31982R0856

15 . 4. 82 Official Journal of the European Communities No L 99/ 17

COMMISSION REGULATION (EEC) No 856/82 of 13 April 1982 opening an invitation to tender for the levy and/or refund for the export of common wheat to Poland

THE COMMISSION OF THE EUROPEAN (EEC) No 279/75 (9), as amended by Regulation (EEC) COMMUNITIES, No 2944/78 (10) ; whereas the commitments on the part of the tenderer include an obligation to lodge an Having regard to the Treaty establishing the European application for an export licence ; whereas compliance Economic Community, with this obligation may be ensured by requiring tenderers to lodge a tendering security of 12 ECU per Having regard to Council Regulation (EEC) No tonne when they submit their tenders ; 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 equal treatment to all Regulation (EEC) No 3808/81 (2), 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 2747/75 of 29 October 1975 laying down general rules to be applied in the event of the cereals market being Whereas, in order to ensure the smooth operation of disturbed (3), as last amended by Regulation (EEC) No the tendering procedure, it is appropriate to prescribe 2560/77 (4), and in particular Article 2 (1 ) thereof, a minimum quantity to be tendered for and a time limit and form for the communication of tenders Having regard to Council Regulation (EEC) No submitted to the competent authorities ; 2746/75 of 29 October 1975 laying down general rules for granting export refunds on cereals and criteria for Whereas the measures provided for in this Regulation fixing the amount of such refunds (*), and in particular are in accordance with the opinion of the Management Article 5 thereof, Committee for Cereals,

Whereas the Council agreed at its meeting on 1 April 1982 in Brussels, that steps should be taken to facili­ tate the purchase by Poland of certain agricultural HAS ADOPTED THIS REGULATION : products of the Community ; whereas in view of the available supplies of Community cereals it is possible to put at the disposal of Poland some 1 60 000 tonnes of common wheat ; Article 1

Whereas, in view of the current situation on the cereals market, an invitation to tender should be 1 . Tenders shall be invited for the export levy provided for in the first indent of Article 2 (1 ) of opened in respect of common wheat for the export Regulation (EEC) No 2747/75 and/or the export levy 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) No 2746/75 ; whereas there is demand for barley on 2. The invitation to tender shall relate to common certain specific markets ; whereas, in order to ensure wheat for export to Poland. supply, the invitation to tender for export should be limited to exports to Poland ; 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, tations to tender are, as regards the fixing of the export for which the time limits for the submission of tenders levy, laid down in Commission Regulation (EEC) No shall be as prescribed in the notice of invitation to 3130/73 (*), as amended by Regulations (EEC) No tender. 278/75 f) and (EEC) No 771 /75 (8) and, as regards the fixing of the export refund, in Commission Regulation Article 2 (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 382, 31 . 12. 1981 , p. 37. (3) OJ No L 281 , 1 . 11 . 1975, p. 82. 1 . A tender shall be valid only if it relates to an (4) OJ No L 303, 28 . 11 . 1977, p. 1 . amount of not less than 1 000 tonnes. (0 OJ No L 281 , 1 . 11 . 1975, p. 78 . («) OJ No L 319, 20. 11 . 1973, p. 10. 0 OJ No L 31 , 5. 2. 1975, p. 7. 0 OJ No L 31 , 5. 2. 1975, p. 8 . (8) OJ No L 77, 26. 3 . 1975, p. 13 . (10) OJ No L 351 , 15. 12. 1978 , p. 16.

No L 99/ 18 Official Journal of the European Communities 15 . 4. 82

2. Tenders shall be valid only if they are accompa­ — to fix a minimum export levy, taking account in nied by the proof of an undertaking to purchase by particular of the criteria laid down in Article 3 (1 ) the Polish authorities covering the invitation to tender (b) and (d) of Regulation (EEC) No 2747/75, or in question and a given quantity. — to make no award.

Article 3 2. Where a maximum export refund is fixed, a contract shall be awarded to any tenderer whose tender The security referred to in Article 3 of Regulation indicates a rate of refund equal to or less than such (EEC) No 3130/73 and in Article 3 of Regulation maximum export refund and to any tenderer who has EEC) No 279/75 shall be 12 ECU per tonne. tendered for an export levy.

Where a minimum export levy is fixed, a contract Article 4 shall be awarded to any tenderer whose tender indi­ cates a rate of levy equal to or greater than such 1 . Notwithstanding Article 21 (1 ) of Regulation minimum export levy. (EEC) No 3183/80 ('), export licences issued under Article 8 (1 ) of Regulation (EEC) No 3130/73 or under Article 6 Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall for the purpose of determining their period of validity, be Tenders submitted must reach the Commission deemed to have been issued on the day on which the through the intermediary of Member States, at the tender was submitted. latest, one and a half hours after expiry of the period for the weekly submission of tenders as specified in 2. Export licences issued in connection with the the notice of invitation to tender. They must be invitation to tender pursuant to this Regulation shall communicated in the form indicated in the Annex. be valid from their date of issue, as defined in para­ graph 1 , until the end of the second month following If no tenders are received, Member States shall inform that of issue. the Commission of this within the time limit indi­ cated in the preceding paragraph. Article 5 Article 7 1 . Notwithstanding Article 5 of Regulation (EEC) The time limits fixed for the submission of tenders No 3130/73 and Article 5 of Regulation (EEC) No shall correspond to Belgian time. 279/75, the Commission shall decide, under the procedure laid down in Article 26 of Regulation (EEC) No 2727/75 : Article 8

— to fix a maximum export refund, taking account in This Regulation shall enter into force on the day particular of the criteria laid down in Articles 2 following its publication in the Official Journal of the and 3 of Regulation (EEC) No 2746/75, or European Communities.

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

Done at Brussels, 13 April 1982.

For the Commission Poul DALSAGER Member of the Commission

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

15 . 4. 82 Official Journal of the European Communities No L 99 / 19

ANNEX

Weekly tender for the levy/refund for the export of common wheat to Poland

(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

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

1 2 3 4 5 etc .