CELEX: 31975R0586
Language: en
Date: 1975-03-07 00:00:00
Title: Regulation (EEC) No 586/75 of the Commission of 6 March 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

7. 3 . 75                              Official Journal of the European Communities                         No L 61 /31
                              REGULATION ( EEC) No 586/75 OF THE COMMISSION
                                                       of 6 March 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                                   Whereas the objective of the tendering procedure can
 COMMUNITIES,                                                     be attained only if every successful tenderer fulfils all
                                                                  the commitments entered into by him when submit­
                                                                  ting his tender ; whereas these commitments include
 Having regard to the Treaty establishing the European            an obligation to lodge an application for an export
 Economic Community ;                                             licence ; whereas compliance with this obligation may
                                                                  be ensured by requiring the tenderer to give security
                                                                  when submitting his tender ;
 Having regard to Council Regulation No 359/
 67/EEC ( ! ) of 25 July 1967 on the common organiza­
 tion of the market in rice, as last amended by Regula­           Whereas, in order to ensure equal treatment to all
 tion (EEC) No 476/75 (2) ;                                       concerned, it is necessary to make provision such that
                                                                  the effective period of validity of licences issued to
                                                                  successful tenderers in connection with the invitation
 Having regard to Council Regulation (EEC) No                     to tender is identical ;
 2737/73 (3) of 8 October 1973 laying down general
 rules to be applied in the event of the rice market
 being disturbed, as last amended by Regulation (EEC)             Whereas provision must be made to ensure the
 No 477/75 (4), and in particular Article 4 (2) thereof ;         smooth operation of the procedure for tendering for
                                                                  export levies and refunds ; whereas to this end it is
                                                                  appropriate to prescribe a minimum quantity to be
 Having regard to Council Regulation No 366/                      tendered for and a time limit and form for the
 67/EEC (5) of 25 July 1967 laying down general rules             communication of tenders submitted to the compe­
 for granting export refunds on rice and criteria for             tent authorities ;
 fixing the amount of such refunds, as last amended by
 Regulation (EEC) No 478 /75 (6), and in particular
 Article 3a thereof ;                                             Whereas the measures provided for in this Regulation
                                                                  are in accordance with the Opinion of the Manage­
                                                                  ment Committee for Cereals,
 Whereas, having regard to the current situation on the
 rice market, there should be opened in respect of
 wholly milled round grain rice an invitation to tender
 for the export levy provided for in the first indent of
 Article 2 ( 1 ) of Regulation ( EEC) No 2737/73 and for
 the export refund provided for in Article 3a of Regula­          HAS ADOPTED THIS REGULATION :
 tion No 366/ 67/ EEC ;
 Whereas the detailed rules governing invitations to                                       Article 1
 tender are as regards the export levy contained in
 Commission Regulation (EEC) No 31 97/73 (7) of 23
 November 1973 establishing the conditions for the                 1 . Tenders shall be invited for the export levy
 application of the system of tendering for export                provided for in the first indent of Article 2 ( 1 ) of
 levies on rice and as regards the export refund in               Council Regulation ( EEC) No 2737/73 and/or the .
 Commission Regulation (EEC) No 584/75 (8) of 6                   export refund provided for in Article 3a of Regulation
 March 1975 laying down detailed rules for the applica­           No 366/ 67/ EEC .
 tion of the system of tendering for export refunds on
 rice ;
                                                                  2.    The invitation to tender shall relate to wholly
(■) OJ  No   174, 31 . 7. 1967, p. 1 .                            milled round grain rice .
(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.                            3.    The invitation shall remain open until 29 May
(5) OJ  No   174, 31 . 7. 1967, p. 34.
(b) OJ  No  L 52, 28 . 2. 1975, p. 34.                            1975. During this period weekly awards shall be
(7) OJ  No  L 326, 27. 11 . 1973, p. 10.                          made, the time limits for the submission of tenders to
(8) See page 25 of this Official Journal.                         be as prescribed in the notice of invitation to tender.
 ---pagebreak---  No L 61 /32                          Official Journal of the European Communities                               7. 3 . 75
                          Article 2                             latest one and a half hours after expiry of the period
                                                                for the weekly submission of tenders as specified in
 A tender shall be valid only if it relates to an amount        the notice of invitation to tender. They must be
 of not less than 20 metric tons .                              communicated in the form indicated in the Annex
                                                                hereto .
                          Article 3
                                                                If no tenders are received , Member States shall inform
 The security referred to in Article 3 of Regulation            the Commission of this within the time limit indi­
 (EEC) No 3197/73 and of Regulation (EEC) No                    cated in the preceding paragraph.
 584/75 shall be 10 units of account per metric ton .
                          Article 4
                                                                                         Article 8
 If a tenderer fails to comply with the undertaking
 given by him pursuant to Article 2 (3) (b) of the Regu­        During the period in which Summer Time applies in
 lations referred to in the preceding Article, no export        Italy, the times fixed for the submission of tenders
 licence shall be issued and the security lodged                shall be regarded in that Member State as extended by
 pursuant to Article 3 of those Regulations shall accord­       one hour. During the period during which Summer
 ingly be forfeit.                                              Time does not apply in the United Kingdom and in
                                                                Ireland, the times fixed for the submission of tenders
                          Article 5                             shall be regarded in those Member States as brought
                                                                forward by one hour.
 By way of derogation from the provisions of Article 8
 ( 1 ) and (2) of Regulation (EEC) No 193/75 (*) export
 licences issued under Article 8 ( 1 ) of Regulation (EEC)                               Article 9
 No 3197/73 or under the like provision of Regulation
 (EEC) No 584/75 shall for the purpose of determining
 their period of validity be deemed to have been issued          1 . By way of derogation from Article 5 of Regula­
 on the day on which the tender was submitted .                 tions (EEC) No 3197/73 and (EEC) No 584/75 the
                                                                Commission shall decide, under the procedure laid
                          Article 6                             down in Article 26 of Regulation No 359/67/ EEC :
                                                                — to fix a maximum export refund, taking account in
  1 . If the obligation to export is not fulfilled, the              particular of the criteria laid down in Articles 2
 security mentioned in Article 3 of Regulations (EEC)                and 3 of Regulation No 366/67/EEC, or
 No 3197/73 and (EEC) No 584/75 shall be forfeit in
 respect of a quantity equal to the difference between :        — to fix a minimum export levy, taking account in
                                                                     particular of the criteria laid down in Article 3 ( 1 )
 (a) 93 % of the net quantity indicated on the export                (b) and (d) of Regulation (EEC) No 2737/73, or
       licence and
                                                                — to make no award .
 (b) the net quantity actually exported .
 2. However, if the quantity exported is less than              2. Where a maximum export refund is fixed a
 7 % of the net quantity indicated on the licence, the          contract shall be awarded to any tenderer whose
 security shall be forfeit in its entirety.                     tender indicates a rate of refund equal to or less than
                                                                such maximum export refund and to any tenderer
 3.      On request by the titular holder of the licence,
                                                                who has tendered for an 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      Where a minimum export levy is fixed a contract
 Regulations (EEC) No 3197/73 and (EEC) No 584/75               shall be awarded to any tenderer whose tender indi­
 has been furnished, provided that such proof esta­             cates a rate of levy equal to or greater than such
blishes that a quantity equal to at least 7 % of the net        minimum export levy.
quantity indicated on the licence has been exported .
                          Article 7                                                     Article 10
The tenders submitted must reach the Commission
through the intermediary of Member States at the                This Regulation shall enter into force on the day
                                                                following its publication in the Official Journal of
(!) OJ No L 25, 31 . 1 . 1975, p. 10.                           the European Communities.
 ---pagebreak--- 7. 3 . 75                     Official Journal of the European Communities                               No L 61 / 33
          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
                                                      ANNEX
          Weekly tender for the levy/refund for the export of wholly milled long 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                             I
                      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.