CELEX: 31974R3037
Language: en
Date: 1974-12-03 00:00:00
Title: Regulation (EEC) No 3037/74 of the Commission of 2 December 1974 on an invitation to tender for the export levy for husked long grain rice

3 . 12. 74                              Official Journal of the European Communities                            No L 323 / 5
                             REGULATION ( EEC) No 3037/74 OF THE COMMISSION
                                                      of 2 December 1974
                 ■ on an invitation to tender for the export levy for husked long grain rice
 THE COMMISSION OF THE EUROPEAN                                      HAS ADOPTED THIS REGULATION :
 COMMUNITIES,
 Having regard to the Treaty establishing the European
 Economic Community ;                                                                        A rtic/e 1
 Having regard to Council Regulation No 359/                         1 . Tenders shall be invited for the export levy
 67/ EEC (') of 25 July 1967 on the common organiza­                provided for in the first indent of Article 2 ( 1 .) of
 tion of the market in rice, as last amended by Regula­             Council Regulation (EEC) No 2737/73 .
 tion (EEC) No 1 1 29/74 (2) ;         !
                                                                    2.      The invitation to tender shall relate to husked
 Having regard to Council Regulation (EEC) No
 2737/73 (3) of 8 October 1973 laying down general                  long grain rice .
 rules to be applied in the event of the rice market
 being disturbed, and in particular Article 4 (2)                   3 . The invitation shall remain open until 31
 thereof ;                                                          January 1975 . During this period weekly awards shall
                                                                    be made , the time limits for the submission of tenders
 Whereas, having regard to the current situation on the             being as prescribed in the notice of invitation to
 rice market, an invitation to tender for the export levy           tender.
 provided for in the first indent of Article 2 ( 1 ) of Regu­
 lation (EEC) No 2737/73 should be opened in respect
 of husked long grain rice ;                                        4.      By way of derogation from Article 1 (2) of Regu­
                                                                    lation ( EEC) No 3197/73, the period required between
                                                                    publication of the notice of invitation to tender and
 Whereas the detailed rules relating to the organization            the first closing date for the submission of tenders
 of the invitations to tender for the purpose of fixing             shall be eight days.
 the export levy are contained in Commission Regula­
 tion ( EEC) No 31 97/73 (4) of 23 November 1973 esta­
 blishing the conditions for the application of the
 system of tendering for export levies of rice ;                                             Article 2
 Whereas the objective of the invitation to tender can
 be attained only if the successful tenderer fulfils all            A tender shall be valid only if it relates to an amount
                                                                    of not less than 20 metric tons .
 the commitments entered into by him when submit­
 ting his tender ; whereas these commitments include
 an obligation to lodge an application for an export                                         Article J
 licence ; whereas compliance with this obligation may
 be ensured by requiring tenderers to give security
when submitting their tenders ; whereas it follows that             If a tenderer fails to comply with the undertaking
such security will not be released where no such appli­            given by him pursuant to Article 2 (3) (b) of Regula­
cation is lodged ;                                                  tion ( EEC) No 3197/ 73 , no export licence shall be
                                                                    issued and the security provided pursuant to Article 3
Whereas provision must be made to ensure the                       of that Regulation shall accordingly be forfeit.
smooth operation of the procedure for tendering for
export levies ; whereas to this end it is appropriate to
 prescribe a minimum quantity to be tendered for and                                         Article 4
a time     limit and form       for the communication of
tenders lodged with the competent authorities ;
                                                                    I.     Where the obligation to export lias not been
Whereas the measures provided for in this Regulation                fulfilled , the security mentioned in Article 3 ( 1 ) of
are in accordance with the Opinion of the Manage­                   Regulation ( EEC ) No 3197 / 73 shall be forfeit in
ment Committee for Cereals ,                                        respect of a quantity equal to the difference between :
(') OJ No 174 , 31 . 7 . 1967 , p. 1 .                             (a ) 93 % of the net quantity indicated on the export
(') 0 | No L 12X , 29 . 4 . 1974, p. 20 .                                licence , and
(•') O'l No L 2H2, 9 . |(). 1973 , p. 13 .
Y) OJ No L 326, 27. 11 . 1973, p. 10                               ( b ) the net quantity actually exported .
 ---pagebreak--- No L 323/6                         Official Journal of the European Communities                             3 . 12. 74
2.     However, if the quantity exported is equal to or      Where no tenders are received , Member States shall
less than 7 % of the net quantity indicated on the            inform the Commission of this within the time limit
licence, the security shall be forfeit in its entirety.       indicated in the preceding paragraph .
3.     On request by the titular holder of the licence,
Member States may release the security by instalments                                 Article 6
in proportion to the quantities of product in respect
of which proof of export as required under Article 7          During the period in which Summer Time applies in
( 1 ) of Regulation ( EEC) No 3197/73 has been               Italy, the deadlines for the receipt of tenders shall be
furnished, provided that such proof establishes that a       regarded in that Member Si:nt^ as extended by one
quantity equal to at least 7 % of the net quantity indi­     hour. During the period during which Summer Time
cated on the licence has been exported .                     does not apply in the United Kingdom and in Ireland
                                                             the deadlines tor the receipt of tenders shall be
                         Article 5
                                                             regarded in those Member States as brought forward
                                                             by one hour.
The tenders lodged must reach the Commission
through the intermediary of Member States at the                                      Article 7
latest one and a half hours after expiry of the period
for the weekly lodging of tenders as specified in the        This Regulation shall enter into force on the day
notice of invitation to tender. They must be communi­        following its publication in the Official Journal of
cated in the form indicated in the Annex .                    the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
              Done at Brussels, 2 December 1974 .
                                                                       For the Commission
                                                                           The President
                                                                      Francois-Xavier ORTOLI
 ---pagebreak--- 3 . 12 . 74                        Official Journal of the European Communities                              No L 323 /7
                                                          ANNEX
                                Weekly tender for the export levy for milled long grain rice
                           Notice of invitation to tender published in Official Journal No
            Closing date for submission of tenders (date/time ).
                       1                      2                                       3
                 Numbering of             Quantity                Amount of export levy in national currency
                   tenders             in metric tons                          per metric ton
                       1
                      2
                      3                                                                               *
                      4
                      5
                     etc.