CELEX: 31975R0783
Language: en
Date: 1975-03-27 00:00:00
Title: Regulation (EEC) No 783/75 of the Commission of 26 March 1975 on an invitation to tender for the levy and/or the refund for the export of husked round grain rice to third countries

27 . 3 . 75                              Official Journal of the European Communities                           No L 78 /3
                                 REGULATION (EEC) No 783/75 OF THE COMMISSION
                                                          of 26 March 1975
                 on an invitation to tender for the levy and/or the refund for the export of husked
                                                round grain rice to third countries
 THE COMMISSION OF THE EUROPEAN                                      ting his tender ; whereas these commitments include
 COMMUNITIES,                                                        an obligation to lodge an application for an export
                                                                     licence ; whereas compliance with this obligation may
  Having regard to the Treaty establishing the European              be ensured by requiring the tenderer to give security
  Economic Community ;                                               when submitting his tender ;
  Having regard to Council Regulation No 359/                        Whereas, in order to ensure equal treatment to all
 67/ EEC (') of 25 July 1967 on the common organiza­                 concerned, it is necessary to make provision such that
 tion of the market in rice, as last amended by Regula­              the effective period of validity of licences issued to
 tion (EEC) No 476/75 (2) ;                                          successful tenderers in connection with the invitation
                                                                     to tender is identical ;
 Having regard to Council Regulation (EEC) No
 2737/73 (3) of 8 October 1973 laying down general
                                                                     Whereas provision must be made to ensure the
 rules to be applied in the event of the rice market
                                                                     smooth operation of the procedure for tendering for
 being disturbed, as last amended by Regulation (EEC)
                                                                     export levies and refunds ; whereas to this end it is
 No 477/75 (4), and in particular Article 4 (2) thereof ;
                                                                     appropriate to prescribe a minimum quantity to be
                                                                     tendered for and a time limit and         form    for the
 Having regard to Council Regulation No 366/
 67/EEC (5) of 25 July 1967 laying down general rules                communication of tenders submitted to the compe­
                                                                     tent authorities ;
 for granting export refunds on rice and criteria for
 fixing the amount of such refunds, as last amended by
 Regulation (EEC) No 478 /75 (6), and in particular                  Whereas the second subparagraph of Article 1 ( 1 )
 Article 3a thereof ;                                                respectively of Commission Regulations (EEC) No
                                                                     3197/73 and (EEC) No 584/75 provides that invita­
 Whereas, having regard to the current situation on the              tions to tender for the export levy and/or refund shall
 rice market, there should be opened in respect of                   be open on equal terms to all persons established
 husked round grain rice an invitation to tender for the             within the Community ; whereas by reason of the
 export levy provided for in the first indent of Article             differing monetary circumstances in the various
 2(1 ) of Regulation (EEC) No 2737/73 and for the                    Member States, the satisfaction of this condition
 export refund provided for in Article 3a of Regulation              cannot be ensured by the application of the exchange
 No 366/67/ EEC ;                                                    rates applicable for the purposes of the common agri­
                                                                     cultural policy, since monetary compensatory amounts
 Whereas the detailed rules governing invitations to                 do not apply in the rice sector ; whereas it is therefore
 tender are as regards the export levy contained in                  advisable to make provision for the effects of the
 Commission Regulation (EEC) No 3197/73 (7) of 23                    monetary situation to be taken into account in respect
 November 1973 establishing the conditions for the                   of each tender ;
 application of the system of tendering for export
 levies on rice, as last amended by Regulation (EEC)                 Whereas the Monetary Committee will be consulted ;
 No 583/75 (8), and as regards the export refund in
 Commission Regulation (EEC) No 584/75 (9) of 6                      Whereas the measures provided for in this Regulation
March 1975 laying down detailed rules for the applica­               are in accordance with the Opinion of the Manage­
 tion of the system of tendering for export refunds on               ment Committee for Cereals,
 rice ;
Whereas the objective of the tendering procedure can
be attained only if every successful tenderer fulfils all            HAS ADOPTED THIS REGULATION :
the commitments entered into by him when submit­
(>) OJ No 174, 31 . 7. 1967, p. 1 .                                                           Article 1
(2) OJ No L 52, 28 . 2. 1975, p. 31 .
Is) OJ No L 282, 9. 10. 1973, p. 13.
 4  OJ    No  L 52, 28 . 2. 1975, p. 33 .                            1 . Tenders shall be invited for the export levy
(5) OJ    No  174, 31 . 7 . 1967, p . 34.                            provided for in the first indent of Article 2(1 ) of
(6) OJ    No  L 52, 28 . 2. 1974, p. 34.                             Council Regulation (EEC) No 2737/73 and/or the
O   OJ    No  L 326, 27. 11 . 1973 , p . 10 .
(8) OJ    No  L 61 , 7. 3 . 1975, p . 24.                            export refund provided for in Article 3a of Regulation
H   OJ    No  L 61 , 7. 3 . 1975, p. 25 .                            No 366/ 67/ EEC .
 ---pagebreak--- No L 78 /4                             Official Journal of the European Communities                               27 . 3 . 75
2.       The invitation to tender shall relate to husked         blishes that a quantity equal to at least 7 % of the net
round grain rice.                                                quantity indicated on the licence has been exported .
3. The invitation shall remain open until 29 May
1975. During this period weekly awards shall be                                             Article 7
made, the time limits for the submission of tenders to
be as prescribed in the notice of invitation to tender.          The tenders submitted must reach the Commission
                                                                  through the intermediary of Member States at the
                                                                  latest one and a half hours after expiry of the period
                            Article 2
                                                                  for the weekly submission of tenders as specified in
                                                                  the notice of invitation to tender. They must be
A tender shall be valid only if it relates to an amount           communicated in the form indicated in the Annex
of not less than 20 metric tons .
                                                                  hereto .
                            Article 3                             If no tenders are received, Member States shall inform
                                                                  the Commission of this within the time limit indi­
The security referred to in Article 3 of Regulation               cated in the preceding paragraph .
(EEC) No 3197/73 and of Regulation (EEC) No
584/75 shall be 10 units of account per metric ton .
                                                                                            Article 8
                            Article 4
                                                                   During the period in which Summer Time applies in
                                                                   Italy, the times fixed for the submission of tenders
If a tenderer fails to comply with the undertaking                shall be regarded in that Member State as extended by
given by him pursuant to Article 2 (3) (b) of the Regu­           one hour. During the period during which Summer
lations referred to in the preceding Article, no export           Time does not apply in the United Kingdom and in
 licence shall be issued and the security lodged                   Ireland, the times fixed for the submission of tenders
 pursuant to Article 3 of those Regulations shall accord­          shall be regarded in those Member States as brought
 ingly be forfeit.                                                 forward by one hour.
                            Article 5
                                                                                            Article 9
 By way of derogation from the provisions of Article
 8 ( 1 ) and (2) of Regulation (EEC) No 193/75 ('), export         1 . By way of derogation from Article 5 of Regula­
 licences issued under Article 8 ( 1 ) of Regulation (EEC)         tions ( EEC) No 3197/73 and (EEC) No 584/75, the
 No 3197/73 or under the like provision of Regulation              Commission shall decide, under the procedure laid
 (EEC) No 584/75 shall for the purpose of determining              down in Article 26 of Regulation No 359/ 67/ EEC ;
 their period of validity be deemed to have been issued
                                                                   — to fix a maximum export refund, taking account in
 on the day on which the tender was submitted .
                                                                        particular of the criteria laid down in Articles 2
                                                                        and 3 of Regulation No 366/67/ EEC, or
                            Article 6
                                                                   — to fix a minimum export levy, taking account in
                                                                        particular of the criteria laid down in Article 3(1 )
  1.      If the obligation to export is not fulfilled, the             (b) and (d) of Regulation ( EEC) No 2737/73, or
 security mentioned in Article 3 of Regulations ( EEC)
  No 3197/73 and (EEC) No 584/75 shall be forfeit in               — to make no award .
  respect of a quantity equal to the difference between :
                                                                    2. Where a maximum export refund is fixed a
 (a) 93 % of the net quantity indicated on the export               contract shall be awarded to any tenderer whose
        licence,                                                    tender indicates a rate of refund equal to or less than
 (b) and the net quantity actually exported .                       such maximum export refund and to any tenderer
                                                                    who has tendered for an export levy.
  2. However, if the quantity exported is less than
  7 % of the net quantity indicated on the licence, the             Where a minimum export levy is fixed a contract
  security shall be forfeit in its entirety.                        shall be awarded to any tenderer whose tender indi­
                                                                    cates a. rate of levy equal to or greater than such
  3.      On request by the titular holder of the licence,          minimum export levy.
  Member States may release the security by instalments
  in proportion to the quantities of product for which
  proof of exportation as referred to in Article 7 ( 1) of                                  Article 10
  Regulations (EEC) No 3197/73 and ( EEC) No 584/75
  has been furnished, provided that such proof esta­                The rates used for converting into units of account
                                                                    those   offers  made   in  national  currencies and     for
  (') OJ No L 25 , 31 . 1 . 1975, p. 10 .                           converting into national currencies the maximum
 ---pagebreak--- 27. 3 . 75                      Official Journal of the European Communities                           No L 78 / 5
refund or minimum levy as fixed in units of accounts            in the course of which the period for the submis­
shall be :                                                      sion of tenders expires.
— in the case of currencies held at any given
                                                                                  Article 11
    moment within a band of 2-25 % , the central
    rate ;                                                  This Regulation shall enter into force on the day
— in all other cases the average spot exchange rate         following its publication in the Official Journal of
    during a week ending on the Tuesday of the week         the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 26 March 1975 .
                                                                     For the Commission
                                                                       P.J. LARDINOIS
                                                                  Member of the Commission
 ---pagebreak--- No L 78 / 6                     Official Journal of the European Communities                               27. 3 . 75
                                                       ANNEX
            Weekly tender for the levy/refund for the export of husked round grain rice to third countries
                            Expiry of the period for the submission of tenders (date/time)
                                                           I
                      1                    2                                        3
                Number of               Quantity                Amount of export levy in national currency
                  tender             in metric tons                          per metric ton
                      1         I
                      2
                                I
                     5          \I
                     4
                                I
                     5
                                I
                    etc.
                                                           II
                      1                    2                                        3
                 Number of              Quantity              Amount of export refund in national currency
                   tender            in metric tons                          per metric ton
                      1
                     2
                      3
                      4
                     5
                    etc.