31980R3024

No L 317 / 12 Official Journal of the European Communities 25 . 11 . 80

COMMISSION REGULATION ( EEC ) No 3024 / 80

of 24 November 1980 opening an invitation to tender for the levy and/or refund for the export of common wheat to Poland, Czechoslovakia, Hungary, Romania, Bulgaria and the German Democratic Republic, and amending Regulation ( EEC) No 1429/80

THE COMMISSION OF THE EUROPEAN Hungary, Romania , Bulgaria and the German COMMUNITIES , Democratic Republic ;

Having regard to the Treaty establishing the Whereas the detailed procedural rules governing European Economic Community, invitations to tender are as regards the fixing of the export levy laid down in Commission Regulation Having regard to Council Regulation (EEC) No ( EEC) No 3130 / 73 ( 7), as amended by Regulations 2727 / 75 of 29 October 1975 on the common organi­ (EEC) No 278 / 75 (8) and ( EEC) No 771 / 75 ('), and , zation of the market in cereals ('), as last amended by as regards the fixing of the export refund , in Regulation (EEC) No 1870 / 80 (2), Commission Regulation (EEC) No 279 / 75 ( 10), as amended by Regulation (EEC) No 2944 / 78 ( n ); 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 2747 / 75 of 29 October 1975 laying down general export licence ; whereas compliance with this rules to be applied in the event of the cereals market obligation may be ensured by requiring tenderers to being disturbed (}), as last amended by Regulation lodge a tendering security of 12 ECU per tonne when (EEC) No 2560 / 77 (J), and in particular Article 2 (1 ) they submit their tenders ; thereof,

Whereas , in order to ensure equal treatment to all Having regard to Council Regulation ( EEC) No concerned , it is necessary to make provision such that 2746 /75 of 29 October 1975 laying down general the periods of validity of licences issued are identical ; rules for granting export refunds on cereals and criteria for fixing the amount of such refunds ( 5), and in particular Article 5 thereof, Whereas , in order to ensure the smooth operation of the tendering procedure, it is appropriate to prescribe a minimum quantity to be tendered for and a time Whereas by Commission Regulation ( EEC) No limit and form for the communication of tenders 1429/ 80 of 6 June 1980 (6) an invitation to tender for submitted to the competent authorities ; the export of common wheat to Poland , Czechoslovakia, Hungary, Romania, Bulgaria and the German Democratic Republic was opened ; Whereas the measures provided for in this Regulation whereas in view of the present situation the invitation are in accordance with the opinion of the to tender should be closed ; Management Committee for Cereals ,

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 ) 1 . The date specified in Article 1 ( 3) of Regulation No 2746 /75 ; whereas there is demand for common (EEC ) No 1429 / 80 shall be replaced by '4 December wheat on certain specific markets ; whereas in order 1980 '. to ensure supply, the invitation to tender for export should be limited to Poland , Czechoslovakia , 2 . Tenders shall be invited for the export levy provided for in the first indent of Article 2 ( 1 ) of

') OJ No L 281 , 1 . 1 1 . 1975 , p . 1 . 2 ) OJ No L 184 , 17 . 7 . 1980 , p . 1 . O OJ No L 319 , 20 . 11 . 1973 , p . 10 . 3 ) OJ No L 281 , 1 . 11 . 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 . 5) OJ No L 281 , 1 . 11 . 1975 , p . 78 . ( 10) OJ No L 31 , 5 . 2 . 1975 , p . 8 . 6) OJ No L 143 , 7 . 6 . 1980 , p . 9 . (") OJ No L 351 , 15 . 12 . 1978 , p . 16 .

25 . 11 . 80 No L 317 / 13 Official Journal of the European Communities

Regulation (EEC) No 2747 / 75 and / or the export 279 / 75 , the Commission shall decide , under the refund provided for in Article 5 of Regulation (EEC) procedure laid down in Article 26 of Regulation No 2746 / 75 . ( EEC ) No 2727 / 75 : 3 . The invitation to tender shall relate to common — to fix a maximum export refund, taking account wheat for export to Poland , Czechoslovakia, in particular of the criteria laid down in Articles 2 Hungary, Romania, Bulgaria and the German and 3 of Regulation (EEC) No 2746 /75 , or Democratic Republic. — 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 — to make no award . tenders shall be as prescribed in the notice of invitation to tender . 2 . Where a maximum export refund is fixed , a contract shall be awarded to any tenderer whose Article 2 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 who has tendered for an export levy. of not less than 1 000 tonnes . Where a minimum export levy is fixed, a contract shall be awarded to any tenderer whose tender Article 3 indicates a rate of levy equal to or greater than such minimum export levy. The security referred to in Article 3 of Regulation (EEC) No 3130 / 73 and in Article 3 of Regulation Article 6 (EEC) No 279 / 75 shall be 12 ECU per tonne . Tenders submitted must reach the Commission Article 4 through the intermediary of Member States at the latest one and a half hours after expiry of the period for the weekly submission of tenders as specified in 1 . Notwithstanding Article 9 ( 1 ) of Regulation the notice of invitation to tender. They must be (EEC) No 193 / 75 ('), export licences issued under communicated in the form indicated in the Annex . Article 8 ( 1 ) of Regulation (EEC) No 3130 / 73 or under Article 8 ( 1 ) of Regulation (EEC) No 279 / 75 If no tenders are received , Member States shall shall , for the purpose of determining their period of inform the Commission of this within the time limit validity, be deemed to have been issued on the day on indicated in the preceding paragraph . which the tender was submitted . Article 7 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 The time limits fixed for the submission of tenders paragraph 1 , until the end of the fourth month shall correspond to Belgian time . following that of issue . Article 8 Article 5 This Regulation shall enter into force on the day 1 . Notwithstanding Article 5 of Regulation (EEC) following its publication in the Official Journal of the No 3130 / 73 and Article 5 of Regulation (EEC) No 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 / 14 Official Journal of the European Communities 25 . 11 . 80

ANNEX

Weekly tender for the levy/refund for the export of common wheat to Poland, Czechoslovakia, Hungary, Romania, Bulgaria and the German Democratic Republic

(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 .