1975R0584 — EN — 22.02.1995 — 004.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B REGULATION (EEC)No 584/75 OF THE COMMISSION
of 6 March 1975
laying down detailed rules for the application of the system of tendering for export refunds on rice
(OJ L 61, 7.3.1975, p. 25)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 3491/80 of 30 December 1980 L 365 15 31.12.1980
►M2 Commission Regulation (EEC) No 379/89 of 15 February 1989 L 44 22 16.2.1989
►M3 Commission Regulation (EEC) No 409/90 of 16 February 1990 L 43 21 17.2.1990
►M4 Commission Regulation (EC) No 299/95 of 14 February 1995 L 35 8 15.2.1995
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).
▼B
REGULATION (EEC)No 584/75 OF THE COMMISSION
of 6 March 1975
laying down detailed rules for the application of the system of
tendering for export refunds on rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community;
Having regard to Council Regulation No 359/67/EEC (1) of 25 July 1967
on the common organization of the market in rice, as last amended byRegulation (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 rice and criteriafor 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 Regulation No 366/67/EEC provides that export
refunds may in appropriate cases be fixed by means of an invitation to
tender 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
invitation to tender is to permit better management of the market;whereas to this end it is essential that tenders include the informationnecessary for their 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 on thetenders;
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 in this Regulation are in accordance
with the Opinion of the Management Committee for Cereals,1975R0584 — EN — 22.02.1995 — 004.001 — 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.
▼B
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 in accordance with the
procedure laid down in Article 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 the
Community 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 which
such 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. ►
M3Between publication of the invitation to tender and
the first date fixed for submission of tenders, a period of at least 10 daysmust 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 the
Official Journal of the European Communities .
Article 1a
The invitation to tender may be limited to exports to particular countries
or zones. In this case, the licence application and the licence itself shallbear; in space 13, an indication of the countries or zones of destinationreferred to in the Regulation opening the invitation to tender. Thelicence shall carry an obligation to export to the said destination.
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.
3. A tender shall be valid only if:
(a) before expiry of the time limit for the submission of tenders proof is
furnished that the tenderer has lodged the security required for theinvitation to tender;
(b) it is accompanied by a written undertaking to lodge, within two days
following receipt of notification pursuant to Article 6 of the award ofa contract, an application for an export licence in respect of the1975R0584 — EN — 22.02.1995 — 004.001 — 3
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼M4
▼B
▼M2
▼B
▼B
quantity awarded, together with an application for advance fixing 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 tenderer may lodge the security either in cash or in the form of
a guarantee given by an establishment complying with criteria laid downby the relevant Member State.
Each Member State shall notify the Commission of the criteria
prescribed by it for the purposes of the preceding subparagraph and
the Commission shall in turn inform 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 examination
shall be under an obligation not to disclose any particulars relatingthereto.
2. The tenders shall be communicated in an anonymous form and
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 casemay 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.
Article 6
The competent authority of the Member State concerned shall, as soon
as the Commission has reached a decision under 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
in Article 12 of Commission Regulation (EEC) No 891/89 (
1) has
been lodged.1975R0584 — EN — 22.02.1995 — 004.001 — 4
(1) OJ No L 94, 7. 4. 1989, p. 13.▼M4
▼B
▼M1
▼B
▼M4
▼M4
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 in Article 2 (3) (b) within the prescribed time limit, the export licenceshall be issued for the quantities in respect of which his tender has beenaccepted. The prescribed time limits may be extended in cases of force
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
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1975R0584 — EN — 22.02.1995 — 004.001 — 5
▼M1
▼B