1975R0584 — EN — 04.11.2002 — 005.001 — 1
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►B REGULATION(EEC)No584/75OFTHECOMMISSION
of6March1975
layingdowndetailedrulesfortheapplicationofthesystemoftenderingforexportrefundsonrice
(OJ L 61, 7.3.1975, p. 25)
Amended by:
Official Journal
No page date
►M1CommissionRegulation(EEC) No 3491/80 of 30 December 1980 L 365 15 31.12.1980
►M2CommissionRegulation(EEC) No 379/89 of 15 February 1989 L 44 22 16.2.1989
►M3CommissionRegulation(EEC) No 409/90 of 16 February 1990 L 43 21 17.2.1990
►M4CommissionRegulation(EC) No 299/95 of 14 February 1995 L 35 8 15.2.1995
►M5CommissionRegulation(EC) No 1948/2002 of 31 October 2002 L 299 18 1.11.2002
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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REGULATION(EEC)No584/75OFTHECOMMISSION
of6March1975
laying down detailed rules for the application of the system of
tenderingforexportrefundsonrice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity;
Having regard to Council Regulation No 359/67/EEC(
1) of 25 July
1967 onthe commonorgan izationof the market inrice, as lastamended by Regulation (EEC) No 476/75(
2);
Having regard to Council Regulation No 366/67/EEC(3) of 25 July
1967 laying down general rules for granting export refunds on riceand criteria for fixing the amount of such refunds, as last amended by
Regulation(EEC) No 478/75(
4), and in particular Article 3a (2)
thereof;
Whereas Article 3a of RegulationNo 366/67/EEC provides that export
refunds may in appropriate cases be fixed by means of an invitation totender relating to a specified quantity;
Whereas detailed rules for such a tendering procedure should be laid
down;
Whereas, in order to ensure equal treatment for all interested parties in
the Community, invitations to tender must be organized in accordancewith uniform principles; whereas to this end publication in the Official
Journal of the European Communities of a decision concerning the
opening of an invitation to tender should be accompanied by a notice
of invitation to tender;
Whereas the purpose of fixing an export refund by means of an invita-
tion to tender is to permit better management of the market; whereas to
this end it is essential that tenders include the information necessary fortheir assessment and are accompanied by certain formal undertakings;
Whereas a maximum export refund should be fixed; whereas this
method enables contracts to be awarded in respect of all the quantitiesconcerned;
Whereas there may be market situations in which it is clear from an
examination of the economic aspects of the proposed exports thatinstead of fixing a refund the Commission should take no action onthe tenders;
Whereas, in order to ensure that exportation is effected under the
licence issued for the purpose of the invitation to tender, a security
for tender should be required, such security to be forfeit if the tender
is withdrawn;
Whereas procedures should be laid down as to the communications to
tenderers of the outcome of the invitation to tender and also as to theissue of the licence necessary for the export of the quantities awarded;
Whereas the measures provided for inthis Regulationare inaccor-
dance with the Opinion of the Management Committee for Cereals,1975R0584 — EN — 04.11.2002 — 005.001 — 2
(1) OJ No 174, 31. 7. 1967, p. 1.
(2) OJ No L 52, 28. 2. 1975, p. 31.
(3) OJ No 174, 31. 7. 1967, p. 34.
(4) OJ No L 52, 28. 2. 1975, p. 34.
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HAS ADOPTED THIS REGULATION:
Article 1
1. A decision to open an invitation to tender under Article 4 (1) of
Regulation(EEC) No 1431/76 shall be adopted inaccordan ce with the
procedure laid downinArticle 27 of Regulation(EEC) No 1418/76.
Such decision shall specify the terms of the invitation to tender. Such
terms must guarantee equal access for all persons established within theCommunity and may as an exceptional measure prescribe a specialperiod of validity for export licences issued in connection with theinvitation concerned.
2. The opening of the invitation to tender shall be accompanied by a
notice of invitation to tender drawn up by the Commission. This noticeshall include inter alia the dates for the submission of tenders and
particulars of the competent authorities of the Member States to whichsuch tenders must be addressed. It may also indicate the total quantity
in respect of which a maximum export refund may be fixed under
Article 5 (1) thereof. ►
M3Betweenpublicationof the in vitationto
tender and the first date fixed for submission of tenders, a period of atleast 10 days must be allowed. ◄The notice shall also indicate the
closing date for the submission of tenders.
3. Both the decisions referred to in paragraph 1 and the notice of
invitation to tender referred to in paragraph 2 shall be published in
theOfficial Journal of the European Communities .
Article 1a
The invitation to tender may be limited to exports to particular coun-
tries or zones. In this case, the licence application and the licenceitself shall bear; in space 13, an indication of the countries or zonesof destination referred to in the Regulation opening the invitation to
tender. The licence shall carry an obligation to export to the said desti-
nation.
Article 2
1. Tenders, which shall be in writing, may either be delivered
personally to the competent authority of the Member State, or may besent to such authority by any means of written telecommunication.
2. The tender shall indicate:
(a) the invitation to which the tender relates;
(b) the name and address of the tenderer;
(c) the nature and quantity of the product to be exported;
(d) the amount of the export refund proposed per tonne in ecus;
(e) in situations where the Commission fixes a coefficient for the
award of quantities tendered in accordance with Article 5, aminimum quantity such that, if the quantity awarded falls short ofthe minimum quantity the tender shall be deemed not to have beensubmitted.1975R0584 — EN — 04.11.2002 — 005.001 — 3
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3. A tender shall be valid only if:
(a) before expiry of the time limit for the submissionof ten ders proof
is furnished that the tenderer has lodged the security required forthe invitation to tender;
(b) it is accompanied by a written undertaking to lodge, within two
days following receipt of notification pursuant to Article 6 of theaward of a contract, an application for an export licence in respectof the quantity awarded, together with an application for advancefixing of an export refund equal to that indicated in the tender.
4. A tender which is not submitted in accordance with the provisions
of this Article, or which contains terms other than those indicated in
the notice of invitation to tender, shall not be considered.
5. Once a tender has been submitted it may not be withdrawn.
Article 3
1. No tender shall be considered unless appropriate security is
lodged.
The amount of such security shall be fixed in the Regulation relating to
the opening of the relevant invitation to tender.
2. The ten derer may lodge the security either incash or inthe form
of a guarantee given by an establishment complying with criteria laiddownby the relevan t Member State.
Each Member State shall notify the Commission of the criteria
prescribed by it for the purposes of the preceding subparagraph and
the Commissionshall inturnin form the other Member States thereof.
Article 4
1. Tenders shall be examined in private session by the competent
authorities of the Member States. Persons present at the examinationshall be under an obligation not to disclose any particulars relating
thereto.
2. Tenderers shall be given an individual number for each weekly
invitation to tender. Numbers shall be assigned on a random basis and
independently on each occasion. Tenders shall be identified by their
tenderer's number and communicated without delay to the Commission.
Article 5
1. On the basis of the tenders submitted, the Commission, acting in
accordance with the procedure laid down in Article 27 of Regulation(EEC) No 1418/76, shall decide to fix a maximum export refund,having regard in particular to the criteria laid down in Articles 2 and
3 of Regulation (EEC) No 1431/76, and/or to make no award; as the
case may be.
2. If a maximum export refund is fixed, a contract shall be awarded
to any tenderer whose tender indicates a rate of refund equal to or less
thanthe maximum. ►
M5Inthe case of ten ders submitted at the level
of the maximum refund, the fixing of the latter may be accompaniedby the fixing of a coefficient for the award of the quantities tendered.This latter fixing shall be adopted in accordance with the procedurereferred to inparagraph 1. ◄1975R0584 — EN — 04.11.2002 — 005.001 — 4
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Article 6
The competent authority of the Member State concerned shall, as soon
as the Commissionhas reached a decisionun der Article 5 (1) hereof,
notify in writing all tenderers of the outcome of their participation in
the invitation to tender.
Article 7
The tendering security shall be released where:
(a) the tender has not been accepted;
(b) the successful tenderer provided proof that the security provided for
inArticle 12 of CommissionRegulation(EEC) No 891/89(1) has
beenlodged;
(c) the tender is considered not to have been submitted pursuant to
Article 2;
(d) the Commission shall fix an award coefficient. The amount
released shall correspond to the quantity not accepted.
Where the undertaking referred to in Article 2 (3) (b) is not complied
with the tendering security shall, except in cases of force majeure ,b e
forfeit.
Article 8
1. Where the tenderer lodges the export licence application referred
to inArticle 2 (3) (b) withinthe prescribed time limit, the exportlicence shall be issued for the quantities in respect of which his tender
has beenaccepted. The prescribed time limits may be exten ded incases
offorce majeure .
2. Where the undertaking referred to in Article 2 (3) (b) is not
complied with the tendering security shall, except in cases of force
majeure, be forfeit.
Article 9
This Regulation shall enter into force on the third day following its
publicationinthe Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1975R0584 — EN — 04.11.2002 — 005.001 — 5
(1) OJ No L 94, 7. 4. 1989, p. 13.▼M4
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