Commission Regulation (EC) No 2031/2004 of 26 November 2004 opening a tendering procedure for the refund on export of wholly milled round-grain, medium-grain and long-grain A rice to certain third countries
Date: 2004-11-26
Institutions: European Commission
Subjects: award of contract, export refund, rice, third country

27.11.2004

EN

Official Journal of the European Union

L 353/3

COMMISSION REGULATION (EC) No 2031/2004

of 26 November 2004

opening a tendering procedure for the refund on export of wholly milled round-grain, medium-
grain and long-grain A rice to certain third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1785/2003 of 29
September 2003 on the common organisation of the market in
rice (1), and in particular Article 14(3) thereof,

Whereas:

common agricultural 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 specify the operative events
applicable to advances and securities.

(6)

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

(1)

(2)

(3)

(4)

(5)

Examination of the supply balance shows that exportable
amounts of rice are currently held by producers. This
situation could affect
the normal development of
producer prices during the 2004/2005 marketing year.

In order to rectify this situation, it is appropriate to make
use of export refunds in respect of 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 fix the
amount of the export refund by tendering procedure.

HAS ADOPTED THIS REGULATION:

Article 1

1.
A tendering procedure is hereby opened for the refund on
export as referred to in Article 14 of Regulation (EC) No
1785/2003 for wholly milled round-grain, medium-grain and
falling within CN codes 1006 30 61,
long-grain A rice
1006 30 63,
and
1006 30 96.

1006 30 65,

1006 30 92,

1006 30 94

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 (2) applies to this tendering procedure.

The tendering procedure shall be restricted to the following
destinations:

For the sake of sound management of the markets, the
tendering procedure should be limited to certain zones
listed in the Annex to Commission Regulation (EEC) No
2145/92 (3).

(a) zones I

to VI

in the Annex to Regulation (EEC) No
2145/ 92, except
the Czech
Republic, Slovakia, Hungary, Estonia, Latvia, Lithuania,
Slovenia, Romania and Turkey;

for Malta, Cyprus, Poland,

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 (4), amounts quoted in tenders
tender
submitted
to
the
organised under an instrument

forming part of

invitations

response

to

in

(b) zone VIII in the Annex to Regulation (EEC) No 2145/92,
except for Guyana, Madagascar, Suriname, the Netherlands
Antilles, Aruba and the Turks and Caicos Islands.

(1) OJ L 270, 21.10.2003, p. 96.
(2) OJ L 61, 7.3.1975, p. 25. Regulation as last amended by Regulation

(EC) No 1948/2002 (OJ L 299, 1.11.2002, p. 18).

(3) OJ L 214, 30.7.1992, p. 20. Regulation as amended by Regulation

(EC) No 3304/94 (OJ L 341, 30.12.1994, p. 48).

(4) OJ L 349, 24.12.1998, p. 36. Regulation as last amended by Regu-

lation (EC) No 1250/2004 (OJ L 237, 8.7.2004, p. 13).

2.
The tendering procedure shall be open until 23 June
2005. 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.

L 353/4

EN

Official Journal of the European Union

27.11.2004

The tendering procedure shall take place in accordance

3.
with Regulation (EEC) No 584/75 and this Regulation.

Article 2

Tenders shall be admissible only if they cover 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 6

1.
On the basis of tenders submitted, the Commission shall
decide in accordance with the procedure referred to in Article
26(2) of Regulation (EC) No 1785/2003:

— either to fix a maximum export refund, taking account in
particular of the criteria laid down in Article 14 of Regu-
lation (EC) No 1785/2003,

Article 4

— or to make no award.

1.
As an exception to Article 23(1) of Commission Regu-
lation (EC) No 1291/2000 (1), export licences issued under this
tendering procedure shall, for the purposes of determining their
period of validity, be considered as having been issued on the
day the tender was submitted.

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
later than one and a half hours after
Member States not
expiry of
tenders as laid
down in the notice of invitation to tender. They must be trans-
mitted in accordance with the table given in the Annex.

for submission of

the time limit

2. Where a maximum export refund is fixed, a contract shall
be awarded to any tenderer whose tender specifies a rate of
refund not exceeding such maximum export refund.

Article 7

The closing date for the submission of tenders for the first
regular invitation to tender shall be 16 December 2004 at
10.00 (Brussels time).

The final date for submission of tenders shall be 23 June 2005.

Article 8

If no tenders are lodged, Member States shall
inform the
Commission within the time limit referred to in the first
paragraph.

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, 26 November 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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

27.11.2004

EN

Official Journal of the European Union

L 353/5

ANNEX

Tendering procedure for the refund on export of wholly milled round-grain, medium-grain and long-grain A rice
to certain third countries

Closing date for the submission of tenders (date/time):

..........................................................................................................................

1

Serial numbers of tenderers

2

Quantity
in tonnes

3

4

Amount of export refund
(in EUR per tonne)

Minimum quantity (*)
in tonnes

1

2

3

4

5

etc.

(*) Quantities referred to in Article 2(1)(e) of Regulation (EC) No 584/75.