Commission Regulation (EC) No 1876/2003 of 24 October 2003 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: 2003-10-24
Institutions: European Commission
Subjects: award of contract, export refund, rice, third country

25.10.2003

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Official Journal of the European Union

L 275/17

COMMISSION REGULATION (EC) No 1876/2003

of 24 October 2003

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,

Whereas:

(1)

(2)

(3)

Examination of the balance sheet shows that exportable
amounts of rice are currently held by producers. This
the normal development of
situation could affect
producer prices during the marketing year 2003/04.

In order to remedy this situation,
it is appropriate to
grant export refunds in respect of zones which may be
supplied by the Community. The particular circum-
stances 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 amount of the export
refund 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 1948/2002 (4), apply to this invi-
tation to tender.

(4) With a view to sound market management, the tender
should be limited to certain zones listed in the Annex to
Commission Regulation (EEC) No 2145/92/94 (5), as
amended by Regulation (EC) No 3304/94 (6), while some
destinations should be excluded.

(5)

Under 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 816/2003 (8), the 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

(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 299, 1.11.2002, p. 18.
(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 116, 13.5.2003, p. 12.

for the submission of tenders. Paragraphs 3 and 4 of that
Article
to
advances and securities.

specify the operative

applicable

events

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

1.
An invitation to tender is hereby 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 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 the Cooperative Republic
of Guyana, Madagascar, the Republic of Suriname, the Nether-
lands 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 17 June
2004. During that period regular invitations to tender shall be
issued and the date for submission of tenders shall be set down
in the notice of invitation to tender.

3.
The invitation to tender shall take place in accordance
with 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

1.
Notwithstanding Article 23(1) of Commission Regulation
(EC) No 1291/2000 (9), export licences issued under 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.

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

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Official Journal of the European Union

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The licences shall be valid from their date of issue, within
2.
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 the 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 above subparagraph.

— 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 regular
invitation to tender shall expire on 6 November 2003 at 10
a.m.

The time set for submitting tenders shall be Belgian time.

Article 6

The final date for submission of tenders is hereby fixed at 17
June 2004.

Article 7

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

Article 9

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

This Regulation shall enter
into force on the third day
following its publication in the Official Journal of the European
Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 October 2003.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Union

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ANNEX