CELEX: 31975R0584
Language: en
Date: 1975-03-06 00:00:00
Title: Regulation (EEC) No 584/75 of the Commission of 6 March 1975 laying down detailed rules for the application of the system of tendering for export refunds on rice

7. 3 . 75                                Official Journal of the European Communities                           No L 61 /25
                             REGULATION (EEC) No 584/75 OF THE COMMISSION
                                                         of 6 March 1975
              laying down detailed rules for the application of the system of tendering for
                                                      export refunds on rice
THE COMMISSION OF THE EUROPEAN                                     Whereas, in order to ensure that exportation is
COMMUNITIES,                                                        effected under the licence issued for the purpose of
                                                                    the invitation to tender, a security for tender should
Having regard to the Treaty establishing the European               be required, such security to be forfeit if the tender is
Economic Community ;                                                withdrawn ;
Having regard to Council Regulation No 359/
67/ EEC(')of 25 July 1967 on the common organiza­                  Whereas procedures should be laid down as to the
tion of the market in rice, as last amended by Regula­              communications to tenderers of the outcome of the
tion (EEC) No 476/75 (2) ;                                          invitation to tender and also as to the issue of the
                                                                    licence necessary for the export of the quantities
Having regard to Council Regulation No 366/                         awarded ;
67/EEC (3)-of 25 July 1967 laying down general rules
for granting export refunds on rice and criteria for
fixing the amount of such refunds, as last amended by               Whereas the measures provided for in this Regulation
Regulation (EEC) No 478 /75 (4), and in particular                  are in accordance with the Opinion of the Manage­
                                                                    ment Committee for Cereals ,
Article 3a (2) thereof ;
Whereas Article 3a of Regulation No 366/67/ EEC
provides that export refunds may in appropriate cases
be fixed by means of an invitation to tender relating
to a specified quantity ;                                           HAS ADOPTED THIS REGULATION :
Whereas detailed rules for such a tendering procedure
should be laid down ;
Whereas, in order to ensure equal treatment for all                                          Article 1
interested parties in the Community, invitations to
tender must be organized in accordance with uniform
principles ; whereas to this end publication in the Offi­            1 . A decision to open an invitation to tender under
 cial Journal of the European Communities of a deci­                Article 3a ( 1 ) of Regulation No 366/ 67/ EEC shall be
sion concerning the opening of an invitation to tender              adopted in accordance with the procedure laid down
should be accompanied by a notice of invitation to                  in Article 26 of Regulation No 359/67/ EEC.
tender ;
                                                                    Such decision shall specify the terms of the invitation
Whereas the purpose of fixing an export refund by
                                                                    to tender. Such terms must guarantee equal access for
 means of an invitation to tender is to permit better
                                                                    all persons established within the Community and
management of the market ; whereas to this end it is
essential that tenders include the information neces­               may as an exceptional measure prescribe a special
                                                                    period of validity for export licences issued in connec­
sary for their assessment and are accompanied by                    tion with the invitation concerned .
certain formal undertakings ;
Whereas a maximum export refund should be fixed ;                   2. The opening of the invitation to tender shall be
whereas this method enables contracts to be awarded
                                                                    accompanied by a notice of invitation to tender
 in respect of all the quantities concerned ;                       prepared by the Commission . This notice shall
                                                                    include inter alia particulars of the total quantity in
Whereas there may be market situations in which it is
                                                                    respect of which a maximum export refund may be
clear from an examination of the economic aspects of                fixed under Article 5 ( 1 ) hereof, of the various dates
the proposed exports that instead of fixing a refund                for the submission of tenders and of the competent
the    Commission       should    take    no   action   on  the
                                                                    authorities of Member States to which such tenders
tenders ;
                                                                    must be addressed . Between the publication of the
                                                                    said notice and the first date fixed for the submission
(') OJ  No 174, 31 . 7. 1967, p. 1 .
(2) OJ  No L 52, 28 . 2. 1975, p. 31 .                              of tenders, a period of at least 10 days must be
P)  OJ  No 174, 31 . 7 . 1967, p . 34.                              allowed . The notice shall also indicate the closing date
(4) OJ  No L 52, 28 . 2 . 1975 , p. 34 .                            for the submission of tenders .
 ---pagebreak--- No L 61 /26                        Official Journal of the European Communities                                7 . 3 . 75
3.     Both the decisions referred to in paragraph 1                                  Article 4
and the notice of invitation to tender referred to in
paragraph 2 shall be published in the Official                1 . Tenders shall be examined in private session by
Journal of the European Communities.                         the competent authorities of the Member States.
                                                             Persons present at the examination shall be under an
                         Article 2
                                                             obligation not to disclose any particulars relating
                                                             thereto .
 1 . Tenders, which shall be in writing, may either be       2. The tenders shall be communicated in an anony­
delivered personally to the competent authority              mous form and without delay to the Commission.
against a receipt or may be sent to such authority by
registered letter, telex or telegram .
                                                                                       Article 5
2.     The tender shall indicate :
                                                              1.    On the basis of the tenders submitted, the
(a) the invitation to which the tender relates ;             Commission , acting under the procedure laid down in
(b) the name and address of the tenderer ;                   Article 26 of Regulation No 359/67/ EEC, shall decide
(c) the nature and quantity of the product to be             either to fix a maximum export refund, having regard
     exported ;                                              in particular to the criteria laid down in Articles 2 and
(d) the amount of the export refund proposed per             3 of Regulation No 366/67/ EEC, or to make no
                                                             award .
     metric ton, in the currency of the Member State of
     the abovementioned authority.
                                                             2.     If a maximum export refund is fixed, a contract
3.     A tender shall be valid only if :                     shall be awarded to any tenderer whose tender indi­
                                                             cates a rate of refund equal to or less than the
(a) before expiry of the time limit for the submission       maximum .
     of tenders proof is furnished that the tenderer has
     lodged the security required for the invitation to
     tender ;                                                                          Article 6
(b) it is accompanied by a written undertaking to            The competent authority of the Member State
     lodge, within two days following receipt of notifica­   concerned shall , as soon as the Commission has
     tion pursuant to Article 6 of the award of a             reached a decision under Article 5 ( 1 ) hereof, notify in
     contract, an application for an export licence in       writing all tenderers of the outcome of their participa­
     respect of the quantity awarded, together with an       tion in the invitation to tender.
     application for advance fixing of an export refund
     equal to that indicated in the tender.                                            Article 7
4.     A tender which is not submitted in accordance          1.    Except in cases of force majeure, the security
with the provisions of this Article, or which contains        required under Article 3 shall be released only in
terms other than those indicated in the notice of invi­       respect of such quantity as to which the tenderer is
tation to tender, shall not be considered .                  able to furnish proof of exportation under an export
                                                              licence issued pursuant to Article 8 , or as to which his
5. Once a tender has been submitted it may not be             tender has been refused . The security shall be released
withdrawn and the provisions of Article 5 (3) of Regu­        immediately.
lation (EEC) No 193/75 shall not apply in respect of
an application for a licence or certificate lodged under      2. In the case of force majeure the provisions ol
paragraph 3 (b) hereof.                                      Article 20 of Regulation (EEC) No 193/75 shall apply
                         Article 3                                                     Article 8
1 . No tender shall be considered unless appropriate          1 . The award of a contract shall entitle the party
security is lodged.                                          concerned to be issued, on expiry of the period speci­
The amount of such security shall be fixed in the             fied in Article 2 (3) (b), with an export licence for the
                                                             quantity to which such award relates.
Regulation relating to the opening of the relevant invi­
tation to tender.
                                                              2. By way of derogation from Article 3 of Regula­
2. The tenderer may lodge the security either in              tion (EEC) No 193/75, it may be provided that the
cash or in the form of a guarantee given by an esta­          rights under an export licence issued pursuant to the
blishment complying with criteria laid down by the            preceding paragraph shall not be transferable .
relevant Member State .
                                                                                       Article 9
Each Member State shall notify the Commission of
the criteria prescribed by it for the purposes of the        This Regulation shall enter into force on the third day
preceding subparagraph and the Commission shall in            following its publication in the Official Journal of
turn inform the other Member States thereof.                  the European Communities.
 ---pagebreak--- 7. 3 . 75                    Official Journal of the European Communities                        No L 61 /27
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 6 March 1975.
                                                                 For the Commission
                                                                   P. J. LARDINOIS
                                                             Member of the Commission