CELEX: 31975R2456
Language: en
Date: 1975-09-27 00:00:00
Title: Regulation (EEC) No 2456/75 of the Commission of 26 September 1975 on an invitation to tender for the levy and/or the refund for the export of wholly milled round grain rice to third countries

27 . 9 . 75                                Official Journal of the European Communities                        No L 251 / 13
                               REGULATION (EEC) No 2456/75 OF THE COMMISSION
                                                        of 26 September 1975
                on an invitation to tender for the levy and/or the refund for the export of wholly
                                           milled round grain rice to third countries
THE COMMISSION OF THE EUROPEAN                                        licence ; whereas compliance with this obligation may
COMMUNITIES,                                                         be ensured by requiring the tenderer to give security
                                                                     when submitting his tender ;
Having regard to the Treaty establishing the European
Economic Community ;
                                                                      Whereas, in order to ensure equal treatment to all
Having regard to Council Regulation No 359/                           concerned, it is necessary to make provision such that
67/ EEC ( J ) of 25 July 1967 on the common organiza­                 the effective period of validity of licences issued - to
tion of the market in rice, as last amended by Regula­                successful tenderers in connection with the invitation
tion (EEC) No 476/75 (2) ;                                            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 tb 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
Whereas, having regard to the current situation on the                3197/73 and (EEC) No 584/75 provides that invita­
rice market, there should be opened in respect of                     tions to tender for the export levy and/or refund shall
wholly milled round grain rice an invitation to tender                be open on equal terms to all persons established
for the export levy provided for in the first indent of               within the Community ; whereas by reason of the
Article 2(1 ) of Regulation (EEC) No 2737/73 and for                  differing monetary circumstances in the various
                                                                      Member States, the satisfaction of this condition
the export refund provided for in Article 3a of Regula­
tion No 366/67/ EEC ;                                                 cannot be ensured by the application of the exchange
                                                                      rates applicable for the purposes of the common agri­
Whereas the detailed rules governing invitations to                   cultural policy, since monetary compensatory amounts
tender are as regards the export levy contained in                    do not apply in the rice sector ; whereas it is therefore
Commission Regulation (EEC) No 3197/73 (7) of 23                      advisable to make provision for the effects of the
November 1973 establishing the conditions for the                     monetary situation to be taken into account in respect
application of the system of tendering for export                     of each tender ;
levies on rice, as amended by Regulation (EEC) No
583/75 (8), and as regards the export refund in                       Whereas the measures provided for in this Regulation
Commission Regulation (EEC) No 584/75 (9) of 6
                                                                      are in accordance with the Opinion of the Manage­
March 1975 laying down detailed rules for the applica­                ment Committee for Cereals,
tion of the system of tendering for export refunds on
rice ;
Whereas the objective of the tendering procedure can
be attained only if every successful tenderer fulfils all
the commitments entered into by him when submit­                       HAS ADOPTED THIS REGULATION :
ting his tender ; whereas these commitments include
an obligation to lodge an application for an export
(')  OJ  No  174, 31 . 7 . 1967, p. 1 .                                                        Article 1
(2 ) OJ  No  L 52, 28 . 2 . 1975, p. 31 .
(3 ) 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
( b) OJ  No  L 52, 28 . 2. 1975, p. 34 .
( 7) OJ  No  L 326, 27 . 11 . 1973 , p. 10                             Council Regulation (EEC) No 2737/73 and/or the
(8)  OJ  No  L 61 , 7. 3 . 1975, p. 24.                               export refund provided for in Article 3a of Regulation
(9)  OJ  No  L 61 , 7 . 3 . 1975 , p. 25 .                             No 366/ 67 / EEC .
 ---pagebreak--- No L 251 / 14                          Official Journal of the European Communities                             27. 9 . 75
2. The invitation to tender shall relate to wholly               blishes that a quantity equal to at least 7 % of the net
milled round grain rice.                                         quantity indicated on the licence has been exported.
3 . The invitation shall remain open until 29
January 1976. During this period weekly awards shall                                      Article 7
be made, the time limits for the submission of tenders
to be as prescribed in the notice of invitation to               The tenders submitted must reach the Commission
tender.                                                           through the intermediary of Member States at the
                                                                  latest one and half hours after expiry of the period for
                                                                  the weekly submission of tenders as specified in the
                          Article 2
                                                                  notice of invitation to tender. They must be communi­
                                                                  cated in the form indicated in the Annex hereto.
A tender shall be valid only if it relates to an amount
of not less than 20 metric tons.
                                                                  If no tenders are received, Member States shall inform
                                                                  the Commission of this within the time limit indi­
                          Article 3                               cated in the preceding paragraph .
The security referred to in Article 3 of Regulation
(EEC) No 3197/73 and of Regulation (EEC) No                                                Article 8
584/75 shall be 10 units of account per metric ton.
                                                                  During the period in which Summer Time applies in
                                                                  Italy, the times fixed for the submission of tenders
                          Article 4
                                                                  shall be regarded in that Member State as extended by
If a tenderer fails to comply with the undertaking                one hour. During the period during which Summer
given by him pursuant to Article 2 (3) (b) of the Regu­           Time does not apply in the United Kingdom and in
                                                                  Ireland, the times fixed for the submission of tenders
lations referred to in the preceding Article, no export
licence shall be issued and the security lodged                   shall be regarded in those Member States as brought
pursuant to in Article 3 of those Regulations shall               forward by one hour.
accordingly be forfeit.
                                                                                           Article 9
                          Article 5
                                                                   1 . By way of derogation from Article 5 of Regula­
By way of derogation from the provisions of Article               tions (EEC) No 3197/73 and (EEC) No 584/75, the
9 ( 1 ) and (2) of Regulation (EEC) No 193/75 (*), export         Commission shall decide, under the procedure laid
licences issued under Article 8 ( 1 ) of Regulation (EEC)         down in Article 26 of Regulation No 359/67/ EEC :
No 3197/73 or under the like provision of Regulation
(EEC) No 584/75 shall for the purpose of determining              — to fix a maximum export refund, taking account in
their period of validity be deemed to have been issued                 particular of the criteria laid down in Articles 2
on the day on which the tender was submitted.                          and 3 of Regulation No 366/67/EEC, or
                                                                  — to fix a minimum export levy, taking account in
                          Article 6
                                                                       particular of the criteria laid down in Article 3(1 )
                                                                       (b) and (d) of Regulation (EEC) No 2737/73, or
 1 . If the obligation to export is not fulfilled, the            — to make no award .
security mentioned in Article 3 of Regulations (EEC)
 No 3197/73 and (EEC) No 584/75 shall be forfeit in                2. Where a maximum export refund is fixed a
 respect of a quantity equal to the difference between :           contract shall be awarded to any tenderer whose
                                                                   tender indicates a rate of refund equal to or less than
(a) 93 % of the net quantity indicated on the export               such maximum export refund and to any tenderer
       licence, and                                                who has tendered for an export levy.
(b) the net quantity actually exported.
                                                                   Where a minimum export levy is fixed a contract
 2.      However, if the quantity exported is less than            shall be awarded to any tenderer whose tender indi­
 7 % of the net quantity indicated on the licence, the             cates a rate of levy equal to or greater than such
 security shall be forfeit in its entirety.                        minimum export levy.
 3.      On request by the titular holder of the licence,
 Member States may release the security by instalments                                    Article 10
 in proportion to the quantities of product for which
 proof of exportation as referred to in Article 7 ( 1 ) of         The rates used for converting into units of account
 Regulations (EEC) No 3197/73 and (EEC) No 584/75                  those offers made in national currencies and for
 has been furnished, provided that such proof esta­                converting into national currencies the maximum
                                                                   refund or minimum levy as fixed in units of accounts
 (') OJ No L 25, 31 . 1 . 1975, p. 10 .                            shall be :
 ---pagebreak--- 27 . 9 . 75                       Official Journal of the European Communities                       No L 251 / 15
— in the case of currencies held at any given                                       Article 11
     moment within band of 2-25 % , the central rate,
— in all other cases the average spot exchange rate
     during a week ending on the Tuesday immediately          This Regulation shall enter into force on the day
     preceding the final date for the submission of           following its publication in the Official Journal of
     tenders .                                                the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 26 September 1975.
                                                                       For the Commission
                                                                         f
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak--- No L 251 / 16                   Official Journal of the European Communities                               27. 9 . 75
                                                       ANNEX
            weekly tender for the levy/refund for the export of wholly milled 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
                      2
                      3
                      4
                      5
                    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.