Commission Regulation (EC) No 1948/2002 of 31 October 2002 amending Regulation (EEC) No 584/75 laying down detailed rules for the application of the system of tendering for export refunds on rice
Date: 2002-10-31
Institutions: European Commission
Subjects: award of contract, export refund, rice

L 299/18

EN

Official Journal of the European Communities

1.11.2002

COMMISSION REGULATION (EC) No 1948/2002
of 31 October 2002
amending Regulation (EEC) No 584/75 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
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 Regulation (EC) No 411/2002 (2),
and in particular Article 13(15) thereof,

Whereas:

(1)

Experience gained during preceding marketing years has
shown that amendments should be made to 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).

(2) While maintaining anonymity, tenderers should be iden-
tified by a number in order to see which ones have
submitted more than one tender and at what levels.

In order that the management of quantities awarded is
more exact provision should be made for a coefficient
for the award of quantities for tenders submitted at the
level of the maximum refund, while allowing operators
to fix a minimum quantity awarded below which their
tenders will be considered not to have been submitted.

(3)

(4)

(e) in situations where the Commission fixes a coefficient
for the award of quantities tendered in accordance with
Article 5, a minimum quantity such that, if the quantity
awarded falls short of the minimum quantity the tender
shall be deemed not to have been submitted.’;

2. Article 4(2) is replaced by the following:

‘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.’;

3.

in Article 5(2), the following sentence is added:

‘In the case of
the
tenders submitted at
maximum refund, the fixing of the latter may be accompa-
nied by the fixing of a coefficient for the award of the quan-
tities tendered. This latter fixing shall be adopted in accor-
dance with the procedure referred to in paragraph 1.’;

the level of

4.

in Article 7, the following is inserted:

‘(c) the tender is considered not to have been submitted

pursuant to Article 2;

The Management Committee for Cereals has not deliv-
ered an opinion within the time limit laid down by its
chairman,

(d) the Commission shall

fix an award coefficient. The
amount released shall correspond to the quantity not
accepted.’

HAS ADOPTED THIS REGULATION:

Article 1

Article 2

Regulation (EEC) No 584/75 is hereby amended as follows:
1.

in Article 2(2), the following is added:
‘and as appropriate

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, 31 October 2002.

For the Commission
Franz FISCHLER
Member of the Commission

(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.