CELEX: 31973R3553
Language: en
Date: 1973-12-21 00:00:00
Title: Regulation (EEC) No 3553/73 of the Commission of 21 December 1973 on an invitation to tender for the export levy for milled long grained rice

29 . 12. 73                           Official Journal of the European Communities                           No L 361 /41
                            REGULATION (EEC) No 3553/73 OF THE COMMISSION
                                                   of 21 December 1973
                  on an invitation to tender for the export levy for milled long grained rice
THE COMMISSION OF THE EUROPEAN                                  tendering procedure to successful tenderers will be
 COMMUNITIES,                                                   identical ;
 Having regard to the Treaty establishing the European          Whereas the smooth working of a procedure for
 Economic Community ;                                           tendering for export levies must be ensured ; whereas
                                                                to this end it is appropriate to prescribe a minimum
 Having regard to Council Regulation No 359/                    quantity as well as the period during which tenders
 67/EEC ( J ) of 25 July 1967 on the common organiza­           can be lodged and the form of the communication of
tion of the market in rice, as last amended by the Act          tenders lodged with the competent authorities ;
of Accession (2) ;
                                                                Whereas the measures provided for in this Regulation
                                                                are in accordance with the Opinion of the Manage­
 Having regard to Council Regulation (EEC) No                   ment Committee for Cereals,
2737/73 (3) of 8 October 1973 laying down general
rules to be applied in the event of the rice market
being disturbed and in particular Article 4 (2) thereof ;
                                                                HAS ADOPTED THIS REGULATION :
Whereas, having taken into account the current situa­
tion on the rice market, an invitation should be
issued, for milled long grained rice, to tender for the
                                                                                        Article 1
export levy provided for in Article 2 ( 1 ), first indent of
Regulation (EEC) No 2737/73 ;
                                                                 1.    An invitation to tender shall be issued for the
Whereas the detailed rules relating to the tendering            export levy provided for in Article 2 ( 1 ), first indent of
procedure to fix the export levy are contained in               Council Regulation (EEC) No 2737/73 .
Commission Regulation (EEC) No 3197/73 (4) of 23
November 1973 establishing the condition for the                2.     The invitation shall relate to milled long grained
                                                                riced.
application of the system of tendering for export
levies for rice ;
                                                                3 . The invitation is open until 29 March 1974.
Whereas, in order to allow tenderers to have paddy              During this period weekly invitations shall be issued
rice processed into milled rice or to consider contracts        for which the time limits for lodging of offers shall be
                                                                laid down in the notice of the tender.
of longer duration, provision should be made for a
special rule on the period of validity of the export
licences ;
                                                                                        Article 2
Whereas the objective of the tendering procedure can
be attained only if the successful tenderer fulfils all         A tender shall be valid only if it relates to an amount
the commitments entered into at the moment of                   of not less than 20 metric tons .
lodging his tender ; whereas among these commit­
ments is the obligation to lodge an application for an
export licence ; whereas the security for tender                                        Article 3
exacted when the tender is lodged can ensure that this
obligation is respected ; whereas in default this secu­         An export licence issued in terms of this tender shall
rity shall not be released if such an application has           be valid for ninety days from its date of issue.
not been made ;
Whereas, in order to ensure equal treatment to all in­                                  Article 4
terested parties, it is necessary to provide that the effec­
tive period of validity of licences issued under the            When the commitment mentioned in Article 2 (3) (b)
                                                                of Regulation (EEC) No 3197/73 is not respected the
(») OJ No 174, 31 . 7. 1967, p. 1 .                             export licence shall not be issued and, in
(2) OJ No L 73, 27 . 3 . 1972, p. 14.
(>) OJ No L 282, 9 . 10 . 1973, p. 13 .                         consequence, the security exacted under the provi­
h) OJ No L 326; 27. 11 . 1973, p. 10.                           sions of Article 3 of that Regulation shall be forfeit.
 ---pagebreak--- No L 361 /42                          Official Journal of the European Communities                             29 . 12. 73
                        Article 5                                                         Article 7
By way of derogation from the provisions of Article 8           The tenders lodged must reach the Commission
(1 ) of Regulation (EEC) No 1373/70 (*), the export              through the intermediary of Member States at the
licences issued under Article 8 ( 1 ) of Regulation (EEC)        latest one and a half hours after the end of the period
No 3197/73 shall be considered for the purpose of                for the weekly lodging of tenders as provided for in
determining their period of validity, as if they had             the notice of the tender. They must be communicated
been issued on the day on which the tender was                   in the form indicated in the Annex.
lodged.
                                                                When there are no tenders, Member States shall
                         Article 6                               inform the Commission of this within the time limit
1 . When the obligation to export has not been                   indicated in the preceding paragraph .
fulfilled, the security mentioned in Article 3 ( 1 ) of
Regulation (EEC) No 3197/73 shall be forfeit in                                           Article 8
respect of a quantity equal to the difference between :
(a) 93 % of the net quantity indicated on the export             During the period in which Summer Time applies in
     licence, and                                                Italy, the times fixed for the lodging of offers shall be
(b) the net quantity actually exported.                          regarded in that Member State as extended by one
2. However, if this exported quantity is less than               hour. During the period during which Summer Time
7 % of the net quantity indicated on the licence, the            does not apply in the United Kingdom and in
security shall be forfeit in totality.                           Ireland, the times fixed for the lodging of offers shall
                                                                 be regarded in those Member States as brought
3. On request by the titular holder, Member States               forward by one hour.
may release parts of the security in proportion to the
quantities of product for which the proof of export, in
accordance with Article 7 ( 1 ) of Regulation (EEC) No                                    Article 9
3197/73, has been delivered and in so far as that proof
provides evidence that a quantity equal to at least 7 %          This Regulation shall enter into force on the day
of the net quantity indicated on the licence has been            following its publication in the Official Journal of
exported.                                                        the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 21 December 1973 .
                                                                           For the Commission
                                                                               The President
                                                                          Francois-Xavier ORTOLI
0) OJ No L 158 , 20 . 7. 1970, p. 1 .
 ---pagebreak--- 29 . 12. 73                          Official Journal of the European Communities                                No L 361/43
                                                           ANNEX
                               Weekly tender for the export levy for milled long grained rice
                                              NOTICE OF TENDER No . . .
            Expiry of the period for lodging tenders (date/time)
                            1                                2                                 3
                                                                               Amount of export levy in national
                 Numbering of the tenders          Quantity in metric tons          currency per metric ton
                            1
                            2
                            3
                            4
                            5
                         etc . . .