CELEX: 31990R0105
Language: en
Date: 1990-01-17 00:00:00
Title: Commission Regulation (EEC) No 105/90 of 16 January 1990 opening an invitation tender for the refund on export of wholly milled medium grain and long grain A rice to certain third countries and amending Regulation (EEC) No 3126/89

No L 13/6                                  Official Journal of the European Communities                                 17. 1 . 90
                                      COMMISSION REGULATION (EEC) No 105/90
                                                         of 16 January 1990
                  opening an invitation tender for the refund on export of wholly milled medium
                 grain and long grain A rice to certain third countries and amending Regulation
                                                          (EEC) No 3126/89
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Whereas the measures provided for in this Regulation are
                                                                     in accordance with the opinion of the Management
Having regard to the Treaty establishing the European                Committee for Cereals,
Economic Community,
Having regard to Council Regulation (EEC) No 1418/76
of 21 June 1976 on the common organization of the                     HAS ADOPTED THIS REGULATION :
market in rice ('), as last amended by Regulation (EEC)
No 1806/89 (2), and in particular Article 17 thereof,
                                                                                              Article 1
Having regard to Council Regulation (EEC) No 1431 /76
of 21 June 1976 laying dwn general rules for granting                 1 . An invitation to tender is hereby opened, for the
export refunds on rice and criteria for fixing the amount            export refund referred to in Article 4 of Regulation (EEC)
of such refunds (3), and in particular Article 4 thereof,            No 1431 /76, for Zones II (a) and III as specified in Annex
Whereas examination of the balance sheet shows that
                                                                      I to Regulation (EEC) No 1124/77 and for the German
                                                                      Democratic Republic.
exportable amounts of rice are currently held by produ­
cers ; whereas this situation could affect the normal deve­
                                                                      2. The invitation to tender shall be open until 21 June
lopment of producer prices during the 1989/90 marketing               1990. During that period weekly invitations to tender
year ;                                                               shall be issued and the date for submission of tenders
                                                                     shall be determined in the notice of invitation to tender.
Whereas, in order to remedy this situation, it is appro­
priate to make use of export refunds to zones which may
be supplied by the Community ; whereas the special situ­              3. The invitation to tender shall take place in accor­
ation of the rice market makes it necessary to limit the              dance with the provisions of Regulation (EEC) No 584/75
refunds, and therefore to apply Article 4 of Regulation               and with the following provisions.
(EEC) No 1431 /76 enabling the refund amount to be
fixed by tendering procedure ;
Whereas Commission Regulation (EEC) No 3126/89 of                                              Article 2
18 Octobr 1989 on a invitation to tender for the refund
on export of wholly milled medium grain and long grain
A rice to certain third countries (4) specified the export            A tender shall be valid only if it covers a quantity for
markets as Zones I to VI and VIII, excluding Guyana,                  export of at least 50 tonnes but not more than 5 000
                                                                      tonnes .
Madagascar and Surinam, as listed in Annex I to Commis­
sion Regulation (EEC) No 1 124/77 (*), as last amended by
Regulation (EEC) No 3049/89 (6) ; whereas it appears that                                      Article 3
the use of a specific tendering procedure would allow
more rice to be sold for export to certain Eastern Euro­
                                                                      The security referred to in Article 3 of Regulation (EEC)
pean countries ; whereas the destination zomes specified              No 584/75 shall be ECU 20 per tonne.
in Regulation (EEC) No 3126/89 should therefore be
altered ;
                                                                                               Article 4
Whereas 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            1.   Notwithstanding the provisions of Article 21 ( 1) of
system of tendering for export refunds on rice Q, as last             Commission Regulation (EEC) No 3719/88 f), export
                                                                      licences issued within this invitation to tender shall, for
amended by Regulation (EEC) No 379/89 (8), apply to this
invitation to tender :                                                the purposes of determining their , period of validity, be
                                                                      considered as having been issued on the day the tender
                                                                      was submitted.
(') OJ  No L  166, 25. 6. 1976, p. 1 .
(2) OJ  No L  177, 24. 6. 1989, p. 1 .                                2.    The licences shall be valid from their date of issue,
(<) OJ  No L  166, 25. 6. 1976, p. 36.
(4) OJ  No L 301 , 19. 10 . 1989, p. 14.                              within the meaning of paragraph 1 , until the end of the
0   OJ  No L  134, 28 . 5. 1977, p. 53 .                              third month following.
(6) OJ  No L 292, 11 . 10 . 1989 , p. 10 .
0   OJ  No L 61 , 7. 3 . 1975, p. 25.
 8  OJ  No L 44, 16 . 2. 1989, p. 22.                                 O OJ No L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak--- 17 . 1 . 90                             Official Journal of the European Communities                              No L 13/7
                            Article 5                                                       Article 8
Tenders submitted must reach the Commission through               The time limit for submission of tenders for the first
the Member States not later than one and a half hours
after the time limit for weekly submission of tenders as          partial invitation to tender shall be 10 a.m. (Belgian time)
laid down in the notice of invitation to tender, they must        on 1 February 1990 .
be transmitted in accordance with the table given in the
Annex.                                                            The final date for submission of tenders is hereby fixed at
                                                                  21 June 1990.
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.                                              Article 9
                            Article 6
                                                                  Article 1 (1 ) of Regulation (EEC) No 3126/89 is replaced
The time set for submitting tenders shall be Belgian time.        by the following :
                            Article 7
                                                                      ' 1 . An invitation to tender is hereby opened for the
                                                                      export refund referred to in Article 4 of Regulation
1.     On the basis of tenders submitted, the Commission              (EEC) No 1431 /76, for Zones I, II (b), IV, V, VI and
shall decide in accordance with the procedure laid down               VIII (except Guyana, Madagascar and Surinam, as
in Article 27 of Regulation (EEC) No 1418/76 :                        specified in Annex I to Regulation (EEC) No
                                                                       1124/77.'
     either to fix a maximum export refund, taking account
     of the criteria laid down in Articles 2 and 3 of Regula­
     tion (EEC) No 1431 /76,
                                                                                            Article 10
— <?r not to take any action on the tenders.
2.     Where a maximum export refund is fixed, an award           This , jRegulation shall enter into force on the day follo­
shall be made to the tenderer or tenderers whose tenders          wing f its publication in the Official Journal of the Euro­
are at or below the maximum export refund level.                  pean Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 16 January 1990 .
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                         Member of the Commission
 ---pagebreak--- No L 13/8                     Official Journal of the European Communities                       17. 1 . 90
                                                    ANNEX
          Weekly invitation to tender for the refund on export of wholly milled medium grain and
                                long grain A rice to certain third countries
                             (Closing date for the submission of tenders (date/time))
                     1                2                                    3
             Serial number       Quantities                     Amount of export refund
               of tenders         in tonnes                         in ecu per tonne
                    1
                    2
                    3
                    4
                    5
                   etc.