Commission Regulation (EC) No 1896/2002 of 24 October 2002 opening an invitation to tender for the refund on export of wholly milled round-grain 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 1896/2002

of 24 October 2002

opening an invitation to tender for the refund on export of wholly milled round-grain rice to
certain third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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

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,

Whereas:

(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 rectify 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 quantities of
rice benefiting from refunds, and therefore to apply
Article 13 of Regulation (EC) No 3072/95 enabling the
amount of refund to be fixed by tendering procedure.

It should be stated that 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), applies to this invitation 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-

(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.

HAS ADOPTED THIS REGULATION:

Article 1

1.
An invitation to tender is opened for the refund on
export of wholly milled round-grain rice falling within CN
codes 1006 30 61 and 1006 30 92, 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.

The invitation to tender shall be open until 26 June
2.
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 Regulation (EEC) No 584/75 and 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.

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Article 4

Article 7

1.
Notwithstanding Article 23(1) of Commission Regulation
(EC) No 1291/2000 (1), export licences issued within this invita-
tion 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.

Article 5

Tenders submitted must reach the Commission through the
Member States not later than one and a half hours after expiry
of the time limit 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 time limit as that
given in the preceding paragraph.

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:

— 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,

— or not to take any action on the tenders.

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 time limit for submission of tenders for the first partial
invitation to tender shall be 7 November 2002 at 10 a.m.

The final date for submission of tenders shall be 26 June 2003.

Article 9

The time set for submitting tenders shall be Belgian time.

Article 6

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

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

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ANNEX