CELEX: 31973R3554
Language: en
Date: 1973-12-21 00:00:00
Title: Regulation (EEC) No 3554/73 of the Commission of 21 December 1973 on an invitation to tender for the export levy for husked long grained rice

No L 361 /44                            Official Journal of the European Communities                                29 . 12 . 73
                             REGULATION ( EEC) No 3554/ 73 OF THE COMMISSION
                                                     of 21 December 1973
                 on an invitation to tender for the export levy for husked long grained rice
THE COMMISSION OF THE EUROPEAN                                     tive period of validity of licences issued under the
COMMUNITIES,                                                       tendering procedure to successful tenderers will be
                                                                   identical ;
Having regard to the Treaty establishing the European
Economic Community ;                                               Whereas the smooth working of a procedure for
                                                                   tendering for export levies must be ensured ; whereas
Having regard to Council Regulation No 359/                        to this end it is appropriate to prescribe a minimum
67/ EEC (') of 25 July 1967 on the common organiza­                quantity as well as the period during which tenders
tion of the market in rice, as last amended by the Act             can be lodged and the form of the communication of
of Accession (2) ;                                                 tenders lodged with the competent authorities ;
                                                                   Whereas the measures provided for in this Regulation
Having regard to Council Regulation (EEC) No                       are in accordance with the Opinion of the Manage­
2737/73 (3) of 8 October 1973 laying down general                  ment Committee for Cereals,
rules to be applied in the event of the rice market
being disturbed , and in particular Article 4 (2)
thereof ;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas, having taken into account the current situa­
tion on the rice market, an invitation should be
issued, for husked long grained rice, to tender for the                                    Article I
export levy provided for in Article 2 ( 1 ), first indent of
Regulation ( EEC) No 2737/73 ;                                      1.   An invitation to tender shall be issued for the
                                                                   export levy provided for in Article 2 ( 1 ), first indent of
Whereas the detailed rules relating to the tendering                Council Regulation (EEC) No 2737/73 .
procedure to fix the export levy are contained in
Commission Regulation (EEC) No 3197/73 (4) of 23                    2 . The invitation shall relate to husked long
November 1973 establishing the conditions for the                  grained rice .
application of the system of tendering for export
levies for rice ;
                                                                    3 . The invitation is open until 29 March 1974.
                                                                    During this period weekly invitations shall be issued
Whereas, in order to allow the tenderers to have                    for which the time limits for lodging of offers shall be
paddy rice processed into husked rice or to consider                down in the notice of the tender.
contracts of longer duration , provision should be
 made for a special rule on the period of validity of the
export licences ;                                                                          Article 2
Whereas the objective of the tendering procedure can                A tender shall be valid only if it relates to an amount
be attained only if the successful tenderer fulfils all             of not less than 20 metric tons .
 the commitments entered            into at the moment of
 lodging his tender ; whereas among these commit­
 ments is the obligation to lodge an application for an                                    Article 3
 export licence ; whereas the security for tender
 exacted when the tender is lodged can ensure that this             An export licence issued in terms of this tender shall
 obligation is respected ; whereas in default this secu­            be valid for ninety days from its date of issue.
 rity shall not be released if such an application has
 not been made ;
                                                                                           Article 4
 Whereas, in order to ensure equal treatment to all inte­
 rested parties, it is necessary to provide that the effec­         When the commitment mentioned in Article 2 (3) (b)
                                                                    of Regulation (EEC) No 3197/73 is not respected the
 (')  OJ No 174, 31 . 7 . 1967, p . 1 .                             export licence shall not be issued and , in
 (l)  OJ No L 73 , 27 . 3 . 1972, p . 14.
 P    OJ No L 282, 9 . 1 I. 1973 , p . 13 .                         consequence, the security exacted under the provi­
 (■*) OJ No L 326, 27 . 11 . 1973 , p. 10 .                         sions of Article 3 of that Regulation shall be forfeit.
 ---pagebreak--- 29 . 12. 73                           Official- Journal of the European Communities                         No L 361 /45
                          Article 5                                                         Article 7
By way of derogation from the provisions of Article 8            The tenders lodged must reach the Commission
( 1 ) of Regulation (EEC) No 1 373/70 ('), the export             through the intermediary of Member States at the
licences issued under Article 8 ( 1 ) of Regulation (EEC)         latest one and a half hours after the end of the period
No 3197/73 shall be considered for the purpose of                 for the weekly lodging of tenders as provided for in
determining their period of validity as if they had               the notice of the tender. They must be communicated
been issued on the day on which the tender was                    in the form indicated in the Annex .
lodged .
                                                                  When there are no tenders, Member States shall
                          Article 6                               inform the Commission of this within the time limit
 1 . When the obligation to export has not been                   indicated in the preceding paragraph .
fulfilled, the security mentioned in Article 3 ( 1 ) of
Regulation (EEC) No 3197/73 shall be forfeit in                                             Article 8
respect of a quantity equal to the difference between :
(a) 93 % of the net quantity indicated on the export              During the period in which Summer Time applies in
      licence, and                                                Italy, the times fixed for the lodging of offers shall be
(b) the net quantity actually exported .                          regarded in that Member State as extended by one
2.      However, if the exported quantity is less than            hour. During the period during which Summer Time
7 % of the net quantity indicated on the licence, the             does not apply in the United Kingdom and in
security shall be forfeit in totality.                            Ireland, the times fixed for the lodging of offers shall
                                                                  be regarded in those Member States as brought
3 . On request by the titular holder, Member States               forward by one hour.
 may release parts of the security in proportion to the
quantities of product for which the proof of export, in
accordance with Article 7 ( 1 ) of Regulation (EEC) No                                      Article 9
 3197/73, has been delivered and in so far as that proof
 provides evidence that a quantity equal to at least 7 %          This Regulation shall enter into force on the day
 of the net quantity indicated on the licence has been            following its publication in the Official Journal of
 exported .                                                        the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 21 December 1973 .
                                                                             For the Commission
                                                                                 The President
                                                                            Francois-Xavier ORTOLI
 (') OJ No L 158 , 20 . 7. 1970, p. 1 .
 ---pagebreak--- No L 361 /46                        Official Journal of the European Communities                            29. 12 . 73
                                                            ANNEX
                              Weekly tender for the export levy for husked long grained rice
                                             NOTICE OF TENDER No . . .
             Expiry of the period for lodging tenders (idate/time).
                         l                            2                                   3
                  Numbering of the                                        Amount of export levy in national
                      tenders               Quantity in metric tons            currency per metric ton
                           1
                           2
                           3
                           4
                          5
                        etc.