CELEX: 31990R2132
Language: en
Date: 1990-07-26 00:00:00
Title: Commission Regulation (EEC) No 2132/90 of 25 July 1990 authorizing the Italian intervention agency to put up for sale by tender 50 000 tonnes of paddy rice for export as milled rice

26. 7 . 90                               Official Journal of the European Communities                            No L 195/9
                                    COMMISSION REGULATION (EEC) No 2132/90
                                                         of 25 July 1990
                 authorizing the Italian intervention agency to put up for sale by tender 50 000
                                       tonnes of paddy rice for export as milled rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                                  Article 2
Having regard to the Treaty establishing the European
Economic Community,                                                 1 . The invitation to tender shall be open from 30 July
                                                                   to 30 September 1990.
Having regard to Council Regulation (EEC) No 1418/76
of 21 June 1976 on the common organization of the
market in rice ('), as last amended by Regulation (EEC)             2. The paddy rice awarded must be converted into
No 1806/89 (2), and in particular Article 5 (3) thereof,           milled rice for human consumption and exported to a
                                                                    destination in zones I to VI or VIII (excluding Guyana,
Whereas Article 3 of Council Regulation (EEC) No                   Madagascar and Surinam) as indicated in Annex I to
 1424/76 of 21 June 1976 laying down general rules for              Commission Regulation (EEC) No 11 24/77 (6).
intervention on the market in rice (3), as amended by
Regulation (EEC) No 1908/87 (4), stipulates that rice held
by intervention agencies is to be sold by tender ;                 Tenders shall not be valid unless accompanied by :
Whereas Commission Regulation (EEC) No 471 /76 0                   — an application for an export licence for milled rice in
lays down the procedures and conditions of sale for paddy                bulk or packages holding more than five kilograms of
rice held by intervention agencies ;                                     CN code 1006 30 94 and/or 1006 30 96 together with
                                                                         an application for advance fixing of the refund,
Whereas on 28 June 1990 Italy notified the Commission
of its wish to sell for export from the Community in the           — evidence that the tenderer has lodged security of ECU
form of milled rice 50 000 tonnes of paddy rice held by                  30 per tonne,
its intervention agency ; whereas this request may be
approved ;                                                         — a written undertaking to lodge, on payment for the
                                                                         rice at the latest, security covering the difference
Whereas the quantity of milled rice to be exported                       between the intervention price applicable during the
following treatment of the paddy rice sold should be                     month in which the contract is awarded and the
specified ;                                                              minimum price set in Article 3 .
Whereas to ensure that the operation is carried out
smoothly and a disturbance of the market avoided it                 3.     A successful tenderer shall pay for the rice before
should be stipulated that securities are to be released only        removal and at the latest within one month of the date of
after completion of customs export fomalities ;                     the notification of award sent to him by the intervention
                                                                    agency.
Whereas Italy will take all further action compatible with
the provision in force to ensure that the operation runs
smoothly and will inform the Commission thereof ;                  The intervention agency shall notify successful tenderers
                                                                   within three days of the timelimit for submission of
Whereas the measures provided for in this Regulation are            tenders.
in accordance with the opinion of the Management
Committee for Cereals,
                                                                    If the rice is not removed during the month in which the
                                                                   contract is awarded the price to be paid shall be raised by
HAS ADOPTED THIS REGULATION :
                                                                   a monthly increase for each month.
                           Article 1
                                                                    Risks and storage costs for rice not removed within the
                                                                    time limit for payment shall be the responsibility of the
                                                                   successful! tenderer.
The Italian intervention agency is authorized to put up
for sale by tender on the Community market 50 000
tonnes of paddy rice held by it                                    4. If the successful tenderer has not paid for rice within
                                                                   the specified time limit the contract shall be annulled by
(l) OJ  No  L 166, 25. 6. 1976, p. 1 .                             the intervention agency in respect of the unpaid quanti­
O   OJ  No  L 177, 24. 6. 1989, p. 1 .                              ties.
0   OJ  No  L 166, 25. 6. 1976, p. 24.
(4) OJ  No  L 182, 3. 7. 1987, p. 53.
0   OJ  No  L 104, 24. 8 . 1967, p. 12.                            (s) OJ No L 134, 28 . 5. 1977, p. 53 .
 ---pagebreak--- No L 195/ 10                          Official Journal of the European Communities                               26. 7. 90
                          Article 3                             — in respect of quantities for which the tender has not
                                                                     been accepted,
The minimum selling price shall be ECU 235,86 per               — in all other cases, in line with the requirements of
tonne .
                                                                     Title V of Commission Regulation (EEC) No
                                                                     2220/85 (2).
                          Article 4                             The primary requirement as defined in Article 20 of
                                                                Regulation (EEC) No 2220/85 shall be payment of the
1.    By way of derogation from ARticle 21 (1) of               selling price.
Commission Regulation (EEC) No 3719/88 (') export
licenses issued shall, for determination of their period of     2. The security indicated at the third indent of the
validity, be deemed to have been issued on the date of          second subparagraph of Article 2 (2) shall be released in
submission of the tender.                                       respect of the corresponding quantities of milled rice for
                                                                which evidence of exportation is furnished.
2. Export licences issued in connection with the                The primary requirement as defined in Article 20 of
present tendering procedure shall carry the following           Regulation (EEC) No 2220/85 shall be exportation of the
entry in section 22 :                                           milled rice within the set time limit under cover of the
Tendering procedure opened by Regulation (EEC) No               export licence indicated in Article 4. The evidence to be
2132/90 — Tender of . .                                         furnished shall be that applicable for the security for the
                                                                export licence issued following award of the contract.
                          Article 5                                                        Article 7
The quantity of milled rice to be exported shall be deter­      The Italian intervention agency shall take all necessary
mined by applying to the quantity of paddy rice awarded         action to ensure compliance with the provisions of this
a coefficient based on the milling yields recorded when         Regulation and shall immediately inform the Commis­
the rice was taken into intervention and indicated for          sion thereof. It shall also inform the Commission each
each lot in the call for tenders published by the interven­     week through the Management Committee for Cereals of
tion agency.                                                    the progress of the sale by tender.
                                                                                           Article 8
                          Article 6
                                                                This Regulation shall enter into force on the day of its
1 . The security indicated in the second indent of the          publication in the Official Journal of the European
second subparagraph of Article 2 (2) shall be released :         Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 25 July 1990.
                                                                          For the Commission
                                                                           Ray MAC SHARRY
                                                                      Member of the Commission
(<) OJ No L 331 , 2. 12. 1988, p. 1 .                            (2) OJ No L 205, 3 . 8 . 1985, p. 5.