31978R2316

No L 279 / 8 4. 10 . 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2316/ 78 of 3 October 1978 on an invitation to tender for the refund for the export of common wheat to Zone VII

THE COMMISSION OF THE EUROPEAN Whereas provision must be made to ensure the COMMUNITIES, smooth operation of the invitation to tender for export refunds ; whereas to this end it is appropriate Having regard to the Treaty establishing the European to prescribe a minimum quantity to be tendered for Economic Community, and a time limit and form for the communication of tenders submitted to the competent authorities ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas the measures provided for in this Regulation tion of the market in cereals ( 1), as last amended by are in accordance with the opinion of the Manage­ Regulation (EEC) No 1 254/78 (2), ment Committee for Cereals,

Having regard to Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general HAS ADOPTED THIS REGULATION : rules for granting export refunds on cereals and criteria for fixing the amount of such refunds (3), and in particular Article 5 thereof, Article 1 Whereas, having regard to the current situation on the cereals market, there should be opened in respect of 1 . Tenders shall be invited for the export refund common wheat an invitation to tender for the export provided for in Article 5 of Regulation (EEC) No refund provided for in Article 5 of Regulation (EEC) 2746/75. No 2746/75 ; whereas, in order to safeguard Commu­ 2. The invitation to tender shall relate to common nity supplies whilst at the same time permitting expor­ ters to participate in the supply of certain markets, the wheat for export to Zone VII as defined in Annex I to invitation to tender for export should be limited to Regulation (EEC) No 1124/77. the markets concerned, which are situated in Zone VII as defined in Annex I to Commission Regulation 3 . The invitation shall remain open until 21 (EEC) No 1124/77 of 27 May 1977 redefining the December 1978 . During this period weekly awards destination zone for export refunds or levies and for shall be made, the time limits for the submission of certain export licences for cereals and rice (4) ; tenders to be as prescribed in the notice of invitation to tender. Whereas the tender procedure is governed by Commis­ sion Regulation (EEC) No 279/75 of 4 February 1975 laying down detailed rules for the application of the Article 2 system of tendering for export refunds on cereals (5) ; A tender shall be valid only if it relates to an amount Whereas the objective of the tendering procedure can of not less than 1 000 tonnes . be attained only if every successful tenderer fulfils all the commitments entered into by him when submit­ ting his tender ; whereas these commitments include Article 3 an obligation to lodge an application for an export licence ; whereas compliance with this obligation may 1 . The security referred to in Article 3 of Regula­ be ensured by requiring the tenderer to give security tion (EEC) No 279/75 shall be 10 units of account per when submitting his tender ; tonne .

Whereas, in order to ensure equal treatment to all 2. By way of derogation from Article 7 ( 1 ) of Regu­ concerned, it is necessary to make provision such that lation (EEC) No 279/75, the security provided for in the effective period of validity of licences issued to paragraph 1 shall, subject to force majeure, be released successful tenderers in connection with the invitation only in respect of any quantity for which the tender to tender is in all cases the same ; was not accepted or for which the tenderer furnishes proof of arrival at its destination, such proof to be (>) OJ No L 281 , 1 . 11 . 1975, p. 1 . furnished as provided for in Article 11 ( 1 ) of Regula­ (2) OJ No L 156, 14. 6 . 1978 , p. 1 . tion (EEC) No 192/75(6). (}) OJ No L 281 , 1 . 11 . 1975, p. 78 . (*) OJ No L 134, 28 . 5 . 1977, p. 53. (s) OJ No L 31 , 5. 2. 1975, p. 8 . (6) OJ No L 25, 31 . 1 . 1975, p. 1 .

4. 10 . 78 No L 279 /9 Official Journal of the European Communities

Article 4 3. On request by the titular holder of the licence, Member States may release the security by instalments The zone of destination as specified in Article 1 (2) in proportion to the quantities of product for which shall be indicated in section 13 of the licence applica­ proof of exportation as referred to in Article 7 ( 1 ) of tion and of the export licence itself. The issue of a Regulation (EEC) No 279/75 has been furnished, licence shall carry with it the obligation to export to provided that such proof establishes that a quantity that destination . equal to at least 7 % of the net quantity indicated on the licence has been exported. Article 5

If a tenderer fails to comply with the undertaking Article 8 given by him pursuant to Article 2 (3) (b) of Regula­ tion (EEC) No 279/75, no export licence shall be The tenders submitted must reach the Commission issued and the security specified in Article 3 ( 1 ) of this through the intermediary of Member States at the Regulation and lodged pursuant to Article 3 of Regula­ latest one and a half hours after expiry of the period tion (EEC) No 279/75 shall accordingly be forfeit. for the weekly submission of tenders as specified in the notice of invitation to tender. They must be Article 6 communicated in the form indicated in the Annex .

1 . By way of derogation from the provisions of If no tenders are received, Member States shall inform Article 9 ( 1 ) of Regulation (EEC) No 193/75 ( J ), export the Commission of this within the time limit indi­ licences issued under Article 8 ( 1 ) of Regulation (EEC) cated in the preceding paragraph. 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 9

2. Export licences issued in connection with this The time limits fixed for the submission of tenders invitation to tender shall be valid from their date of shall be : issue, as defined in the previous paragraph, until the end of the fourth month following that of issue. — brought forward by one hour in Ireland and the United Kingdom during the period in which Article 7 summer time does not apply in those Member States, 1 . If the obligation to export is not fulfilled, the security mentioned in Article 3 of Regulation (EEC) — extended by one hour in the other Member States No 279/75 shall be forfeit in respect of a quantity when the latter are applying summer time. equal to the difference between 93 % of the net quan­ tity indicated on the export licence and the net quan­ Article 10 tity actually exported.

2. , However, if the quantity exported is less than This Regulation shall enter into force on the third day 7 % of the net quantity indicated on the licence, the following its publication in the Official Journal of security shall be forfeit in its entirety. the European Communities.

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

Done at Brussels, 3 October 1978 .

For the Commission

Finn GUNDELACH Vice-President

(') OJ No L 25, 31 . 1 . 1975, p. 10 .

No L 279/ 10 Official Journal of the European Communities 4. 10. 78

ANNEX

Weekly tender for the refund for the export of common wheat to Zone VII

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

1 2 3

Number of Quantity Amount of export refund in national currency tender in tonnes per tonne

1 2 3 4 5 etc.