CELEX: 31974R0813
Language: en
Date: 1974-04-05
Title: Regulation (EEC) No 813/74 of the Commission of 5 April 1974 on an invitation to tender for the levy for export of milled long grained rice to certain third countries

6 . 4. 74                             Official Journal of the European Communities                              No L 96/ 11
                             REGULATION (EEC) No 813/74 OF THE COMMISSION
                                                      of 5 April 1974
              on an invitation to tender for the levy for export of milled long grained rice to
                                                  certain third countries
THE COMMISSION OF THE EUROPEAN                                   Whereas the fixing of an export levy by means of a
COMMUNITIES,                                                     tendering procedure must permit better management
                                                                 of the market ; whereas this objective could be jeopar­
Having regard to the" Treaty establishing the European           dized by too short a period of validity for the export
Economic Community ;                                             licence ; whereas use should therefore be made of the
                                                                 possibility provided for in the second subparagraph of
Having regard to Council Regulation No 359/                      Article 1 ( 1 ) of Regulation (EEC) No 3197/73 by
67/EEC ( 1 ) of 25 July 1967 on the common organiza­             fixing a special period of validity for licences, issued
tion of the market in rice, as last amended by the Act           under this invitation to tender ;
of Accession (2) ;
Having regard to Council Regulation (EEC) No                     Whereas the smooth working of a procedure for
2737/73 (3) of 8 October 1973 laying down general                tendering for export levies must be ensured ; whereas
rules to be applied in the event of the rice market              to this end it is appropriate to prescribe a minimum
being disturbed, and in particular Article 4 thereof ;           quantity as well as the period during which tenders
                                                                 can be lodged and the form of the communication of
Whereas the world market in rice is characterized by             tenders lodged with the competent authorities ;
an increase in prices due to an imbalance between the
quantity on offer and the demand ; whereas, as a result          Whereas the measures provided for in this Regulation
of this, the supply of certain traditional export                are in accordance with the Opinion of the Manage­
markets for milled long grained rice of the Commu­               ment Committee for Cereals,
nity is threatened ; whereas, with the aim of
improving this situation, an invitation should be
issued, for milled long grained rice, to tender for the
export levy provided for in Article 2(1 ), first indent, of       HAS ADOPTED THIS REGULATION :
Regulation (EEC) No 2737/73 for the markets
concerned which are situated in the Zone V provided
for in the Annex to Commission Regulation (EEC)
No 941 /72 (4) of 5 May 1972, redefining the destina­                                     Article 1
tion zones for export refunds on cereals and rice ;
                                                                  1.    An invitation to tender shall be issued for the
Whereas the detailed rules to the tendering procedure             export levy provided for in Article 2 ( 1 ), first indent, of
to fix the export levy are contained in Commission                Council Regulation (EEC) No 2737/73 .
 Regulation (EEC) No 3197/73 (5) of 23 November
 1973 establishing the conditions for the application of
 the system of tendering for export levies for rice ;             2. The invitation shall relate to milled long grained
                                                                  rice for export to countries of the Zone V provided for
Whereas the objective of the tendering procedure can              in the Annex to Regulation (EEC) No 941 /72.
 be attained only if a successful tenderer fulfils all the
 commitments entered into at the moment of lodging                3 . The invitation is open until 31 May 1974.
 his tender ; whereas among these commitments is the              During this period weekly invitations shall be issued
 obligation to lodge an application for an export                 for which the time limits for lodging of tenders shall
 licence ; whereas the security for tender exacted when           be laid down in the notice of the tender.
 the tender is lodged can ensure that this obligation is
 respected ;                                                      4.    By way of derogation from Article 1 (2) of Regula­
 Whereas, in order to ensure equal treatment to all in­           tion (EEC) No 3197/73, the period which is required
 terested parties, it is necessary to provide that the effec­     between publication of the notice of tender and the
 tive period of validity of licences issued under the             first date fixed for the deposit of tenders shall be 10
 tendering procedure to successful tenderers will be              days.
 indentical ;
 (>) OJ No 174, 31 . 7. 1967, p. 1 /67.                                                   Article 2
 $ OJ No L 73, 27. 3. 1972, p. 14.
 (3) OJ No L 282, 9. 10. 1973, p. 13.
 (♦) OJ No L 107, 6. 5. 1972, p. 10.                              A tender shall be valid only if it relates to an amount
 (S) OJ No L 326, 23. 11 . 1973, p. 10,                           of not less than 250 metric tons .
 ---pagebreak--- No L 96/ 12                               Official Journal of the European Communities                               6 . 4 . 74
                          Article 3                                  the meaning of the previous paragraph for a period of
                                                                     ninety days.
1 . By way of derogation from the provisions of
Article 3(1 ), second subparagraph of Regulation (EEC)                                          Article 7
3197/73, the security to be lodged under this invita­
tion to tender must be equal to 50 % of the export                   1 . When the obligation to export to the destination
levy proposed by the tenderer concerned and may not                  provided for has not been fulfilled, the security
be less than 15 units of account per metric ton .                    mentioned in Article 3(1 ) shall be forfeit in respect of
                                                                     a quantity equal to the difference between (a) 93 % of
2. By way of derogation from the provisions of                       the net quantity indicated on the export licence, and
Article 7(1 ) of Regulation (EEC) No 3197/73 and                    (b) the net quantity actually exported.
except in cases of force majeure, the security provided
for in paragraph 1 shall only be released in respect of              2.    However, if this exported quantity is less than
the quantity for which the tenderer has provided                     7 % of the net quantity indicated on the licence, the
proof that it has been put into free circulation in one              security shall be forfeit in totality.
of the countries of the zone referred to in Article 1 (2),           3.    On request by the titular holder, Member States
or for which the tender has not been pursued.                        may release parts of the security in proportion to the
The proof referred to in the previous subparagraph                   quantities of product for which the proof referred to
shall be provided by the production of the customs                   in the second subparagraph of Article 3 (2) has been
document or a copy or photocopy thereof certified as                 delivered and in so far as that provides evidence that a
true by the competent authorities.                                   quantity equal to at least 7 % of the net quantity indi­
                                                                     cated on the licence has been exported to the destina­
The security shall be released immediately.                          tion in question .
                          Article 4                                                             Article 8
The application for a licence and the licence shall                  The tenders lodged must reach the Commission
have indicated in Box 13 the destination zone referred               through the intermediary of Member States at the
to in Article 1 (2).                                                 latest one and a half hours after the end of the period
                                                                     for the weekly lodging of tenders as provided for in
The licence shall oblige the holder to export to that
destination .
                                                                     the notice of the tender. They must be communicated
                                                                     in the form indicated in the Annex .
                          Article 5                                  When there are no tenders , Member States shall
                                                                     inform the Commission of this within the time limit
When the commitment mentioned in Article 2 (3) (b)                   indicated in the preceding paragraph .
of Regulation ( EEC) No 3197/73 is not respected the
export licence shall not be issued and, in                                                      Article 9
consequence, the security exacted under the provi­
sions of Article 3 of that Regulation shall be forfeit.              During the period in which Summer Time applies in
                                                                     Italy, the times fixed for the lodging of offers shall be
                          Article 6                                  regarded in that Member State as extended by one
                                                                     hour. During the period during which Summer Time
1 . By way of derogation from the provisions of Article              does not apply in the United Kingdom and in
8(1 ) of Regulation ( EEC) No 1373/70 ('), the export                Ireland, the times fixed for the lodging of offers shall
licences issued under Article 8 ( 1 ) of Regulation (EEC)            be regarded in those Member States as brought
No 3197/73 shall be considered for the purpose of                    forward by one hour.
determining their period of validity, as if they had
been issued on the day on which the tender was                                                  Article 10
lodged .
                                                                     This Regulation shall enter into force the day
2. Export licenses issued under this invitation to                   following its publication in the Official Journal of
tender shall be valid from their date of issue , within               the Euro/yean Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 5 April 1974.
                                                                                For the Commission
                                                                                    The President
                                                                             . Francois-Xiivier ORTOU
(') OJ No L 158 , 20 . 7 . 1970 , p . 1 .
 ---pagebreak--- 6 . 4 . 74                  Official Journal of the European Communities                              No L 96/13
                                                   ANNEX
                 Weekly tender for the levy for export of milled long grained rice in the Zone V
                             Exipiry of the period for lodging tenders (date/time)
                  1                    2                                       3
           Numbering of the         Quantity               Amount of export levy in national currency
              tenders            in metric tons                         per metric ton
                  1
                 2
                 3
                 4
                 5
                etc.