CELEX: 31976R2416
Language: en
Date: 1976-10-05 00:00:00
Title: Commission Regulation (EEC) No 2416/76 of 5 October 1976 on an invitation to tender for the refund for the export of wholly milled long grain rice to certain third countries

6. 10 . 76                               Official Journal of the European Communities                           No L 273 / 5
                                    COMMISSION REGULATION ( EEC) No 2416/76
                                                       of 5 October 1976
              on an invitation to tender for the refund for the export of wholly milled long
                                             grain rice to certain third countries
THE COMMISSION OF THE EUROPEAN                                     export refunds ; whereas to this end it is appropriate
COMMUNITIES,                                                       to prescribe a minimum quantity to be tendered for
                                                                   and a time limit and form for the submission of
                                                                    tenders to the competent authorities ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                    Whereas the second subparagraph of Article 1 ( 1 ) of
Having regard to Council (EEC) No 1418 /76 of 21                    Commission Regulation (EEC) No 584/75 provides
June 1976 on the common organization of the market                  that invitations to tender for the export refund shall
in rice ('),                                                        be open on equal terms to all persons established
                                                                    within the Community ; whereas, by reason of the
                                                                    differing monetary circumstances in the various
Having regard to Council Regulation (EEC) No                        Member States , satisfaction of this condition cannot
1431 /76 of 21 June 1976 laying down general rules                  be ensured by the application of the exchange rates
for granting export refunds on rice and criteria for                applicable for the purposes of the common agricul­
fixing the amount of such refunds (2),                              tural policy, since monetary compensatory amounts
                                                                    do not apply in the rice sector ; whereas it is therefore
Whereas, having regard to the current situation on the              advisable to make provision for each tender to be
rice market, there should be opened in respect of                   dealt with according to the situation of the currency
                                                                    in which it is submitted ;
wholly milled long grain rice an invitation to tender
for the export refund provided for in Article 4 of Regu­
lation (EEC) No 1431 /76 ;
                                                                     Whereas the measures , provided for in this Regulation
                                                                    are in accordance with the opinion of the Manage­
Whereas certain countries close to the rice-growing                  ment Committee for Cereals ,
 regions of the Community, namely Austria, Liechten­
stein and Switzerland, are expected to supply them­
selves with Community rice within the framework of
general refunds specifically fixed for those countries ;
whereas they should therefore be excluded from the
 present tender ;
                                                                     HAS ADOPTED THIS REGULATION :
 Whereas the detailed rules governing invitations to
 tender are as regards the export refund contained in
 Commission Regulation (EEC) No 584/75 of 6 March
 1975 laying down detailed rules for the application of                                     Article 1
 the system of tendering for export refunds on rice (3 ) ;
 Whereas the objective of the tendering procedure can                1 . Tenders shall be invited for the export refund
 be attained only if every successful tenderer fulfils all           provided for in Article 4 of Regulation (EEC) No
 the commitments entered into by him when submit­                    1431 / 76 .
 ting his tender ; whereas these commitments include
 an obligation to lodge an application for an export
 licence ; whereas compliance with this obligation may               2 . The invitation to tender shall relate to wholly
 be ensured by requiring the tenderer to give security               milled long grain rice for export to all third countries
 when submitting his tender ;                                        except Austria, Liechtenstein and Switzerland .
 Whereas provision must be made to ensure the
 smooth operation of the procedure for tendering for                 3 . The invitation shall remain open until 23
                                                                     December 1976 . During this period weekly awards
                                                                     shall be made , the time limits for the submission of
 (•) OJ No L 166, 25 . 6 . 1976, p. 1 .
 (2 ) OJ No L 166, 25 . 6 . 1976, p. 36 .                            tenders to be prescribed in the notice of invitation to
 (3 ) OJ No L 61 , 7 . 3 . 1975, p. 25 .                             tender .
 ---pagebreak--- No L 273 / 6                            Official Journal of the European Communities                              6. 10 . 76
                          Article 2                                                           Article 7
A tender shall be valid only if it relates to an amount            1 . If the obligation to export is not fulfilled, the
of not less than 20 metric tons .
                                                                  security mentioned in Article 3 of Regulation (EEC)
                                                                  No 584/75 shall be forfeit in respect of a quantity
                          Article 3                               equal to the difference between :
1 . The security referred to in Article 3 of Regula­              (a) 93 % of the net quantity indicated on the export
tion (EEC) No 584/75 shall be 10 units of account per                   licence, and
metric ton .
                                                                  (b) the net quantity actually exported.
2. By way of derogation from Article 7 ( 1 ) of Regu­
lation (EEC) No 584/75, the security provided for in               2. However, if the quantity exported is less than
paragraph 1 shall , subject to force majeure, be released          7 % of the net quantity indicated on the licence, the
only in respect of any quantity for which the tender               security shall be forfeit in its entirety.
was not accepted or for which the tenderer furnishes
proof of arrival at its destination, such proof to be              3. On request by the titular holder of the licence,
furnished as provided in the second, third and fifth               Member States may release the security by instalments
subparagraphs of Article 11 ( 1 ) of Regulation (EEC)              in proportion to the quantities of product for which
No 1 92/75 (').                                                    proof of exportation as referred to in Article 7 ( 1 ) of
                                                                   Regulation (EEC) No 584/75 has been furnished,
                          Article 4
                                                                   provided that such proof establishes that a quantity
                                                                   equal to at least 7 % of the net quantity indicated on
Section 1 2 of the licence application and of the                  the licence has been exported.
licence itself shall bear one of the following endorse­
ments, preceded by an asterisk corresponding to the
asterisk entered in section 13 :                                                              Article 8
'valid for countries other than Austria, Liechtenstein             The tenders submitted must reach the Commission
and Switzerland' ;                                                 through the intermediary of Member States at the
 gaeldende for alle lande undtagen 0strig, Liechten­               latest one and a half hours after expiry of the period
stein og Schweitz' ;                                               for weekly submission of tenders as specified in the
'gültig für alle Länder außer Österreich, Liechtenstein            notice of invitation to tender. They must be communi­
und der Schweiz' ;                                                 cated in the form indicated in the Annex hereto .
'valable pour les pays autres que 1 Autriche, le Liech­
                                                                   If no tenders are received, Member States shall inform
tenstein et la Suisse' ;
                                                                   the Commission of this within the time limit indi­
'valida per i paesi terzi tranne 1 Austria, il Liechten­           cated in the preceding paragraph .
stein e la Svizzera' ;
 geldig voor alle landen behalve Oostenrijk, Liechten­
steinen en Zwitserland'.                                                                      Article 9
The issue of a licence shall carry with it the obligation          The times fixed for the submission of tenders shall
to export to countries concerned .                                 be :
                           Article 5                               — one       hour   earlier  in   Ireland and the  United
                                                                        Kingdom outside the period of summer time in
If a tenderer fails to comply with the undertaking                      those Member States,
given by him pursuant to Article 2 (3) (b) of Regula­              — one hour later in the case of other Member States
tion (EEC) No 584/75, no export licence shall be
                                                                        when they adopt a period of summer time.
issued and the security lodged pursuant to Article 3 of
that Regulation shall accordingly be forfeit.
                                                                                              Article 10
                           Article 6
                                                                    1 . By way of derogation from Article 5 of Regula­
 By way of derogation from the provisions of Article 9             tion (EEC) No 584/75, the Commission shall decide,
( 1 ) and (2) of Regulation (EEC) No 193/75 (2), export
                                                                   under the procedure laid down in Article 27 of Regula­
licences issued under Article 8 ( 1 ) of Regulation (EEC)          tion (EEC) No 1418/76 :
 No 584/75 shall for the purpose of determining their
 period of validity be deemed to have been issued on               — to fix a maximum export refund, taking account in
the day on which the tender was submitted .                              particular of the criteria laid down in Articles 2
                                                                         and 3 of Regulation (EEC) No 1431 /76 ; or
(>) OJ No L 25, 31 . 1 . 1975, p. 1 .
(2 ) OJ No L 25, 31 . 1 . 1975, p. 10 .                            — to make no award .
 ---pagebreak--- 6 . 10 . 76                          Official Journal of the European Communities                               No L 273/7
2. Where a maximum export refund is fixed a                        — in the case of currencies held at any given
contract shall be awarded to any tenderer whose                         moment within a band of 2-25 % , the central rate,
tender indicates a rate of refund equal to or less than            — in all other cases the average spot exchange rate
such maximum export refund.                                             during a week ending on the Tuesday immediately
                                                                        preceding the final date for the submission of
                          Article 11                                    tenders .
The rates used for converting into units of account                                               Article 12
those offers made in national currencies and for                   This Regulation shall enter into force on the day
converting into national currencies the maximum                    following its publication in the Official Journal of
refund as fixed in units of account shall be :                     the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 5 October 1976 .
                                                                               For the Commission
                                                                                  P.J. LARDINOIS
                                                                          Member of the Commission
                                                             ANNEX
             Weekly tender for the refund for the export of wholly milled long grain rice to certain
                                                         third countries
                                  Expiry of the period for the submission of tenders (date/ time)
                           I                    2
                      Number of              Quantity                Amount of export levy in national currency
                        tender            in metric tons                          per metric ton
                           1
                          2
                          3
                          4
                           5
                         etc.