31981R1604

No L 159 / 16 Official Journal of the European Communities 17 . 6 . 81

COMMISSION REGULATION (EEC) No 1604/81 of 16 June 1981 opening an invitation to tender for the levy and/or refund for the export of common wheat to countries in Zones I , Ila, III , V, VI , VII and the German Democratic Republic

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 valididity of the licences issued should be Having regard to the Treaty establishing the European identical ; whereas, however, a special period of validity Economic Community, should be laid down for exports to the People's Having regard to Council Regulation (EEC) No Republic of China ; 2727/75 of 29 October 1975 on the common organi­ zation of the market in cereals ('), 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 rules submitted to the competent authorities ; to be applied in the event of the cereals market being disturbed (3), as last amended by Regulation (EEC) No Whereas the measures provided for in this Regulation 2560/77 (4), and in particular Article 2 ( 1 ) thereof, are in accordance with the opinion of the Management Committee for Cereals, Having regard to Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules HAS ADOPTED THIS REGULATION : for granting export refunds on cereals and criteria for fixng the amount of such refunds (% and in particular Article 5 thereof, Article 1 Whereas, in view of the current situation on the 1 . Tenders shall be invited for the export levy cereals market, an invitation should be opened in provided for in the first indent of Article 2 ( 1 ) of respect of common wheat to tender for the export levy Regulation (EEC) No 2747/75 and/or the export provided for in the first indent of Article 2 ( 1 ) of refund provided for in Article 5 of Regulation (EEC) Regulation (EEC) No 2747/75 and/or for the export No 2746/ 75 . refund provided for in Article 5 of Regulation (EEC) 2. The invitation to tender shall relate to common No 2746/75 ; whereas, in order to ensure supply, the wheat for export to the countries of Zones I, Ila, III , V, invitation to tender for export should be limited to Zones I , Ha, III , V, VI, VII and the German Demo­ VI, VII and the German Democratic Republic. cratic Republic ; 3 . The invitation shall remain open until 30 June Whereas the detailed procedural rules governing invi­ 1982. During this period weekly awards shall be made, for which the time limits for the submission of tenders tations to tender are, as regards the fixing of the export levy, laid down in Commission Regulation (EEC) No shall be as prescribed in the notice of invitation to tender. 3130/73 (6), as amended by Regulations (EEC) No 278/75 0 and (EEC) No 771 /75 (8), and, as regards the fixing of the export refund, in Commission Regulation Article 2 (EEC) No 279/75 (9), as amended by Regulation (EEC) A tender shall be valid only if it relates to an amount No 2944/78 (10) ; whereas the commitments on the of not less than 1 000 tonnes . part of the tenderer include an obligation to lodge an application for an export licence ; whereas compliance Article 3 with this obligation may be ensured by requiring tenderers to lodge a tendering security of 12 ECU per The security referred to in Article 3 of Regulation tonne when they submit their tenders ; (EEC) No 3130/73 and in Article 3 of Regulation EEC) No 279/75 shall be 12 ECU per tonne. (') OJ No L 281 , 1 . 11 . 1975, p . 1 . (2) OJ No L 291 , 19 . 11 . 1979, p. 17. Article 4 (3) OJ No L 281 , 1 . 11 . 1975, p. 82. (4) OJ No L 303 , 28 . 11 . 1977, p . 1 . 1 . Notwithstanding Article 21 ( 1 ) of Regulation 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . (6) OJ No L 319, 20 . 11 . 1973, p . 10 . (EEC) No 3183 /80 ("), export licences issued under 0 OJ No L 31 , 5. 2. 1975, p. 7. Article 8 ( 1 ) of Regulation (EEC) No 3130 /73 or under (8) OJ No L 77, 26 . 3 . 1975, p. 13 . 0 OJ No L 31 , 5. 2. 1975, p. 8 . ,0) OJ No L 351 , 15. 12. 1978 , p . 16. (") OJ No L 388 , 13 . 12. 1980 , p . 1 .

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

Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, for Where the licence is used after the date given in space the purpose of determining their period of validity, be 19, it shall carry the obligation to export to the deemed to have been issued on the day on which the People's Republic of China. tender was submitted. Article 5 2. Export licences issued in connexion with the 1 . Notwithstanding Article 5 of Regulation (EEC) invitation to tender pursuant to this Regulation shall No 3130/73 and Article 5 of Regulation (EEC) No be valid from their date of issue, as defined in para­ 279/75, the Commission shall decide, under the graph 1 , until the end of the fourth month following procedure laid down in Article 26 of Regulation (EEC) that of issue . No 2727/75 : However, for exports to the People's Republic of — to fix a maximum export refund, taking account in China, licences shall be valid from their date of issue particular of the criteria laid down in Articles 2 as defined in paragraph 1 until the end of the sixth and 3 of Regulation (EEC) No 2746/75, or month following. — to fix a minimum export levy, taking account in particular of the criteria laid down in Article 3 ( 1 ) 3. For the purposes of applying paragraph 2, (b) and (d) of Regulation (EEC) No 2747/75, or licences issued in connexion with this invitation to — to make no award. tender shall bear, in space 19, a statement of the last day of validity calculated in accordance with the provi­ 2. Where a maximum export refund is fixed, a sions of the first subparagraph of paragraph 2. They contract shall be awarded to any tenderer whose tender shall also bear, in space 18 , a statement of the last day indicates a rate of refund equal to or less than such of validity calculated in accordance with the provisions maximum export refund and to any tenderer who has of the second subparagraph of paragraph 2 ; for this tendered for an export levy. purpose, one of the following statements shall be Where a minimum export levy is fixed, a contract entered in space 18 : shall be awarded to any tenderer whose tender indi­ cates a rate of levy equal to or greater than such 'In case of export to the People's Republic of China, minimum export levy. last day of validity : — Regulation (EEC) No 1604/81 . Article 6 'Sidste gyldighedsdag ved udførsel til Den kinesiske Tenders submitted must reach the Commission Folkerepublik : — Forordning (EØF) nr. through the intermediary Member States at the latest 1604/81 . one and a half hours after expiry of the period for the 'En cas d exportation vers la République populaire de weekly submission of tenders as specified in the notice Chine, dernier jour de validité : — Règlement of invitation to tender. They must be communicated (CEE) n° 1604/81 .' in the form indicated in the Annex. 'Letzter Gültigkeitstag bei Ausfuhr in die Volksrepu­ If no tenders are received, Member States shall inform blik China : — Verordnung (EWG) Nr. the Commission of this within the time limit indi­ 1604/81 . cated in the proceding paragraph. 'In caso di esportazione verso la Repubblica popolare Article 7 di Cina, ultimo giorno di validità : — Regola­ mento (CEE) n. 1604/81 .' The time limits fixed for the submission of tenders 'In geval van uitvoer naar de Volksrepubliek China shall correspond to Belgian time. laatste geldigheidsdag : — Verordening (EEG) nr. 1604/81 . Article 8 'Σέ περίπτωση εξαγωγής προς τη Ααϊ'κή Δημοκρα­ This Regulation shall enter into force on the day τία της Κίνας τελευταία ήμέρα της ισχύος : following its publication in the Official Journal of the — KavoviCT(i6c (EOK) dpiO. 1604/81 • 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

No L 159/ 18 Official Journal of the European Communities 17. 6 . 81

ANNEX

Weekly tender for the levy/refund for the export of common wheat to countries of Zones I, lia, III, V, VI, VII and the German Democratic Republic

(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.