31980R3022

No L 317 / 6 Official Journal of the European Communities 25 . 11 . 80

COMMISSION REGULATION ( EEC) No 3022/80

of 24 November 1980 opening an invitation to tender for the levy and/or refund for the export of common wheat to countries of Zone IV, and amending Regulation (EEC) No 1427/80

THE COMMISSION OF THE EUROPEAN export levy laid down in Commission Regulation COMMUNITIES , ( EEC) No 3130/ 73 (7), as amended by Regulations (EEC) No 278 /75 (8) and ( EEC) No 771 / 75 ('), and , Having regard to the Treaty establishing the as regards the fixing of the export refund , in European Economic Community, Commission Regulation (EEC) No 279 / 75 ( 10 ), as amended by Regulation (EEC) No 2944 / 78 ( M ); whereas the commitments on the part of the tenderer Having regard to Council Regulation ( EEC) No include an obligation to lodge an application for an 2727 / 75 of 29 October 1975 on the common organi­ export licence ; whereas compliance with this zation of the market in cereals ('), as last amended by obligation may be ensured by requiring tenderers to Regulation (EEC) No 1870 / 80 (J), lodge a tendering security of 12 ECU per tonne when they submit their tenders ; 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 neccessary to make provision such being disturbed ('), as last amended by Regulation that the periods of validity of licences issued are (EEC) No 2560 / 77 (4), and in particular Article 2 ( 1 ) identical ; thereof,

Having regard to Council Regulation (EEC) No Whereas , in order to ensure the smooth operation of 2746 / 75 of 29 October 1975 laying down general the tendering procedure , it is appropriate to prescribe rules for granting export refunds on cereals and a minimum quantity to be tendered for and a time limit and form for the communication of tenders criteria for fixing the amount of such refunds ( 5), and submitted to the competent authorities ; in particular Article 5 thereof,

Whereas by Commission Regulation ( EEC) No Whereas the measures provided for in this Regulation 1427 / 80 of 6 June 1980 (6), an invitation to tender for are in accordance with the opinion of the Management Committee for Cereals, the export of common wheat to countries of Zone IV was opened ; whereas in view of the present situation the invitation to tender should be closed ;

Whereas , in view of the current situation on the HAS ADOPTED THIS REGULATION : cereals market, an invitation should be opened in respect of common wheat to tender for the export levy provided for in the first indent of Article 2 ( 1 ) of Article 1 Regulation (EEC) No 2747 / 75 and /or for the export refund provided for in Article 5 of Regulation (EEC ) No 2746 / 75 ; whereas there is demand for common 1 . The date specified in Article 1 ( 3) of Regulation wheat on certain specific markets ; whereas in order (EEC) No 1427 / 80 shall be replaced by '4 December to ensure supply, the invitation to tender for export 1980 '. should be limited to Zone IV ; 2 . Tenders shall be invited for the export levy Whereas the detailed procedural rules governing provided for in the first indent of Article 2 ( 1 ) of invitations to tender are as regards the fixing of the Regulation (EEC ) No 2747 / 75 and / or the export refund provided for in Article 2 of Regulation (EEC)

O OJ No L 281 , 1 . 11 . 1975 , p. 1 . ( 2) OJ No L 184 , 17 . 7 . 1980 , p. 1 . O OJ No L 319 , 20 . 11 . 1973 , p . 10 . O OJ No L 281 , 1 . 1 1 . 1975 , p. 82 . (') OJ No L 31 , 5 . 2 . 1975 , p . 7 . ( 4) OJ No L 303 , 28 . 11 . 1977 , p. 1 . O OJ No L 77 , 26 . 3 . 1975 , p . 13 . o OJ No L 281 , 1 . 11 . 1975 , p. 78 . O OJ No L 31 , 5 . 2 . 1975 , p . 8 . (6) OJ No L 143 , 7 . 6 . 1980 , p. 5 . (") OJ No L 351 , 15 . 12 . 1978 , p . 16 .

25 . 11 . 80 Official Journal of the European Communities No L 317 / 7

3 . The invitation to tender shall relate to common — to fix a maxiumum export refund, taking account wheat for export to the countries of Zone IV as in particular of the criteria laid down in Articles 2 defined in Annex I to Regulation (EEC) No 1124 / 77 . and 3 of Regulation (EEC) No 2746 / 75 , or

— to fix a minimum export levy, taking account in 4 . The invitation shall remain open until 30 June particular of the criteria laid down in Article 3 (1 ) 1981 . During this period weekly awards shall be (b) and (d) of Regulation (EEC) No 2747 /75 , or made , for which the time limits for the submission of tenders shall be as prescribed in the notice of — to make no award . invitation to tender. 2 . Where a maximum export refund is fixed , a Article 2 contract shall be awarded to any tenderer whose tender indicates a rate of refund equal to or less than such maximum export refund and to any tenderer A tender shall be valid only if it relates to an amount of not less than 1 000 tonnes . who has tendered for an export levy.

Where a minimum export levy is fixed, a contract Article 3 shall be awarded to any tenderer whose tender indicates a rate of levy equal to or greater than such The security referred to in Article 3 of Regulation minimum export levy. (EEC) No 3130 / 73 and in Article 3 of Regulation (EEC ) No 279/ 75 shall be 12 ECU per tonne. Article 6

Article 4 Tenders submitted must reach the Commission through the intermediary of Member States at the 1 . Notwithstanding Article 9 ( 1 ) of Regulation latest one and a half hours after expiry of the period ( EEC ) No 193 /75 ('), export licences issued under for the weekly submission of tenders as specified in Article 8 ( 1 ) of Regulation (EEC) No 3130 / 73 or the notice of invitation to tender. They must be under Article 8 ( 1 ) of Regulation (EEC) No 279 / 75 communicated in the form indicated in the Annex . shall , for the purpose of determining their period of validity, be deemed to have been issued on the day on If no tenders are received , Member States shall which the tender was submitted . inform the Commission of this within the time limit indicated in the preceding paragraph . 2 . Export licences issued in connection with the invitation to tender pursuant to this Regulation shall be valid from their date of issue, as defined in Article 7 paragraph 1 , until the end of the fourth month following that of issue . The time limits fixed for the submission of tenders shall correspond to Belgian time . Article 5

Article 8 1 . Notwithstanding Article 5 of Regulation (EEC) No 3130 / 73 and Article 5 of Regulation (EEC) No 279 / 75 , the Commission shall decide , under the This Regulation shall enter into force on the day procedure laid down in Article 26 of Regulation following its publication in the Official Journal of the ( EEC) No 2727 / 75 : European Communities.

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

Done at Brussels , 24 November 1980 .

For the Commission

Finn GUNDELACH Vice-President

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

No L 317 / 8 25 . 11 . 80 Official Journal of the European Communities

ANNEX

Weekly tender for the levy/refund for the export of common wheat to countries of Zone IV

(Closing date for the submission of tenders ( date / time))

I

1 2 3

Quantity Amount of export levy Number of tenderer in tonnes in national currency per tonne

1 2 3 4 5

etc.

II

1 2 3

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

1 2 3 4 5

etc .