CELEX: 31975R2457
Language: en
Date: 1975-09-27 00:00:00
Title: Regulation (EEC) No 2457/75 of the Commission of 26 September 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. 9 . 75                             Official Journal of the European Communities                        No L 251 / 17
                            REGULATION (EEC) No 2457/75 OF THE COMMISSION
                                                   of 26 September 1975
             on an invitation to tender for the levy anjd/or the refund for the export of husked
                                            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 (1 ) 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 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 Regulation (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
husked round grain rice an invitation to tender for the           be open on equal terms to all persons established
export levy provided for in the first indent of Article           within the Community ; whereas by reason of the
2(1 ) of Regulation (EEC) No 2737/73 and for the                  differing monetary circumstances in the various
                                                                  Member States, the satisfaction of this condition
export refund provided for in Article 3a of Regulation
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 3 1 97/73 -(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 .                                                       A rticle 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 / 18                        Official Journal of the European Communities                              27. 9 . 75
2.       The invitation to tender shall relate to husked                                Article 7
round grain rice.
                                                               The tenders submitted must reach the Commission
3 . The invitation shall remain open until 29                   through the intermediary of Member States at the
January 1976. During this period weekly awards shall            latest one and a half hours after expiry of the period
be made, the time limits for the submission of tenders
                                                                for the weekly submission of tenders as specified in
to be as prescribed in the notice of invitation to              the notice of invitation to tender. They must be
tender.
                                                                communicated in the form indicated in the Annex
                                                                hereto .
                          Article 2
                                                                If no tenders are received, Member States shall inform
A tender shall be valid only if it relates to an amount         the Commission of this within the time limit indi­
of not less than 20 metric tons .
                                                                cated in the preceding paragraph.
                          Article 3
                                                                                         Article 8
The security referred to in Article 3 of Regulation
(EEC) No 3197/73 and of Regulation (EEC) No
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
                                                                one hour. During the period during which Summer
If a tenderer fails to comply with the undertaking              Time does not apply in the United Kingdom and in
given by him pursuant to Article 2 (3) (b) of the Regu­         Ireland, the times fixed for the submission of tenders
lations referred to in the preceding Article, no export         shall be regarded in those Member States as brought
licence shall be issued and the security lodged                 forward by one hour.
pursuant to Article 3 of those Regulations shall accord­
ingly 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 ^hich 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
 respect of a quantity equal to the difference between :         2. Where a maximum export refund is fixed a
                                                                 contract shall be awarded to any tenderer whose
 (a) 93 % of the net quantity indicated on the export            tender indicates a rate of refund equal to or less than
       licence, and                                              such maximum export refund and to any tenderer
 (b) the net quantity actually exported.                         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
 blishes that a quantity equal to at least 7 % of the net        those offers made in       national currencies and for
 quantity indicated on the licence has been exported.            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 / 19
— in the case of currencies held at any given                                      Article 11
    moment within a 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
                                                                        P.J. LARDINOIS
                                                                  Member of the Commission
 ---pagebreak--- No L 251 /20                  Official Journal of the European Communities                               27. 9 . 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
                     2                            I
                     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        ||l
                    4
                     5       \\
                   etc.