CELEX: 31975R2454
Language: en
Date: 1975-09-27 00:00:00
Title: Regulation (EEC) No 2454/75 of the Commission of 26 September 1975 on an invitation to tender for the levy and/or the refund for the export of wholly milled long grain rice to third countries

27. 9 . 75                               Official Journal of the European Communities                          No L 251 /5
                              REGULATION (EEC) No 2454/75 OF THE COMMISSION
                                                      of 26 September 1975
                on an invitation to tender for the levy and/or the refund for the export of wholly
                                            milled long grain rice to third countries
 THE COMMISSION OF THE EUROPEAN                                      licence ; whereas compliance with this obligation may
 COMMUNITIES,                                                        be ensured by requiring the tenderer to give security
                                                                     when submitting his tender ;
 Having regard to the Treaty establishing the European
 Economic Community ;
                                                                     Whereas, in order to ensure equal treatment to all
 Having regard to Council Regulation No 359/                         concerned, it is necessary to make provision such that
 67/ EEC ( J) of 25 July 1967 on the common organiza­                the effective period of validity of licences issued to
 tion of the market in rice, as last amended by Regula­              successful tenderers in connection with the invitation
 tion (EEC) No 476/75f) ;                                            to tender is identical ;
 Having regard to Council Regulation (EEC) No
 2737/73 (3) of 8 October 1973 laying down general                   Whereas provision must be made to ensure the
 rules to be applied in the event of the rice market                 smooth operation of the procedure for tendering for
being disturbed, as last amended by Regulation (EEC)                 export levies and refunds ; whereas to this end it is
 No 477/75 (4), and in particular Article 4 (2) thereof ;            appropriate to prescribe a minimum quantity to be
                                                                    -tendered for and a time limit and form for the
 Having regard to Council Regulation No 366/
 67/ EEC (5) of 25 July 1967 laying down general rules               communication of tenders submitted to the compe­
                                                                     tent authorities ;
 for granting export refunds on rice and criteria for
 fixing the amount of such refunds, as last amended by
 Regulation (EEC) No 478 /75 (6), and in particular                  Whereas the second subparagraph of Article 1 ( 1 ) of
Article 3a thereof ;                                                 respectively Commission Regulations (EEC) No
Whereas, having regard to the current situation on the               3197/73 and (EEC) No 584/75 provides that invita­
 rice market, there should be opened in respect of                   tions to tender for the export levy and/or refund shall
wholly milled long grain rice an invitation to tender                be open on equal terms to all persons established
 for the export levy provided for in the first indent of             within the Community ; whereas by reason of the
Article 2(1 ) of Regulation (EEC) No 2737/73 and for                 differing monetary circumstances in the various
                                                                     Member States , the satisfaction of this condition
the export refund provided for in Article 3a of Regula­
tion No 366/ 67/ EEC ;                                               cannot be ensured by the application of the exchange
                                                                     rates applicable for the purposes of the common agri­
Whereas the detailed rules governing invitations to                  cultural policy, since monetary compensatory amounts
tender are as regards the export levy contained in                   do not apply in the rice sector ; whereas it is therefore
Commission Regulation (EEC) No 3197/73 (7) of 23                     advisable to make provision for the effects of the
 November 1973 establishing the conditions for the                   monetary situation to be taken into account in respect
application of the system of tendering for export                    of each tender ;
 levies on rice, as last amended by Regulation (EEC)
 No 583/75 (8), and as regards the export refund in                  Whereas the measures provided for in this Regulation
Commission Regulation (EEC) No -584/75 (9) of 6                      are in accordance with the Opinion of the Manage­
March 1975 laying down detailed rules for the applica­               ment Committee for Cereals,
tion of the system of tendering for export refunds on
rice ;
Whereas the objective of the tendering procedure can
be attained only if every successful tenderer fulfils all
the commitments entered into by him when submit­                     HAS ADOPTED THIS REGULATION :
ting his tender ; whereas these commitments include
an obligation to lodge an application for an export
(')  OJ No   174, 31 . 7 . 1967, p. 1 .                                                       Article 1
(2 ) OJ No   L 52, 28 . 2. 1975, p. 31 .
(3)  OJ No   L 282, 9 . 10 . 1973 , p. 13 .
(4)  OJ No   L 52, 28 . 2. 1975, p. 33 .                             1 . Tenders shall be invited for the export levy
(5)  OJ No   174, 31 . 7. 1967, p. 34 .                              provided for in the first indent of Article 2(1 ) of
(")  OJ No   L 52, 28 . 2. 1974, p. 34 .
( 7) OJ No   L 326, 27. 11 . 1973 , p. 10 .                          Council Regulation (EEC) No 2737/73 and/or the
( 8) OJ No   L 61 , 7. 3 . 1975, p. 24 .                             export refund provided for in Article 3a of Regulation
O    OJ No   L 61 , 7. 3 . 1975, p. 25.                              No 366/ 67/ EEC .
 ---pagebreak--- No L 251 / 6                          Official Journal of the European Communities                             27. 9 . 75
2. The invitation to tender shall relate to wholly                                       Article 7
milled long grain rice.
                                                                The tenders submitted must reach the Commission
3 . The invitation shall remain open until 29                    through the intermediary of Member States at the
January 1976. During this period weekly awards shall             latest one and a half hours after expiry of the period
be made, the time limits for the submission of tenders           for the weekly submission of tenders as specified in
to be as prescribed in the notice of invitation to               the notice of invitation to tender. They must be
tender.
                                                                 communicated in the form indicated in the Annex
                                                                 hereto.
                          Article 2
                                                                 If no tenders are received, Member States shall inform
A tender shall be valid only if it relates to an amount          the Commission of this within the time limit indi­
of not less than 20 metric tons.
                                                                 cated in the preceding paragraph .
                          Article 3
                                                                                         Article 8
The security referred to in Article 3 of Regulation
(EEC) No 3197/73 and of Regulation (EEC) No                      During the period in which Summer Time applies in
584/75 shall be 10 units of account per metric ton.              Italy, the times fixed for the submission of tenders
                                                                 shall be regarded in that Member State as extended by
                          Article 4                              one hour. During the period during which Summer
If a tenderer fails to comply with the undertaking               Time does not apply in the United Kingdom and in
                                                                 Ireland, the times fixed for the submission of tenders
given by him pursuant to Article 2 (3) (b) of the Regu­
lations referred to in the preceding Article, no export          shall be regarded in those Member States as brought
                                                                 forward by one hour.
licence shall be issued and the security lodged
pursuant to Article 3 of those Regulations shall accord­
ingly be forfeit.                                                                         Article 9
                          Article 5                               1 . By way of derogation from Article 5 of Regula­
 By way of derogation from the provisions of Article              tions (EEC) No 3197/73 and (EEC) No 584/75, the
9 ( 1 ) and (2) of Regulation (EEC) No 193/75 ( !) export         Commission shall decide, under the procedure laid
                                                                 down in Article 26 of Regulation No 359/67/EEC :
licences issued under Article 8 ( 1 ) of Regulation (EEC)
 No 3197/73 or under the like provision of Regulation            — to fix a maximum export refund, taking account in
(EEC) No 584/75 shall for the purpose of determining                  particular of the criteria laid down in Articles 2
 their period of validity be deemed to have been issued               and 3 of Regulation No 366/67/EEC, or
 on the day on which the tender was submitted.
                                                                  — to fix a minimum export levy, taking account in
                                                                       particular of the criteria laid down in Article
                          Article 6
                                                                       3(l)(b) and (d) of Regulation (EEC) No 2737/73,
                                                                       or
 1.      If the obligation to export is not fulfilled, the
 security mentioned in Article 3 of Regulations (EEC)             — to make no award .
 No 3197/73 and (EEC) No 584/75 shall be forfeit in
 respect of a quantity equal to the difference between :          2. Where a maximum export refund is fixed a
 (a) 93 % of the net quantity indicated on the export             contract shall be awarded to any tenderer whose
       licence, and                                               tender indicates a rate of refund equal to or less than
                                                                  such maximum export refund and to any tenderer
 (b) the net quantity actually exported.                          who has tendered for an export levy.
 2.      However, if the quantity exported is less than
 7 % of the net quantity indicated on the licence, the            Where a minimum export levy is fixed a contract
 security shall be forfeit in its entirety.                       shall be awarded to any tenderer whose tender indi­
                                                                  cates a rate of levy equal to or greater than such
 3.      On request by the titular holder of the licence,         minimum export levy.
 Member States may release the security by instalments
 in proportion to the quantities of product for which
 proof of exportation as referred to in Article 7(1 ) of                                 Article 10
 Regulations (EEC) No 3197/73 and (EEC) No 584/75
 has been furnished, provided that such proof esta­               The rates used for converting into units of account
 blishes that a quantity equal to at least 7 % of the net          those   offers made  in  national  currencies and    for
 quantity indicated on the licence has been exported.              converting into national currencies the maximum
                                                                   refund or minimum levy as fixed in units of accounts
 (>) OJ No L 25, 31 . 1 . 1975, p. 10 .                            shall be :
 ---pagebreak--- 27. 9 . 75                      Official Journal of the European Communities                         No L 251 /7
— in the case of currencies held at any given                                     Article 11
    moment within a band of 2-25 % , the central rate,
— in all other cases the average spot exchange rate
    during a week ending on the Tuesday immediately         This Regulation shall enter into force on the day
    preceding the final date for the submission of          following its publication in the Official Journal of
    tenders.                                                the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 26 September 1975.
                                                                     For the Commission
                                                                       P.J. LARDINOIS
                                                                 Member of the Commission
 ---pagebreak--- No L 251 /8                     Official Journal of the European Communities                              27. 9 . 75
                                                      ANNEX
            Weekly tender for the levy/refund for the export of wholly milled long grain rice to third
                                                     countries
                           Expiry of the period for the submission of tenders (oate/time)
                                                          J
                      1                   2                                       3
                 Number of             Quantity               Amount of export levy in national currency
                   tender           in metric tons                         per metric ton
                      1
                      2
                      3                            \
                     4                             \
                      5                            l
                    etc.
                                                   I
                                                         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.