CELEX: 31974R1638
Language: en
Date: 1974-06-27 00:00:00
Title: Regulation (EEC) No 1638/74 of the Commission of 27 June 1974 on an invitation to tender for the export levy for milled long grained rice

28 . 6. 74                            Official Journal of the European Communities                            No L 173/65
                           REGULATION (EEC) No 1638/74 OF THE COMMISSION
                                                      of 27 June 1974
                 on an invitation to tender for the export levy for milled long grained rice
THE COMMISSION OF THE EUROPEAN                                   HAS ADOPTED THIS REGULATION :
COMMUNITIES,
                                                                                          Article 1
Having regard to the Treaty establishing the European
Economic Community ;                                             1.      An invitation to tender shall be issued for the
                                                                 export levy provided for in Article 2(1 ), first indent of
Having regard to Council Regulation No 359/                      Council Regulation (EEC) No 2737/73 .
67/EEC (1) of 25 July 1967 on the common organiza­
tion of the market in rice, as last amended by the Act           2.      The invitation shall relate to milled long grained
                                                                 rice .
of Accession (2) ;
                                                                 3 . The invitation is open until 9 August 1974.
Having regard to Council Regulation (EEC) No                     During this period weekly invitations shall be issued
2737/73 (3) of 8 October 1973 laying down general                for which the time limits for lodging of offers shall be
rules to be applied in the event of the rice market              laid down in the notice of the tender.
being disturbed, and in particular Article 4 (2) thereof ;
                                                                 4. By way of derogation from Article 1 (2) of Regula­
Whereas, having taken into account the current situa­            tion (EEC) No 3197/73, the period which is required
tion on the > rice market, an invitation should be               between publication of the notice of tender and the
issued, for milled long grained rice, to tender for the          first date fixed for the deposit of tenders shall be 10
export levy provided for in Article 2(1 ) first indent of        days.
Regulation (EEC) No 2737/73 ;
                                                                                          Article 2
Whereas the detailed rules relating to the tendering
procedure to fix the export levy are contained in                A tender shall be valid only if it relates to an amount
Commission Regulation (EEC) No 3197/73 (4) of 23                 of not less than 20 metric tons.
November 1973 establishing the conditions for the
application of the system of tendering for export                                         Article 3
levies for rice ;
                                                                 When the commitment mentioned in Article 2(3)(b)
Whereas the objective of the tendering procedure can             of Regulation (EEC) No 3197/73 is not respected the
be attained only if the successful tenderer fulfils all          export licence shall not be issued and, in
the commitments entered into at the moment of                    consequence, the security exacted under the provi­
lodging his tender ; whereas among these commit­                 sions of Article 3 of that Regulation shall be forfeit.
ments is the obligation to lodge an application for an
export licence ; whereas the security for tender                                          Article 4
exacted when the tender is lodged can ensure that this
obligation is respected ; whereas in default this secu­           1 . When the obligation to export has not been
rity shall not be released if such an application has            fulfilled, the security mentioned in Article 3(1 ) of
not been made ;
                                                                 Regulation (EEC) No 3197/73 shall be forfeit in
                                                                 respect of a quantity equal to the difference between :
Whereas the smooth working of a procedure for
tendering for export levies must be ensured ; whereas            (a) 93 % of the net quantity indicated on the export
to this end it is appropriate to prescribe a minimum                   licence, and
quantity as well as the period during which tenders              (b) the net quantity actually exported.
can be lodged and the form of the communication of
tenders lodged with the competent authorities ;                  2. However, if the exported quantity is less than
                                                                 7 % of the net quantity indicated on the licence, the
Whereas the measures provided for in this Regulation             security shall be forfeit in totality.
are in accordance with the Opinion of the Manage­                3 . On request by the titular holder, Member States
ment Committee for Cereals,
                                                                 may release parts of the security in proportion to the
                                                                 quantities of product for which the proof of export, in
(') OJ  No 174, 31 . 7. 1967, p. 1 .                             accordance with Article 7 ( 1 ) of Regulation (EEC) No
(*) OJ  No L 73, 27. 3 . 1972, p. 14.
(>) OJ  No L 282, 9. 10. 1973, p. 13 .                           3197/73, has been delivered and in so far as that proof
(4) OJ  No L 326, 27. 11 . 1973, p. 10.                          provides evidence that a quantity equal to at least 7 %
 ---pagebreak--- No L 173/66                       Official Journal of the European Communities                              28 . 6. 74
of the net quantity indicated on the licence has been                                 Article 6
exported.                                                    During the period in which Summer Time applies in
                                                             Italy, the times fixed for the lodging of offers shall be
                       Article 5                            regarded in that Member State as extended by one
The tenders lodged must reach the Commission                hour. During the period during which Summer Time
through the intermediary of Member States at the            does not apply in the United Kingdom and in
latest one and a half hours after the end of the period      Ireland, the times fixed for the lodging of offers shall
                                                            be regarded in those Member States as brought
for the weekly lodging of tenders as provided for in         forward by one hour.
the notice of the tender. They must be communicated
in the form indicated in the Annex.                                                   Article 7
When there are no tenders, Member States shall              This Regulation shall enter into force on the day
inform the Commission of this within the time limit         following its publication in the Official Journal of
indicated in the preceding paragraph.                        the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 27 June 1974.
                                                                       For the Commission
                                                                           The President
                                                                      Francois-Xavier ORTOLI
 ---pagebreak--- 28. 6. 74                       Official Journal of the European Communities                              No L 173/67
                                                       ANNEX
                            Weekly tender for the export levy for milled long grained rice
                             Notice of invitation published in Official Journal No
          Expiry 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.