CELEX: 31976R0358
Language: en
Date: 1976-02-19 00:00:00
Title: Commission Regulation (EEC) No 358/76 of 19 February 1976 on an invitation to tender for the levy and/or the refund for the export of wholly milled long grain rice to certain third countries

20 . 2. 76                              Official Journal of the European Communities                           No L 44/ 13
                                      COMMISSION REGULATION (EEC) No 358/76
                                                      of 19 February 1976
                on an invitation to tender for the levy and/or the refund for the export of wholly
                                      milled long grain rice to certain third countries
THE COMMISSION OF THE EUROPEAN                                     Commission Regulation (EEC) No 584/75 of 6 March
 COMMUNITIES,                                                       1975 laying down detailed rules for the application of
                                                                   the system of tendering for export refunds on rice (9) ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                   Whereas the objective of the tendering procedure can
 Having regard to Council Regulation No 359/ 67/ EEC               be attained only if every successful tenderer fulfils all
 of 25 July 1967 on the common organization of the                 the commitments entered into by him when submit­
 market in rice ('), as last amended by Regulation                 ting his tender ; whereas these commitments include
(EEC) No 668 /75 (2),                                              an obligation to lodge an application for an export
                                                                   licence ; whereas compliance with this obligation may
 Having regard to Council Regulation (EEC) No                      be ensured by requiring the tenderer to give security
 2737/73 of 8 October 1973 laying down general rules               when submitting his tender ;
 to be applied in the event of the rice market being
 disturbed (3), as last amended by Regulation (EEC) No
 477/75 (4), and in particular Article 4 (2) thereof,
                                                                    Whereas, in order to ensure equal treatment to all
 Having regard to Council Regulation No 366/67/EEC                 concerned, it is necessary to make provision such that
of 25 July 1967 laying down general rules for granting             the effective period of validity of licences issued to
                                                                   successful tenderers in connection with the invitation
 export refunds on rice and criteria for fixing the
                                                                   to tender is identical ;
amount of such refunds (5), as last amended by Regula­
 tion (EEC) No 478 /75 (6), and in particular Article 3a
 thereof,
                                                                   Whereas provision must be made to ensure the
Whereas, having regard to the current situation on the             smooth operation of the procedure for tendering for
 rice market, there should be opened in respect of                 export levies and refunds ; whereas to this end it is
wholly milled long grain rice an invitation to tender              appropriate to prescribe a minimum quantity to be
 for the export levy provided for in the first indent of           tendered for and a time limit and form            for the
Article 2 ( 1 ) of Regulation (EEC) No 2737/73 and for             communication of tenders submitted to the compe­
 the export refund provided for in Article 3a of Regula­           tent authorities ;
 tion No 366/ 67/ EEC ;
Whereas those countries close to the rice growing                  Whereas the second subparagraph of Article 1 ( 1 ) of
 regions of the Community such as Austria, Liechten­               respectively Commission Regulations (EEC) No
 stein and Switzerland are able to supply themselves               3197/73 and (EEC) No 584/75 provides that invita­
with Community rice within the framework of general                tions to tender for the export levy and/or refund shall
 refund specifically fixed for these countries ; whereas           be open on equal terms to all persons established
 these countries should therefore be excluded from the
                                                                   within the Community ; whereas by reason of the
 present tender ;                                                  differing monetary circumstances in the various
                                                                   Member States, the satisfaction of this condition
Whereas the detailed rules governing invitations to                cannot be ensured by the application of the exchange
 tender are as regards the export levy contained in                rates applicable for the purposes of the common agri­
 Commission Regulation (EEC) No 3197/73 of 23                      cultural policy, since monetary compensatory amounts
 November 1973 establishing the conditions for the                 do not apply in the rice sector ; whereas it is therefore
application of the system of tendering for export                  advisable to take provision for the effects of the mone­
 levies on rice (7), as last amended by Regulation (EEC)           tary situation to be taken into account in respect of
 No 583/75 (8), and as regards the export refund in                each tender ;
(■)  OJ  No 174, 31 . 7. 1967, p. 1 .
(2)  OJ  No L 72, 20 . 3 . 1975, p. 18 .
(} ) OJ  No L 282, 9 . 10 . 1973 , p. 13 .                         Whereas the measures provided for in this Regulation
(4 ) OJ  No L 52, 28 . 2. 1975, p. 33 .                            are in accordance with the opinion of the Manage­
(5)  OJ  No 174, 31 . 7. 1967, p. 34.                              ment Committee for Cereals,
(<>) OJ  No L 52, 28 . 2 . 1975, p. 34.
(7)  OJ  No L 326, 27 . 11 . 1973, p . 10.
(8)  OJ  No L 61 , 7 . 3 . 1975 , p. 24.                           O OJ No L 61 , 7 . 3 . 1975 , p. 25 .
 ---pagebreak--- No L 44/ 14                           Official Journal of the European Communities                               20 . 2. 76
HAS ADOPTED THIS REGULATION :                                   lations referred to in Article 3, no export licence shall
                                                                be issued and the security lodged pursuant to Article 3
                         Article 1
                                                                of those Regulations shall accordingly be forfeit.
1 . Tenders shall be invited for the export levy
provided for in the first indent of Article 2 ( 1 ) of                                    Article 6
Council Regulation (EEC) No 2737/73 and/or the
export refund provided for in Article 3a of Regulation           By way of derogation from the provisions of Article 9
No 366/ 67/ EEC .                                               ( 1 ) and (2) of Regulation (EEC) No 193/75 (2), export
                                                                 licences issued under Article 8 ( 1 ) of Regulation (EEC)
2. The invitation to tender shall relate to wholly
                                                                 No 3197/73 or under the like provision of Regulation
milled long grain rice for exports to all third countries
                                                                (EEC) No 584/75 shall for the purpose of determining
except Austria, Liechtenstein and Switzerland .
                                                                their period of validity be deemed to have been issued
3. The invitation shall remain open until 25 June               on the day on which the tender was submitted.
 1976. During this period weekly awards shall be
made, the time limits for the submission of tenders to                                    Article 7
be as prescribed in the notice of invitation to tender.
                                                                 1 . If the obligation to export is not fulfilled, the
                         Article 2
                                                                security mentioned in Article 3 of Regulations (EEC)
A tender shall be valid only if it relates to an amount          No 3197/73 and (EEC) No 584/75 shall be forfeit in
of not less than 20 metric tons .                                respect of a quantity equal to the difference between :
                         Article 3                              (a) 93 % of the net quantity indicated on the export
                                                                      licence, and
1 . The security referred to in Article 3 of Regula­
tion (EEC) No 3197/73 and of Regulation (EEC) No                (b) the net quantity actually exported.
584/75 shall be 10 units of account per metric ton .             2. However, if the quantity exported is less than
2. By way of derogation from Article 7 ( 1 ) of Regu­            7 % of the net quantity indicated on the licence, the
lation (EEC) No 3197/73 and (EEC) No 584/75, the                 security shall be forfeit in its entirety.
security provided for in paragraph 1 shall, subject to
force majeure be released only in respect of any quan­           3.     On request by the titular holder of the licence,
tity for which the tender was not accepted or for                Member States may release the security by instalments
which the tenderer furnishes proof of arrival at its             in proportion to the quantities of product for which
destination , such proof to be furnished as provided in          proof of exportation as referred to» in Article 7 ( 1 ) of
the second, third and fifth subparagraphs of Article 1 1         Regulations (EEC) No 3197/73 and (EEC) No 584/75
( 1 ) of Regulation (EEC) No 1 92/75 (»)•                        has been furnished, provided that such proof estab­
                                                                 lishes that a quantity equal to at least 7 % of the net
                          Article 4                              quantity indicated on the licence has been exported.
Section 1 2 of the licence application and of the
licence itself shall bear one of the following endorse­                                   Article 8
ments, preceded by an asterisk corresponding to the             The tenders submitted must reach the Commission
asterisk entered in section 1 3 :
                                                                 through the intermediary of Member States at the
'valid for countries other than Austria, Liechtenstein
                                                                 latest one and a half hours after expiry of the period
and Switzerland' ;
                                                                 for weekly submission of tenders as specified in the
'gaeldende for alle lande undtagen 0strig, Liechten­             notice of invitation to tender. They must be communi­
stein og Schweiz' ;                                              cated in the form indicated in the Annex hereto.
'gültig für alle Länder außer Österreich, Liechtenstein
und der Schweiz' ;                                               If no tenders are received, Member States shall inform
                                                                 the Commission of this within the time limit indi­
'valable pour les pays autres que 1 Autriche, le Liech­
tenstein et la Suisse' ;                                         cated in the preceding paragraph .
'valida per i paesi terzi tranne 1 Austria, il Liechten­
stein e la Svizzera' ;                                                                    Article 9
 geldig voor de landen andere dan Oostenrijk, Liech­
tenstein en Zwitserland'.                                        During the period in which summer time applies in
                                                                 Italy, the times fixed for the submission of tenders
The issue of a licence shall carry with it the obligation        shall be regarded in that Member State as extended by
to export to that destination .                                  one hour. During the period during which summer
                          Article 5
                                                                 time does not apply in the United Kingdom and in
                                                                 Ireland, the times fixed for the submission of tenders
If a tenderer fails to comply with the undertaking               shall be regarded in those Member States as brought
given by him pursuant to Article 2 (3) (b) of the Regu­          forward by one hour.
(') OJ No L 25, 31 . 1 . 1975, p. 1 .                            (2) OJ No L 25, 31 . 1 . 1975, p. 10 .
 ---pagebreak--- 20 . 2 . 76                          Official Journal of the European Communities                         No L 44/ 15
                        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
                                                               those offers made in       national currencies and for
— to fix a maximum export refund, taking account in
     particular of the criteria laid down in Articles 2        converting into national currencies the maximum
     and 3 of Regulation No 366/67/ EEC, or                     refund or minimum levy as fixed in units of account
                                                               shall be :
— to fix a minimum export levy, taking account in
     particular of the criteria laid down in Article 3 ( 1 )   — in the case of currencies held at any given
     (b) and (d) of Regulation (EEC) No 2737/73, or                 moment within a band of 2-25 % , the central rate,
— to make no award .                                           — in all other cases the average spot exchange rate
                                                                    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
contract shall be awarded to any tenderer whose                     tenders .
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, 19 February 1976.
                                                                         For the Commission
                                                                              P.J. LARDINOIS
                                                                      Member of the Commission
 ---pagebreak--- No L 44/ 16                    Official Journal of the European Communities                                   20 . 2. 76
                                                         ANNEX
            Weekly tender for the levy/refund for the export of wholly milled long grain rice to
                                                  certain third countries
                           Expiry of the period for the submission of tenders (date/time)
                                                              I
                     l                   2                                            3
                Number of             Quantity                    Amount o{ export levy in national currency
                  tender           in metric tons                              per metric ton
                     1
                    2
                    3
                    4
                     5
                   etc .
                                                             II
                     1                   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 .