refunds on cereals and export levies and refunds ; whereas to this end it is criteria for fixing the amount of such refunds, and in appropriate to prescribe a minimum quantity to be 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 barley an invitation to tender for the export levy provided for in the first indent of Article 2 ( 1 ) of Regu­ Whereas the Management Committee for Cereals has lation (EEC) No 2747/75 and for the export refund not delivered an opinion within the time limit set by provided for in Article 5 of Regulation (EEC) , No its Chairman , 2746/75 ; whereas, in order to safeguard Community 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, HAS ADOPTED THIS REGULATION : which are situated in Zones I , II, III, IV and VI as defined in the Annex to Commission Regulation ( EEC) No 941 /72 (4) of 5 May 1972 redefining the Article 1 destination zones for export refunds on cereals and rice ; 1 . Tenders shall be invited for the export levy Whereas the detailed rules governing invitations to provided for in the first indent of Article 2(1 ) of tender are as regards the export levy contained in Council Regulation (EEC) No 2747/75 and/or the Commission Regulation (EEC) No 3130/73 (5) of 16 export refund provided for in Article 5 of Regulation November 1973 establishing the conditions for the (EEC) No 2746/75 . application of the system of tendering for export levies on cereals, as last amended by Regulation (EEC) 2. The invitation to tender shall relate to barley for No 771 /75 (6), and as regards the export refund in export to countries of Zones I, II, III , IV and VI as Commission Regulation (EEC) No 279/75 (7) of 4 defined in the Annex to Regulation (EEC) No 941 /72. February 1 975 laying down detailed rules for the appli­ 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 fulfils 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. P ) OJ No L 281 , 1 . 11 . 1975, p. 78 . A rt icle 2 (4) OJ No L 107, 6. 5. 1972, p„ 10. (5 ) OJ No L 319, 20 . 11 . 1973, p. 10 . (b) OJ No L 77, 26. 3 . 1975, p . 13 . A tender shall be valid only if it relates to an amount O OJ No L 31 , 5. 2. 1975, p. 8 . of not less than 1 000 metric tons .

23 . 12 . 75 No L 329 / 21 Official Journal of the European Communities

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. tion (EEC) No 3130/73 and of Regulation (EEC) No 279 /75 shall be 20 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 Regula­ in proportion to the quantities of product for which tions (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 11 ( 1 ) of Regulation (EEC) No 1 92/75 (»). Article 8

Article 4 The tenders submitted must reach the Commission through the intermediary of Member States at the The zone of destination as specified in Article 1 (2) latest one and a half hours after expiry of the period shall be indicated in section 13 of the licence applica­ for the weekly submission of tenders as specified in tion and of the licence itself. The issue of a licence the notice of invitation to tender. They must be shall carry with it the obligation to export to that desti­ communicated in the form indicated in the Annex . nation . If no tenders are received , Member States shall inform the Commission of this within the time limit indi­ Article 5 cated in the preceding paragraph . If a tenderer fails to comply with the undertaking given by him pursuant to Article 2 (3) (b) of Regula­ Article 9 tions (EEC) No 3130/73 and (EEC) No 279/75, no export licence shall be issued and the security lodged pursuant to Article 3 of those Regulations shall accord­ During the period in which summer time applies in ingly be forfeit. Italy, the times fixed for the submission of tenders shall be regarded in that Member State as extended by one hour. During the period during which summer Article 6 time does not apply in the United Kingdom and in Ireland , the times fixed for the submission of tenders 1 . By way of derogation from the provisions of shall be regarded in those Member States as brought Article 9(1 ) of Regulation (EEC) No 1 93/75 (2), 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 10 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 2. Export licences issued in connection with the Commission shall decide , under the procedure laid invitation to tender pursuant to this Regulation shall down in Article 26 of Regulation (EEC) No 2727/75 : be valid from their date of issue , as defined in the previous paragraph until the end of the fourth month — to fix a maximum export refund, taking account in following that of issue. particular of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2746/75, Article 7 — to fix a minimum export levy, taking account in particular of the criteria laid down in Article 1 . If the obligation to export is not fulfilled, the 3 ( 1 ) (b) and (d) of Regulation (EEC) No 2747/75 , security mentioned in Article 3 of Regulations (EEC) — to make no award . No 3130 /73 and ( EEC) No 279/75 shall be forfeit in respect of a quantity equal to the difference between 2. Where a maximum export refund is fixed a 93 % of the net quantity indicated on the export contract shall be awarded to any tenderer whose licence and the net quantity actually exported . tender indicates a rate of refund equal to or less than (>) OJ No L 25, 31 . 1 . 1975 , p . 1 . such maximum export refund and to any tenderer (-') OJ No L 25 , 31 . 1 . 1975 , p . 10 . who has tendered for an export levy.

No L 329 / 22 Official Journal of the European Communities 23 . 12. 75

Where a minimum export levy is fixed a contract Article 11 shall be awarded to any tenderer whose tender indi­ This Regulation shall enter into force on the day cates a rate of levy equal to or greater than such following its publication in the Official Journal of minimum export levy. the European Communities.

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

Done at Brussels, 22 December 1975.

For the Commission P. J.' LARDINOIS

Member of the Commission

23 . 12 . 75 No L 329/23 Official Journal of the European Communities

ANNEX

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

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 |

etc.

II

l 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 .