Commission Regulation (EC) No 1897/2002 of 24 October 2002 opening an invitation to tender for the refund on export of wholly milled, medium-grain and long-grain A rice to certain third countries
Date: 2002-10-24
Institutions: European Commission
Subjects: award of contract, export refund, rice, third country

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COMMISSION REGULATION (EC) No 1897/2002

of 24 October 2002

opening an invitation to tender for the refund on export of wholly milled, medium-grain and long-
grain A rice to certain third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 3072/95 of 22
December 1995 on the common organisation of the market in
rice (1), as last amended by Commission Regulation (EC) No
411/2002 (2), and in particular Article 13(3) thereof,

(6)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1)

(2)

(3)

(4)

(5)

Examination of the balance sheet shows that exportable
amounts of rice are currently held by producers. This
situation could affect
the normal development of
producer prices during the 2002/2003 marketing year.

In order to remedy this situation,
it is appropriate to
make use of export refunds to zones which may be
supplied by the Community. The special situation of the
rice market makes it necessary to limit the refunds, and
therefore to apply Article 13 of Regulation (EC) No
3072/95 enabling the refund amount to be fixed by
tendering procedure.

It should be stated that the provisions of Commission
Regulation (EEC) No 584/75 of 6 March 1975 laying
down detailed rules for the application of the system of
tendering for export refunds on rice (3), as last amended
by Regulation (EC) No 299/95 (4), apply to this invita-
tion to tender.

For the sake of sound management of the markets, the
invitation to tender should be limited to certain zones
listed in the Annex to Commission Regulation (EEC) No
2145/92 (5), as amended by Regulation (EC) No 3304/
94 (6), and certain destinations excluded.

Pursuant to Article 14 of Commission Regulation (EC)
No 2808/98 of 22 December 1998 laying down detailed
rules for the application of the agrimonetary system for
the euro in agriculture (7), as last amended by Regulation
(EC) No 2452/2000 (8), amounts quoted in tenders
submitted in response to invitations to tender organised
under an instrument forming part of the common agri-
cultural policy must be expressed in euro. Article 5(1) of
that Regulation provides that in such cases the operative
event for the agricultural exchange rate is the final day
for the submission of tenders. Paragraphs 3 and 4 of that
Article
to
advances and securities.

specify the operative

applicable

events

(1) OJ L 329, 30.12.1995, p. 18.
(2) OJ L 62, 5.3.2002, p. 27.
(3) OJ L 61, 7.3.1975, p. 25.
(4) OJ L 35, 15.2.1995, p. 8.
(5) OJ L 214, 30.7.1992, p. 20.
(6) OJ L 341, 30.12.1994, p. 48.
(7) OJ L 349, 24.12.1998, p. 36.
(8) OJ L 282, 8.11.2000, p. 9.

1.
An invitation to tender is opened for the refund on
export of wholly milled, medium-grain and long-grain A rice
falling within CN codes 1006 30 63, 1006 30 65, 1006 30 94
and 1006 30 96, as referred to in Article 13 of Regulation (EC)
No 3072/95, for Zones I to VI (except for Hungary, Romania
and Turkey) and for Zone VIII (except for Guyana, Madagascar,
Suriname, the Netherlands Antilles, Aruba and the Turks and
Caicos Islands), as specified in the Annex to Regulation (EEC)
No 2145/92.

2.
The invitation to tender shall be open until 26 June
2003. During that period weekly invitations to tender shall be
issued and the date for submission of tenders shall be deter-
mined in the notice of invitation to tender.

3.
The invitation to tender shall take place in accordance
with the provisions of Regulation (EEC) No 584/75 and with
the following provisions.

Article 2

A tender shall be admissible only if it covers a quantity for
export of at least 50 tonnes but not more than 3 000 tonnes.

Article 3

The security referred to in Article 3 of Regulation (EEC) No
584/75 shall be EUR 30 per tonne.

Article 4

Notwithstanding the provisions of Article 23(1) of
1.
Commission Regulation (EC) No 1291/2000 (9), export licences
issued within this invitation to tender shall, for the purposes of
determining their period of validity, be considered as having
been issued on the day the tender was submitted.

2.
The licences shall be valid from their date of issue, within
the meaning of paragraph 1, until the end of the fourth month
following.

(9) OJ L 152, 24.6.2000, p. 1.

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Article 5

— or not to take any action on the tenders.

Tenders submitted must reach the Commission through the
Member States not later than one and a half hours after expiry
of the deadline for weekly submission of tenders as laid down
in the notice of invitation to tender. They must be transmitted
in accordance with the table given in the Annex.

If no tenders are submitted, the Member States shall inform the
Commission accordingly within the same deadline as that given
in the above subparagraph.

The time set for submitting tenders shall be Belgian time.

Article 6

Article 7

1.
On the basis of tenders submitted, the Commission shall
decide in accordance with the procedure referred to in Article
22 of Regulation (EC) No 3072/95:

2. Where a maximum export refund is fixed, an award shall
be made to the tenderer or tenderers whose tenders are at or
below the maximum export refund level.

Article 8

The deadline for submission of tenders for the first partial invi-
tation to tender shall be 10 a.m. on 7 November 2002.

The final date for submission of tenders is hereby fixed at 26
June 2003.

Article 9

— either to fix a maximum export refund, taking account in
particular of the criteria laid down in Article 13 of Regula-
tion (EC) No 3072/95,

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.

Done at Brussels, 24 October 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX