CELEX: 31974R0848
Language: en
Date: 1974-04-09 00:00:00
Title: Regulation (EEC) No 848/74 of the Commission of 9 April 1974 on an invitation to tender for the levy for export of milled long grained rice to certain third countries

No L 100 / 12                            Official Journal of the European Communities                                10 . 4 . 74
                               REGULATION ( EEC) No 848 / 74 OF THE COMMISSION
                                                         of 9 April 1974
                on an invitation to tender for the levy for export of milled long grained rice to
                                                     certain third countries
THE COMMISSION OF THE EUROPEAN                                      Whereas the fixing of an export levy by means of a
COMMUNITIES,                                                        tendering procedure must permit better management
                                                                    of the market ; whereas this objective could be jeopar­
Having regard to the Treaty establishing the European               dized by too short a period of validity for the export
Economic Community ;                                                licence ; whereas use should therefore be made of the
                                                                    possibility provided for in the second subparagraph of
Having regard to Council Regulation No 359/
                                                                    Article 1 ( 1 ) of Regulation ( EEC) No 3197/73 by
67/ EECC ) of 25 July 1967 on the common organiza­
                                                                    fixing a special period of validity for licences, issued
tion of the market in rice , as last amended by the Act             under this invitation to tender ;
of Accession (-) ;
Having regard to Council Regulation ( EEC) No                       Whereas the smooth working of a procedure for
2737/ 73 (3 ) of 8 October 1 973 , laying down general              tendering for export levies must be ensured ; whereas
rules to be applied in the event of the rice market                 to this end it is appropriate to prescribe a minimum
being disturbed , and in particular Article 4 thereof ;             quantity as well as the period during which tenders
                                                                    can be lodged and the form of the communication of
Whereas the world market in rice is characterized by                tenders lodged with the competent authorities ;
an increase in prices due to an imbalance between the
quantity on offer and the demand ; whereas, as a result             Whereas the measures provided for in this Regulation
of this, the supply of certain traditional export                   are in accordance with the Opinion of the Manage­
markets for milled long grained rice of the Commu­                  ment Committee for Cereals ,
nity is threatened ; whereas with the aim of improving
this situation , an invitation should be issued , for
milled long grained rice , to tender for the export levy
provided for in Article 2(1 ), first indent, of Regulation
                                                                    HAS ADOPTED THIS REGULATION :
( EEC ) No 2737/ 73 for the markets concerned which
are situated in the Zone VII provided for in the
Annex to Commission Regulation ( EEC) No
941 / 72 (4 ) of 5 May 1972, redefining the destination                                     Article 1
zones for export refunds on cereals and rice ;
                                                                     1.    An invitation to tender shall be issued for the
Whereas the detailed rules to the tendering procedure
                                                                    export levy provided for in Article 2(1 ), first indent, of
to fix the export levy are contained in Commission
                                                                    Council Regulation ( EEC) No 2737/ 73 .
Regulation ( EEC) No 31 97 / 73 (5 ) of 23 November
 1973 , establishing the conditions for the application
of the system of tendering for export levies for rice ;             2. The invitation shall relate to milled long grained
                                                                    rice for export to countries of the Zone VII provided
Whereas the objective of the tendering procedure can                for in the Annex to Regulation ( EEC) No 941 / 72 .
be attained only if a successful tenderer fulfils all the
commitments entered into at the moment of lodging                   3.     The invitation is open until 31 May 1974.
his tender ; whereas among these commitments is the                 During this period weekly invitations shall be issued
obligation to lodge an application for an export                    for which the time limits for lodging of tenders shall
licence ; whereas the security for tender exacted when              be laid down in the notice of the tender.
the tender is lodged can ensure that this obligation is
respected ;
                                                                    4.     By way of derogation from Article 1 (2) of Regula­
Whereas, in order to ensure equal treatment to all inte­            tion ( EEC) No 3197/ 73 , the period which is required
rested parties, it is necessary to provide that the effec­          between publication of the notice of tender and the
tive period of validity of licences issued under the                first date fixed for the deposit of tenders shall be 10
tendering procedure to successful tenderers will be                 days .
identical ;
  ') Oj No 174, M. 7 . 1967, p. 1 .                                                         Article 2
  ') O'l No L 7.5 , 27. 3 . 1972, p. 14.
 3 ) OJ No L 282 , 9 . 10 . 1973 , p. 13 .
 4 ) OJ No L 107 , 6 . 5 . 1972, p. 10 .                            A tender shall be valid only if it relates to an amount
 s ) OJ No L .526 , 23 . 11 . 1973 , p. 10.                         of not less than 250 metric tons .
 ---pagebreak--- 10 . 4 . 74                              Official Journal of the European Communities                           No L 100 / 13
                          Article 3                                                          Article 7
1.     By way of derogation from the provisions of                  1.     When the obligation to export to the destination
Article 3(1 ) second subparagraph of Regulation ( EEC)              provided for has not been fulfilled, the security
3197/73, the security to be lodged under this invita­               mentioned in Article 3 ( 1 ) shall be forfeit in respect of
tion to tender must be equal to 50 % of the export                  a quantity equal to the difference between
levy proposed by the tenderer concerned and may not
be less than 15 units of account per metric ton .                   (a) 93 % of the net quantity indicated on the export
                                                                        licence, and
2.     By way of derogation from the provisions of                  (b) the net quantity actually exported .
Article 7(1 ) of Regulation (EEC) No 3197/73 and
except in cases of force majeure, the security provided
for in paragraph 1 shall only be released in respect of             2.     However, if this exported quantity is less than
the quantity for which the tenderer has provided                    7 % of the net quantity indicateci on the licence , the
proof that it has been put into free circulation in one             security shall be forfeit in totality.
of the countries of the zone referred to in Article 1 (2),
or for which the tender has not been pursued .                      3.     On request by the titular holder, Member States
                                                                    may release parts of the security in proportion to the
The proof referred to in the previous subparagraph                  quantities of product for which the proof referred to
shall be provided by the production of the customs                  in the second subparagraph of Article 3 (2) has been
document or a copy or photocopy thereof certified as                delivered and in so far as that provides evidence that a
true by the competent authorities .                                 quantity equal to at least 7 % of the net quantity indi­
                                                                    cated on the licence has been exported to the destina­
The security shall be released immediately.                         tion in question .
                           Article 4
                                                                                             Artie e 8
The application for a licence and the licence shall
have indicated in Box 13 the destination zone referred
                                                                    The tenders lodged must reach the Commission
to in Article 1 ( 2).                                               through the intermediary of Member States at the
                                                                    latest one and a half hours after the end of the period
The licence shall oblige the holder to export to that                for the weekly lodging of tenders as provided for in
destination .
                                                                    the notice of the tender. They must be communicated
                                                                    in the form indicated in the Annex .
                           Article 5
                                                                    When there are no tenders , Member States shall
                                                                     inform the Commission of this within the time limit
When the commitment mentioned in Article 2 (3) (b)
of Regulation ( EEC) No 3197/ 73 is not respected the                indicated in the preceding paragraph .
export licence shall not be issued and , in
consequence, the security exacted under the provi­
sions of Article 3 of that Regulation shall be forfeit.                                      Article 9
                           Article 6                                 During the period in which Summer Time applies in
                                                                     Italy, the times fixed for the lodging of offers shall be
 1.     By way ot derogation from the provisions of                  regarded in that Member State as extended by one
Article 8 ( 1 ) of Regulation ( EEC) No 1 373 /70 ('), the           hour. During the period during which Summer Time
export licences issued under Article 8(1 ) of Regula­                does not apply in the United Kingdom and in
 tion ( EEC) No 3197/ 73 shall be considered for the                 Ireland , the times fixed for the lodging of offers shall
 purpose of determining their period of validity, as if              be regarded in those Member States as brought
 they had been issued on the day on which the tender                 forward by one hour.
was lodged .
 2.     Export licences issued under this invitation to                                      Article 10
 tender shall be valid from their date of issue , within
 the meaning of the previous paragraph for a period of
 ninety days .                                                        This Regulation shall enter into force the day
                                                                     following its publication in the Official Journal of
(') OJ No L 158 , 20 . 7 . 1970 , p. 1 .                             the European Communities.
 ---pagebreak--- No L 100 / 14                     Official Journal of the European Communities                               10 . 4 . 74
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 9 April 1974.
                                                                            For the Commission
                                                                                The President
                                                                          François-Xavier ORTOLI
                                                         ANNEX
                      Weekly tender for the levy for export of milled long grained rice in the Zone VII
                                    Expiry of the period for lodging tenders ( date/time )
                         l                   2
               Numbering of the           Quantity                Amount of export levy in national currency
                     tenders           in metric tons                          per metric ton
                         1
                        2
                        4
                        5
                       etc .