31984R1446

26 . 5. 84 Official Journal of the European Communities No L 140/9

COMMISSION REGULATION (EEC) No 1446/84 of 25 May 1984 opening an invitation to tender for the levy and/or refund for the export of common wheat to countries of zone IV c) and d)

THE COMMISSION OF THE EUROPEAN whereas compliance with this obligation may be COMMUNITIES, ensured by requiring tenderers to lodge a tendering security of 12 ECU per tonne when they submit their Having regard to the Treaty establishing the European tenders ; Economic Community, Whereas, in order to ensure equal treatment to all concerned, it is necessary to make provision such that Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organi­ the periods of validity of licences issued are identical ; zation of the market in cereals ('), as last amended by Whereas, in order to ensure the smooth operation of Regulation (EEC) No 1451 /82 (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 for granting export refunds on cereals and criteria for fixing the amount of such refunds (*), and in particular HAS ADOPTED THIS REGULATION : 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 levy 1 . Tenders shall be invited for the export levy provided for in the first indent of Article 2 ( 1 ) of provided for in the first indent of Article 2 ( 1 ) of Regulation (EEC) No 2747/75 and/or for the export Regulation (EEC) No 2747/75 and/or the export refund provided for in Article 5 of Regulation (EEC) refund provided for in Article 5 of Regulation (EEC) No 2746/75 ; whereas there is demand for common No 2746/75. wheat on certain specific markets ; whereas, in order to ensure supply, the invitation to tender for export 2. The invitation to tender shall relate to common should be limited to zone IV c) and d) ; wheat for export to the countries of zone IV c) and d) as defined in Annex I to Regulation (EEC) No 1124/77. Whereas the detailed procedural rules governing invitations to tender are, as regards the fixing of the export levy, laid down in Commission Regulation 3. The invitation shall remain open until 30 May (EEC) No 3130/73 (6), as amended by Regulations 1985. During this period weekly awards shall be made, for which the quantity and the time limits for the (EEC) No 278/75 0 and (EEC) No 771 /75 (8), and, as regards the fixing of the export refund, in Commission submission of tenders shall be as prescribed in the notice of invitation to tender. Regulation (EEC) No 279/75 (9), as amended by Regu­ lation (EEC) No 2944/78 (l0) ; whereas the commit­ ments on the part of the tenderer include an obliga­ Article 2 tion to lodge an application for an export licence ;

A tender shall be valid only if it relates to an amount (') OJ No L 281 , 1 . 11 . 1975, p. 1 . of not less than 1 000 tonnes. (2) OJ No L 164, 14. 6. 1982, p. 1 . (3 OJ No L 281 , 1 . 11 . 1975, p. 82. O OJ No L 303, 28 . 11 . 1977, p. 1 . Article 3 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . (6) OJ No L 319, 20 . 11 . 1973, p. 10. 0 OJ No L 31 , 5. 2. 1975, p. 7. The security referred to in Article 3 of Regulation (8) OJ No L 77, 26. 3 . 1975, p. 13 . (EEC) No 3130/73 and in Article 3 of Regulation 0 OJ No L 31 , 5. 2. 1975, p. 8 . (EEC) No 279/75 shall be 12 ECU per tonne. 0°) OJ No L 351 , 15. 12. 1978 , p. 16.

No L 140/ 10 Official Journal of the European Communities 26 . 5 . 84

Article 4 maximum export refund and to any tenderer who has tendered for an export levy. 1 . Notwithstanding Article 21 ( 1 ) of Regulation (EEC) No 3183/80 ('), export licences issued under Where a minimum export levy is fixed, a contract Article 8 ( 1 ) of Regulation (EEC) No 3130/73 or under shall be awarded to any tenderer whose tender indi­ Article 8 ( 1 ) of Regulation (EEC) No 279/75 shall, for cates a rate of levy equal to or greater than such the purpose of determining their period of validity, be minimum export levy. deemed to have been issued on the day on which the tender was submitted. Article 6 2. Export licences issued in connection with the 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 through the intermediary of Member States at the graph 1 , until the end of the fourth month following latest, one and a half hours after expiry of the period that of issue . for the weekly submission of tenders as specified in the notice of invitation to tender. They must be Article 5 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 cated in the preceding paragraph. procedure laid down in Article 26 of Regulation (EEC) No 2727/75 : — to fix a maximum export refund, taking account in Article 7 particular of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2746/75, or The time limits fixed for the submission of tenders — to fix a minimum export levy, taking account in shall correspond to Belgian time. 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 .

2. Where a maximum export refund is fixed, a This Regulation shall enter into force on the day contract shall be awarded to any tenderer whose tender following its publication in the Official Journal of the indicates a rate of refund equal to or less than such European Communities.

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

Done at Brussels, 25 May 1984.

For the Commission Poul DALSAGER Member of the Commission

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

26 . 5 . 84 No L 140/ 11 Official Journal of the European Communities

ANNEX

Weekly tender for the levy and/or refund for the export of common wheat to countries of zone IV c) and d)

(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 Il 3 \\ 4 II\ 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 .