31981R1062

No L 111 / 18 Official Journal of the European Communities 23 . 4 . 81

COMMISSION REGULATION ( EEC) No 1062/81 of 15 April 1981 opening an invitation to tender for the levy and/or refund for the export of durum wheat to countries in Zones I , V and VI

THE COMMISSION OF THE EUROPEAN Whereas, in order to ensure that all those concerned COMMUNITIES, are treated equally, it is necessary to lay down that the period of validity of the licences issued should be iden­ Having regard to the Treaty establishing the European tical ; Economic Community,

Having regard to Council Regulation (EEC) No Whereas, in order to ensure the smooth operation of 2727/75 of 29 October 1975 on the common organiza­ the tendering procedure, it is appropriate to prescribe tion of the market in cereals (J), as last amended by a minimum quantity to be tendered for and a time the Act of Accession of Greece (2), limit and form for the communication of tenders submitted to the competent authorities ; Having regard to Council Regulation (EEC) No 2747/75 of 29 October 1975 laying—tfown general Whereas the measures provided for in this Regulation rules to be applied in the event of the cereals market are in accordance with the opinion of the Manage­ being disturbed (3), as last amended by Regulation ment Committee for Cereals, (EEC) No 2560/77 (4), and in particular Article 2 ( 1 ) thereof, 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 (5), and in particular Article 5 thereof, Article 1 Whereas, in view of the current situation on the cereals market, an invitation should be opened in 1 . Tenders shall be invited for the export levy respect of durum wheat to tender for the export levy provided for in the first indent of Article 2 (1 ) of Regu­ provided for in the first indent of Article 2 ( 1 ) of Regu­ lation (EEC) No 2747/75 and/or the export refund lation (EEC) No 2747/75 and/or for the export refund provided for in Article 5 of Regulation (EEC) No provided for in Article 5 of Regulation (EEC) No 2746/75 . 2746/75 ; whereas there is a demand on certain specific markets ; whereas in order to ensure supply, 2. The invitation to tender shall relate to durum the invitation to tender for export should be limited wheat for export to Zones I, V and VI as defined in to Zones I , V and VI ; Annex I to Regulation (EEC) No 1 124/77 (n). Whereas the detailed procedural rules governing invi­ tations to tender are as regards the fixing of the export 3 . The invitation shall remain open until 30 June levy laid down in Commission Regulation (EEC) No 1981 . During this period weekly awards shall be 3130/73 (6), as amended by Regulations (EEC) No made, for which the time limits for the submission of 278/75 (7) and (EEC) No 771 /75 (8), and, as regards the tenders shall be as prescribed in the notice of invita­ fixing of the export refund, in Commission Regula­ tion to tender. tion (EEC) No 279/75 (9), as amended by Regulation (EEC) No 2944/78 (10), whereas the commitments on the part of the tenderer include an obligation to lodge Article 2 an application for an export licence ; whereas compli­ ance with this obligation may be ensured by requiring A tender shall be valid only if it relates to an amount tenderers to lodge a tendering security of 12 ECU per of not less than 1 000 tonnes . tonne when they submit their tenders ;

(i) OJ No L 281 , 1 . 11 . 1975, p . 1 . (2) OJ No L 291 , 19 . 11 . 1979, p . 17. Article 3 3) OJ No L 281 , 1 . 11 . 1975, p. 82. 4) OJ No L 303, 28 . 11 . 1977, p. 1 . 5) OJ No L 281 , 1 . 11 . 1975, p. 78 . The security referred to in Article 3 of Regulation ') OJ No L 319, 20 . 11 . 1973, p. 10 . (EEC) No 3130/73 and in Article 3 of Regulation 7) OJ No L 31 , 5. 2. 1975, p. 7. (EEC) No 279/75 shall be 12 ECU per tonne. ») OJ No L 77, 26. 3 . 1975, p. 13. 9) OJ No L 31 , 5. 2. 1975, p. 8 . (10) OJ No L 351 , 15. 12. 1978 , p. 16. (") OJ No L 134, 28 . 5. 1977, p . 53 .

23 . 4. 81 Official Journal of the European Communities No L 111 / 19

Article 4 tender indicates a rate of refund equal to or less than such maximum export refund and to any tenderer 1 . Notwithstanding Article 21 ( 1 ) of Regulation who has tendered for an export levy. (EEC) No 3183/80 (!), export licences issued under Article 8 ( 1 ) of Regulation (EEC) No 3130/73 or Regu­ Where a minimum export levy is fixed, a contract lation (EEC) No 279/75 shall, for the purpose of deter­ shall be awarded to any tenderer whose tender indi­ mining their period of validity, be deemed to have cates a rate of levy equal to or greater than such been issued on the day on which the tender was minimum export levy. submitted.

2. Export licences issued in connection with the Article 6 invitation to tender pursuant to this Regulation shall be valid from their date of issue, as defined in para­ Tenders submitted must reach the Commission graph 1 , until the end of the second month following ' through the intermediary Member States at the latest that of issue. one and a half hours after expiry of the period for the weekly submission of tenders as specified in the Article 5 notice of invitation to tender. They must be communi­ cated in the form indicated in the Annex. 1 . Notwithstanding Article 5 of Regulation (EEC) • If no tenders are received, Member States shall inform No 3130/73 and Article 5 of Regulation (EEC) No the Commission of this within the time limit indi­ 279/75, the Commission shall decide, under the proce­ dure laid down in Article 26 of Regulation (EEC) No cated in the preceding paragraph. 2727/75 : Article 7 — to fix a maximum export refund, taking account in particular of the criteria laid down in Articles 2 The time limits fixed for the submission of tenders and 3 of Regulation (EEC) No 2746/75, or shall correspond to Belgian time. — to fix a minimum export levy, taking account in particular of the criteria laid down in Article 3 ( 1 ) (b) and (d) of Regulation (EEC) No 2747/75, or Article 8 — to make no award . This Regulation shall enter into force on the day 2. Where a maximum export refund is fixed, a following its publication in the Official Journal of contract shall be awarded to any tenderer whose the European Communities.

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

Done at Brussels, 15 April 1981 .

For the Commission

Poul DALSAGER Member of the Commission

(') OJ No L 388 , 13 . 12. 1980, p. 1 .

No L 111 /20 Official Journal of the European Communities 23 . 4. 81

ANNEX

Weekly tender for the levy/refund for the export of durum wheat to the countries of Zones I , V and VI

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

I

1 2 3

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

1 2 3 4 5 etc.

I

1 2 3

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

1 2 3 4 5 etc.