31984R1447

No L 140/ 12 26. 5. 84 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1447/84 of 25 May 1984 opening an invitation to tender for die levy and/or refund for the export of common wheat to countries of zones I, II a), III, IV a) and b), V, VI, VII, the German Democratic Republic and the Iberian Peninsula

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 that all those concerned Economic Community, are treated equally, it is necessary to lay down that the period of validity of the licences issued should be Having regard to Council Regulation (EEC) No identical ; whereas, however, a special period of validity 2727/75 of 29 October 1975 on the common organi­ should be laid down for exports to the People's zation of the market in cereals ('), as last amended by Republic of China ; Regulation (EEC) No 1451 /82 (2), Having regard to Council Regulation (EEC) No Whereas, in order to ensure the smooth operation of 2747/75 of 29 October 1975 laying down general rules the tendering procedure, it is appropriate to prescribe a minimum quantity to be tendered for and a time to be applied in the event of the cereals market being limit and form for the communication of tenders disturbed (3), as last amended by Regulation (EEC) No submitted to the competent authorities ; 2560/77 (4), and in particular Article 2 ( 1 ) thereof,

Having regard to Council Regulation (EEC) No Whereas, the measures provided for in this Regulation 2746/75 of 29 October 1975 laying down general rules are in accordance with the opinion of the Management for granting export refunds on cereals and criteria for Committee for Cereals, fixing the amount of such refunds (*), and in particular Article 5 thereof, HAS ADOPTED THIS REGULATION : Whereas, in view of the current situation on the cereals market, an invitation should be opened in respect of common wheat to tender for the export levy Article 1 provided for in the first indent of Article 2 ( 1 ) of Regulation (EEC) No 2747/75 and/or for the export 1 . Tenders shall be invited for the export levy refund provided for in Article 5 of Regulation (EEC) provided for in the first indent of Article 2 ( 1 ) of No 2746/75 ; whereas, in order to ensure supply, the Regulation (EEC) No 2747/75 and/or the export invitation to tender for export should be limited to refund provided for in Article 5 of Regulation (EEC) zones I, II a), III, IV a) and b), V, VI, VII, the German No 2746/75. Democratic Republic and the Iberian Peninsula ; 2. The invitation to tender shall relate to common Whereas the detailed procedural rules governing wheat for export to the countries of zones I, II a), III, invitations to tender are, as regards the fixing of the IV a) and b), V, VI, VII, the German Democratic export levy, laid down in Commission Regulation Republic and the Iberian Peninsula. (EEC) No 3130/73 (6), as amended by Regulations (EEC) No 278/75Q and (EEC) No 771 /75 (8), and, as 3. The invitation shall remain open until 30 May regards the fixing of the export refund, in Commission 1985. During this period weekly awards shall be made, Regulation (EEC) No 279/75 ('), as amended by Regu­ for which the quantities and the time limits for the lation (EEC) No 2944/78 (10) ; whereas the commit­ submission of tenders shall be as prescribed in the ments on the part of the tenderer include an obliga­ notice of invitation to tender. tion to lodge an application for an export licence ; whereas compliance with this obligation may be ensured by requiring tenderers to lodge a tendering Article 2

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 . 0 OJ No L 281 , 1 . 11 . 1975, p. 82. (4) OJ No L 303, 28 . 11 . 1977, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . Article 3 (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 (») OJ No L 77, 26. 3. 1975, p. 13 . 0 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.

26. 5 . «4 No L 140/ 13 Official Journal of the European Communities

Article 4 — In geval van uitvoer naar de Volksrepubliek China, laatste geldigheidsdag : Verordening (EEG) nr. 1447/84. 1 . Notwithstanding Article 21 ( 1 ) of Regulation where the licence is used after the date given in space (EEC) No 3183/80 ('), export licences issued under 19, it shall carry the obligation to export to the Article 8 ( 1 ) of Regulation (EEC) No 3130/73 or under People's Republic of China. Article 8 (1 ) of Regulation (EEC) No 279/75 shall, for the purpose of determining their period of validity, be deemed to have been issued on the day on which the Article 5 tender was submitted.

1 . Notwithstanding Article 5 of Regulation (EEC) No 3130/73 and Article 5 of Regulation (EEC) No 2. Export licences issued in connection with the 279/75, the Commission shall decide, under the invitation to tender pursuant to this Regulation shall procedure laid down in Article 26 of Regulation (EEC) be valid from their date of issue, as defined in para­ No 2727/75 : graph 1 , until the end of the fourth month following that of issue . — to fix a maximum export refund, taking account in particular of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2746/75, or However, for exports to the People s Republic of — to fix a minimum export levy, taking account in China, licences shall be valid from their date of issue particular of the criteria laid down in Article 3 ( 1 ) as defined in paragraph 1 until the end of the sixth (b) and (d) of Regulation (EEC) No 2747/75, or month following. — to make no award .

2. Where a maximum export refund is fixed, a 3. For the purposes of applying paragraph 2, contract shall be awarded to any tenderer whose tender licences issued in connection with this invitation to indicates a rate of refund equal to or less than such tender shall bear, in space 19, a statement of the last maximum export refund and to any tenderer who has day of validity calculated in accordance with the provi­ tendered for an export levy. sions of the first subparagraph of paragraph 2. They shall also bear, in space 18 , a statement of the last day Where a minimum export levy is fixed, a contract of validity calculated in accordance with the provisions shall be awarded to any tenderer whose tender indi­ of the second subparagraph of paragraph 2 ; for this cates a rate of levy equal to or greater than such purpose, one of the following statements shall be minimum export levy. entered in space 18 :

Article 6 — 'In case of export to the People's Republic of China, last day of validity : , Regulation Tenders submitted must reach the Commission (EEC) No 1447/84.' through the intermediary Member States, at the latest one and a half hours after expiry of the period for the — 'Sidste gyldighedsdag ved udførsel til Den kine­ weekly submission of tenders as specified in the notice siske Folkerepublik : , Forordning (EØF) nr. of invitation to tender. They must be communicated 1447/84.' in the form indicated in the Annex. — 'Letzter Gültigkeitstag bei Ausfuhr in die Volks­ If no tenders are received, Member States shall inform republik China : , Verordnung (EWG) Nr. the Commission of this within the time limit indi­ 1447/ 84.' cated in the preceding paragraph. — 'Σε περίπτωση εξαγωγής προς τη Λαϊκή Δημο­ κρατία της Κίνας, τελευταία ημέρα ισχύος : Article 7 , Κανονισμός ( ΕΟΚ) αριθ. 1447/84.'

— 'En cas d exportation vers la république populaire The time limits fixed for the submission of tenders de Chine, dernier jour de validité : , règle­ shall correspond to Belgian time. ment (CEE) n° 1447/84.

— ' In caso di esportazione verso la Repubblica popo­ Article 8 lare di Cina, ultimo giorno di validità : Regolamento (CEE) n. 1447/84. This Regulation shall enter into force on the day following its publication in the Official Journal of the (') OJ No L 388 , 13 . 12. 1980, p. 1 . European Communities.

No L 140/ 14 26. 5 . 84 Official Journal of the 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

ANNEX

Weekly tender for the levy and/or refund for the export of common wheat to countries of zones I, II a), III, IV a) and b), V, VI, VII, the German Democratic Republic and the Iberian Peninsula

(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 ll 4 5 II

etc. \\

II

1 2 3

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

1 ||

2 ll 3 4 || 5 ||

etc. \