31976R0318

14. 2 . 76 No L 39 / 19 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 318/76

of 13 February 1976

on an invitation to tender for the levy and/or the refund for the export of common wheat to the countries of Zones II and III

THE COMMISSION OF THE EUROPEAN cation of the system of tendering for export refunds COMMUNITIES, on cereals (8) ;

Having regard to the Treaty establishing the European Whereas the objective of the tendering procedure can Economic Community, be attained only if every successful tenderer fulfils all the commitments entered into by him when submit­ Having regard to Council Regulation (EEC) No ting his tender ; whereas these commitments include 2727/75 of 29 October 1975 on the common organiza­ an obligation to lodge an application for an export tion of the market in cereals (1), as amended by Regula­ licence ; whereas compliance with this obligation may tion (EEC) No 3058/75 (2), be ensured by requiring the tenderer to give security when submitting his tender ; Having regard to Council Regulation (EEC) No 2747/75 of 29 October 1975 laying down general Whereas, in order to ensure equal treatment to all rules to be applied in the event of the cereals market concerned, it is necessary to make provision such that being disturbed (3), and in particular Article 4 (2) the effective period of validity of licences issued to thereof, successful tenderers in connection with the invitation to tender is identical ; Having regard to Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general Whereas provision must be made to ensure the rules for granting export refunds on cereals and smooth operation of the procedure for tendering for criteria for fixing the amount of such refunds (4), and export levies and refunds ; whereas to this end it is in particular Article 5 thereof, appropriate to prescribe a minimum quantity to be tendered for and a time limit and form for the Whereas, having regard to the current situation on the communication of tenders submitted to the compe­ cereals market, there should be opened in respect of tent authorities ; common wheat an invitation to tender for the export levy provided for in the first indent of Article 2(1 ) of Regulation (EEC) No 2747/75 and for the export Whereas the measures provided for in this Regulation refund provided for in Article 5 of Regulation (EEC) are in accordance with the opinion of the Manage­ ment Committee for Cereals, 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 for export should be limited to the fnarkets concerned, which are situated in Zones II and III as HAS ADOPTED THIS REGULATION : defined in the Annex to Commission Regulation (EEC) No 306/76 of 12 February 1976 redefining the destination zones for export refunds or levies on Article 1 cereals and rice (5) ;

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 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 (6), as last amended by Regulation 2. The invitation to tender shall relate to common (EEC) No 771 /75 (7), and as regards the export refund wheat for export to countries of Zones II and III as in Commission Regulation (EEC) No 279/75 of 4 defined in the Annex to Regulation (EEC) No 306/76. February 1975 laying down detailed rules for the appli­

') UJ INO L /81 , 1 . 11 . iy / 3 , p. 1 . 3. The invitation shall remain open until 20 May 2) OJ No L 306, 26. 11 . 1975, p. 3 . 1976. During this period weekly awards shall be 3) OJ No L 281 , 1 . 11 . 1975, p. 82. made, the time limits for the submission of tenders to 4) OJ No L 281 , 1 . 11 . 1975, p. 78 . be as prescribed in the notice of invitation to tender. 5) OJ No L 38 , 13 . 2. 1976, p. 14. b) OJ No L 319, 20. 11 . 1975, p. 10. 7) OJ No L 77, 26. 3 . 1975, p. 13. (« OJ No L 31 , 5. 2. 1975, p. 8 .

No L 39/20 14 . 2 . 76 Official Journal of the European Communities

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 1 000 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. 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 192/75 0). 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 tion and of the licence itself. The issue of a licence for the weekly submission of tenders as specified in the notice of inviation 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 Article 5 the Commission of this within the time limit indi­ 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 tions (EEC) No 3130/73 and (EEC) No 279/75, no Article 9 export licence shall be issued and the security lodged pursuant to Article 3 ( 1 ) of those Regulations shall accordingly be forfeit. During the period in which summer time applies in Italy, the times fixed for the submission of tenders shall be regarded in that Member State as extended by Article 6 one hour. During the period during which summer time does not apply in the United Kingdom and in 1 . By way of derogation from the provisions of Ireland, the times fixed for the submission of tenders Article 9(1 ) of Regulation (EEC) No 193/75 (2), export shall be regarded in those Member States as brought licences issued under Article 8 ( 1 ) of Regulation (EEC) forward by one hour. No 3130/73 or under the like provision of 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 submitted. Article 10

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 (EEC) No 2727/75 : following that of issue . — to fix a maximum export refund, taking account in Article 7 particular of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2746/75, 1 . If the obligation to export is not fulfilled, 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(l)(b) and (d) of Regulation (EEC) No 2747/75, (>) OJ No L 25, 31 . 1 . 1975, p. 1 . (2) OJ No L 25, 31 . 1 . 1975, p. 10 . — to make no award .

14. 2 . 76 Official Journal of the European Communities No L 39/21

2. Where a maximum export refund is fixed a cates a rate of levy equal 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, 13 February 1976 .

, For the Commission •

P.J. LARDINOIS

Member of the Commission

No L 39 / 22 14 . 2. 76 Official Journal of the European Communities

ANNEX

Weekly tender for the levy/refund for the export of common wheat to the countries of Zones II and III

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

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.