31981R1603

17 . 6 . 81 Official Journal of the European Communities No L 159/ 13

COMMISSION REGULATION (EEC) No 1603/81 of 16 June 1981 opening an invitation to tender for the levy and/or refund for the export of common wheat to countries of Zone IV

THE COMMISSION OF THE EUROPEAN security of 12 ECU per tonne when they submit their COMMUNITIES, tenders ;

Having regard to the Treaty establishing the European Whereas, in order to ensure equal treatment to all Economic Community, concerned, it is necessary to make provision such that the periods of validity of licences issued are identical ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals (1), as last amended by Whereas, in order to ensure the smooth operation of the Act of Accession of Greece (2), the tendering procedure, it is appropriate to prescribe a minimum quantity to be tendered for and a time Having regard to Council Regulation (EEC) No limit and form for the communication of tenders 2747/75 of 29 October 1975 laying down general submitted to the competent authorities ; rules to be applied in the event of the cereals market being disturbed (3), as last amended by Regulation Whereas the measures provided for in this Regulation (EEC) No 2560/77 (4), and in particular Article 2 ( 1 ) are in accordance with the opinion of the Manage­ thereof, ment Committee for Cereals, Having regard to Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for granting export refunds on cereals and HAS ADOPTED THIS REGULATION : criteria for fixing the amount of such refunds (5), and in particular Article 5 thereof,

Whereas, in view of the current situation on the Article 1 cereals market, an invitation should be opened in respect of common wheat to tender for the export 1 . Tenders shall be invited for the export levy levy provided for in the first indent of Article 2 ( 1 ) of provided for in the first indent of Article 2 ( 1 ) of Regu­ Regulation (EEC) No 2747/75 and/or for the export lation (EEC) No 2747/75 and/or the export refund refund provided for in Article 5 of Regulation (EEC) provided for in Article 2 of Regulation (EEC) No No 2746/75, whereas there is demand for common 2746/75 . wheat on certain specific markets ; whereas, in order to ensure supply, the invitation to tender for export should be limited to Zone IV ; 2. The invitation to tender shall relate to common wheat for export to the countries of Zone IV as Whereas the detailed procedural rules governing invi­ defined in Annex I to Regulation (EEC) No 1124/77. tations to tender are, as regards the fixing of the export levy, laid down in Commission Regulation 3 . The invitation shall remain open until 30 June (EEC) No 3130/73 (6), as amended by Regulations 1982. During this period weekly awards shall be (EEC) No 278 /75 (7) and (EEC) No 771 /75(8), and, as made , for which the time limits for the submission of regards the fixing of the export refund, in Commis­ tenders shall be as prescribed in the notice of invita­ sion Regulation (EEC) No 279/75 (9), as amended by tion to tender . Regulation (EEC) No 2944/78 (10) ; whereas the commitments on the part of the tenderer include an obligation to lodge an application for an export Article 2 licence ; whereas compliance with this obligation may be ensured by requiring tenderers to lodge a tendering A tender shall be valid only if it relates to an amount of not less than 1 000 tonnes . (i) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 291 , 19 . 11 . 1979 , p. 17. 3) OJ No L 281 , 1 . 11 . 1975, p. 82. <) OJ No L 303 , 28 . 11 . 1977, p . 1 . Article 3 5) OJ No L 281 , 1 . 11 . 1975, p . 78 . ') OJ No L 319 , 20 . 11 . 1973 , p. 10 . 7) OJ No L 31 , 5 . 2. 1975, p . 7 . The security referred to in Article 3 of Regulation ») OJ No L 77, 26 . 3 . 1975, p. 13 . 9) OJ No L 31 , 5 . 2. 1975, p. 8 . (EEC) No 3130/73 and in Article 3 of Regulation (10) OJ No L 351 , 15. 12. 1978 , p. 16. (EEC) No 279/75 shall be 12 ECU per tonne.

No L 159/ 14 Official Journal of the European Communities 17 . 6 . 81

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 31 83/80 (1), export licences issued under Article 8 ( 1 ) of Regulation (EEC) No 3130/73 or under Where a minimum export levy is fixed, a contract Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, for shall be awarded to any tenderer whose tender indi­ the purpose of determining their period of validity, be cates a rate of levy equal to or greater than such deemed to have been issued on the day on which the minimum export levy. tender was submitted.

2. Export licences issued in connexion with the Article 6 invitation to tender pursuant to this Regulation shall Tenders submitted must reach the Commission be valid from their date of issue as defined in para­ graph 1 , until the end of the fourth month following through the intermediary of Member States at the that of issue . latest one and a half hours after expiry of the period for the weekly submission of tenders as specified in Article 5 the notice of invitation to tender. They must be communicated 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 ; — to fix a maximum export refund, taking account in Article 7 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, 16 June 1981 .

For the Commission

The President

Gaston THORN

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

17 . 6 . 81 Official Journal of the European Communities No L 159/ 15

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

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

1 2 3 4 5 etc.

II

1 2 3

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

1 2 3 4 5 etc.