CELEX: 31975R2975
Language: en
Date: 1975-11-12 00:00:00
Title: Regulation (EEC) No 2975/75 of the Commission of 12 November 1975 on an invitation to tender for the levy and/or the refund for the export of wholly milled long grain rice to countries of Zone IV

14 .    1 . 75                              Official Journal of the European Communities                        No L 295/21
                                REGULATION (EEC) No 2975/75 OF THE COMMISSION
                                                         of 12 November 1975
                 on an invitation to tender for the levy and/or the refund for the export of wholly
                                         milled long grain rice to countries of Zone IV
THE COMMISSION OF THE EUROPEAN                                         Commission Regulation (EEC) No 584/75 (10) of 6
COMMUNITIES,                                                           March 1975 laying down detailed rules for the applica­
                                                                       tion of the system of tendering for export refunds on
Having regard to the Treaty establishing the European                  rice ;
Economic Community ;
Having regard to Council Regulation No 359/                           Whereas the objective of the tendering procedure can
67/EEC (') of 25 July 1967 on the common organiza­                     be attained only if every successful tenderer fulfils all
tion of the market in rice, as last amended by Regula­                 the commitments entered into by him when submit­
tion (EEC) No 668/75 (2) ;                                             ting his tender ; whereas these commitments include
                                                                       an obligation to lodge an application for an export
Having regard to Council Regulation (EEC) No                           licence ; whereas compliance with this obligation may
2737/73 (3) of 8 October 1973 laying down general                      be ensured by requiring the tenderer to give security
rules to be applied in the event of the rice market                   when submitting his tender ;
being disturbed, as last amended by Regulation (EEC)
No 477/75 (4), and in particular Article 4 (2) thereof ;
Having regard to Council Regulation No 366/                            Whereas, in order to ensure equal treatment to all
67/ EEC (5) of 25 July 1967 laying down general rules                  concerned, it is necessary to make provision such that
for granting export refunds on rice and criteria for                   the effective period of validity of licences issued to
                                                                       successful tenderers in connection with the invitation
fixing the amount of such refunds, as last amended by
Regulation (EEC) No 478/75 (6), and in particular                      to tender is identical ;
Article 3a thereof ;
Whereas, having regard to the current situation on the                Whereas provision must be made to ensure the
rice market, there should be opened in respect of                      smooth operation of the procedure for tendering for
wholly milled long grain rice an invitation to tender                  export levies and refunds ; whereas to this end it is
for the export levy provided for in the first indent of                appropriate to prescribe a minimum quantity to be
Article 2 ( 1 ) of Regulation (EEC) No 2737/73 and/or                  tendered for and a time limit and form for the
for the export refund provided for in Article 3a of                    communication of tenders submitted to the compe­
Regulation No 366/67/ EEC ;                                            tent authorities ;
Whereas, in order to participate in the supply of
certain markets, the invitation to tender for export                   Whereas the second subparagraph of Article 1 ( 1 ) of
should be limited to the markets concerned , which                     respectively Commission Regulations (EEC) No
are situated in Zone IV as defined in the Annex to                     3197/73 and (EEC) No 584/75 provides that invita­
Commission Regulation (EEC) No 941 /72 (7) of 5 May                    tions to tender for the export levy and/or refund shall
1972 re-defining the destination zones for export                      be open on equal terms to all persons established
refunds on cereals and rice ;                                          within the Community ; whereas, by reason of the
                                                                       differing monetary circumstances in the various
Whereas the detailed rules governing invitations to                    Member States, the satisfaction of this condition
tender are as regards the export levy contained in                     cannot be ensured by the application of the exchange
Commission Regulation (EEC) No 3197/73 (8) of 23                       rates applicable for the purposes of the common agri­
November 1973 establishing the conditions for the                      cultural policy, since monetary compensatory amounts
application of the system of tendering for export                      do not apply in the rice sector ; whereas it is therefore
levies on rice, as last amended by Regulation (EEC)                    advisable to make provision for the effects of the
No 583/75 (9), and as regards the export refund in                     monetary situation to be taken into account in respect
                                                                       of each tender :
(')  OJ    No  174, 31 . 7. 1967, p. 1 .
(2)  OJ    No  L 72, 20 . 3 . 1975, p. 18 .
(3)  OJ    No  L 282, 9 . 10 . 1973, p. 13 .
(")  OJ    No  L 52, 28 . 2. 1975, p. 33 .                             Whereas the measures provided for in this Regulation
(5)  OJ    No  174, 31 . 7. 1967, p. 34.                               are in accordance with the Opinion of the Manage­
(b)  OJ    No  L 52, 28 . 2. 1975, p. 34.                              ment Committee for Cereals,
(7)  OJ    No  L 107, 6. 5. 1972, p. 10 .
(8)  OJ   No  L 326, 27. 11 . 1973, p. 10 .
H    OJ   No  L 61 , 7. 3 . 1975, p. 24.                               ( ,0) OJ No L 61 , 7. 3 . 1975, p. 25 .
 ---pagebreak--- No L 295/22                             Official Journal of the European Communities                            14. 11 . 75
HAS ADOPTED THIS REGULATION :                                      export licences issued under Article 8 ( 1 ) of Regula­
                                                                   tion (EEC) No 3197/73 or under the like provision of
                           Article 1                               Regulation (EEC) No 584/75 shall for the purpose of
                                                                   determining their period of validity be deemed to
 1 . Tenders shall be invited for the export levy                  have been issued on the day on which the tender was
provided for in the first indent of Article 2 ( 1 ) of            submitted .
Council Regulation (EEC) No 2737/73 and/or the
export refund provided for in Article 3a of Regulation             2. Export licences issued in connection with the
No 366/67/ EEC .                                                   invitation to tender pursuant to this Regulation shall
                                                                  be valid from their date of issue, as defined in the
2. The invitation to tender shall relate to wholly
milled long grain rice for export to the countries of
                                                                   previous paragraph, until the end of the fourth month
Zone IV as defined in the Annex to Regulation (EEC)
                                                                   following that of issue.
No 941 /72 .
                                                                                           Article 7
3 . The invitation shall remain open until 19
December 1975. During this period weekly awards                    1 . If the obligation to export is not fulfilled, the
shall be made, the time limits for the submission of
                                                                   security mentioned in Article 3 of Regulations (EEC)
tenders to be as prescribed in the notice of invitation
to tender.
                                                                   No 3197/73 and (EEC) No 584/75 shall be forfeit in
                                                                   respect of a quantity equal to the difference between :
                           Article 2                              (a) 93 % of the net quantity indicated on the export
                                                                       licence, and
A tender shall be valid only if it relates to an amount
of not less than 20 metric tons .                                 (b) the net quantity actually exported .
                                                                   2. However, if the quantity exported is less than
                          Article 3
                                                                   7 % of the net quantity indicated on the licence, the
 1 . The security referred to in Article 3 of Regula­             security shall be forfeit in its entirety.
tion (EEC) No 3197/73 and of Regulation (EEC) No
584/75 shall be 20 units of account per metric ton .               3 . On request by the titular holder of the licence,
                                                                  Member States may release the security by instalments
2.      By way of derogation from Article 7 ( 1 ) of Regu­         in proportion to the quantities of product for which
lations (EEC) No 3197/73 and (EEC) No 584/75, the                  proof of exportation as referred to in Article 7 ( 1 ) of
security provided for in paragraph 1 shall, subject to             Regulations (EEC) No 3197/73 and (EEC) No 584/75
force majeure, be released only in respect of any quan­            has been furnished, provided that such proof esta­
tity for which the tender was not accepted or for                  blishes that a quantity equal to at least 7 % of the net
which the tenderer furnishes proof of arrival at its               quantity indicated has been exported.
destination , such proof to be furnished as provided in
the second, third and fourth subparagraphs of Article
                                                                                           Article 8
 11 ( 1 ) of Regulation (EEC) No 192/75 (').
                                                                  The tenders submitted must reach the Commission
                           Article 4
                                                                   through the intermediary of Member States at the
The zone of destination as specified in Article 1 (2)              latest one-and-a-half hours after expiry of the period
shall be indicated in section 13 of the licence applica­           for the weekly submission of tenders as specified in
tion and of the licence itself. The issue of a licence             the notice of invitation to tender. They must be
shall carry with it the obligation to export to that desti­        communicated in the form indicated in the Annex
nation .                                                           hereto .
                           Article 5
                                                                   If no tenders are received, Member States shall inform
                                                                   the Commission of this within the time limit indi­
If a tenderer fails to comply with the undertaking                 cated in the preceding paragraph .
given by him pursuant to Article 2 (3) (b) of the Regu­
lations referred to in Article 3, no export licence shall
                                                                                           Article 9
be issued and the security lodged pursuant to Article 3
of those Regulations shall accordingly be forfeit.
                                                                   During the period in which Summer Time applies in
                                                                   Italy, the times fixed for the submission of tenders
                           Article 6
                                                                   shall be regarded in that Member State as extended by
 1.     By way of derogation from the provisions of                one hour. During the period during which Summer
Article 9 ( 1 ) and (2) of Regulation (EEC) No 193/75 (2)         Time does not apply in the United Kingdom and in
                                                                   Ireland, the times fixed for the submission of tenders
(') OJ No L 25, 31 . 1 . 1975 , p. 1 .                             shall be regarded in those Member States as brought
(2 ) OJ No L 25, 31 . 1 . 1975, p. 10 .                            forward by one hour.
 ---pagebreak--- 14 . 11 . 75                         Official Journal of the European Communities                       No L 295/23
                        Article 10                              cates a rate of levy equal to or greater than such
                                                                minimum export levy.
1 . By way of derogation from Article 5 of Regula­
tions (EEC) No 3197/73 and (EEC) No 584/75, the
                                                                                       Article 11
Commission shall decide, under the procedure laid
down in Article 26 of Regulation No 359/67/EEC :               The rates used for converting into units of account
— to fix a maximum export refund, taking account in             tenders in national currencies and for converting into
     particular of the criteria laid down in Articles 2         national    currencies  the    maximum    refund    or
     and 3 of Regulation No 366/67/EEC, or                      minimum levy as fixed in units of account shall be :
— to fix a minimum export levy, taking account in              — in the case of currencies held at any given
     particular of the criteria laid down in Article 3 ( 1 )        moment within a band of 2-25 % , the central rate,
     (b) and (d) of Regulation (EEC) No 2737/73, or            — in all other cases the average spot exchange rate
— to make no award .
                                                                    during a week ending on the Tuesday immediately
2. Where a maximum export refund is fixed, a                        preceding the final date for the submission of
                                                                    tenders.
contract shall be awarded to any tenderer whose
tender indicates a rate of refund equal to or less than
such maximum export refund and to any tenderer                                         Article 12
who has tendered for an export levy. -
                                                               This Regulation shall enter into force on the day
Where a minimum export levy is fixed, a contract                following its publication in the Official Journal of
shall be awarded to any tenderer whose tender indi­             the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 12 November 1975 .
                                                                         For the Commission
                                                                             P.J. LARDINOIS
                                                                      Member of the Commission
 ---pagebreak--- No L 295/24                   Official Journal of the European Communities                                   14. 11 . 75
                                                        ANNEX
          Weekly tender for the levy and/or refund for the export of wholly milled long grain rice to
                                                  countries of Zone IV
                          Expiry of the period for the submission of tenders (date/time)
                                                            I
                    1                   2                                           3
               Number of             Quantity                   Amount of export levy in national currency
                 tender           in metric tons                             per metric ton
                    1
                    2
                    3
                    4        I
                    5
                   etc.
                                                            II
                     i                   2                                           3
               Number of              Quantity                  Amount of export refund in national currency
                  tender           in metric tons                             per metric ton
                      1
                     2
                     3
                     4
                      5
                   etc .