CELEX: 31975R0784
Language: en
Date: 1975-03-27 00:00:00
Title: Regulation (EEC) No 784/75 of the Commission of 26 March 1975 on an invitation to tender for the levy and/or the refund for the export of husked long grain rice to third countries

27. 3 . 75                                Official Journal of the European Communities                           No L 78 /7
                              REGULATION (EEC) No 784/75 OF THE COMMISSION
                                                         of 26 March 1975
              on an invitation to tender for the levy and/or the refund for the export of husked
                                                long grain rice to third countries
THE COMMISSION OF THE EUROPEAN                                      the commitments entered into by him when submit­
COMMUNITIES,                                                        ting his tender ; whereas these commitments include
                                                                    an obligation to lodge an application for an export
Having regard to the Treaty establishing the European               licence ; whereas compliance with this obligation may
Economic Community ;                                                be ensured by requiring the tenderer to give security
                                                                    when submitting his tender ;
Having regard to Council Regulation No 359/
67/EEC ( 1 ) of 25 July 1967 on the common organiza­                Whereas, in order to ensure equal treatment to all
tion of the market in rice, as last amended by Regula­              concerned, it is necessary to make provision such that
tion (EEC) No 476/75 (2) ;                                          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                 Whereas provision must be made to ensure the
being disturbed, as last amended by Regulation (EEC)                smooth operation of the procedure for tendering for
No 477/75 (4), and in particular Article 4(2) thereof ;             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                  Whereas the second subparagraph of Article 1 ( 1 ) of
Article 3a thereof ;                                                respectively Commission Regulations ( EEC) No
                                                                    3197/73 and (EEC) No 584/75 provides that invita­
Whereas, having regard to the current situation on the              tions to tender for the export levy and/or refund shall
rice market, there should be opened in respect of                   be open on equal terms to all persons established
husked long grain rice an invitation to tender for the              within the Community ; whereas by reason of the
export levy provided for in the first indent of Article             differing monetary circumstances in the various
2(1 ) of Regulation (EEC) No 2737/73 and for the                    Member States, the satisfaction of this condition
export refund provided for in Article 3a of Regulation              cannot be ensured by the application of the exchange
No 366/ 67/ EEC ;                                                    rates applicable for the purposes of the common agri­
                                                                    cultural policy, since monetary compensatory amounts
Whereas the detailed rules governing invitations to                 do not apply in the rice sector ; whereas it is therefore
tender are as regards the export levy contained in                  advisable to make provision for the effects of the
Commission Regulation (EEC) No 3197/73 (7) of 23                     monetary situation to be taken into account in respect
November 1973 establishing the conditions for the                    of each tender ;
application of the system of tendering for export
levies on rice, as last amended by Regulation (EEC)                 Whereas the Monetary Committee will be consulted ;
 No 583/75 (8), and as regards the export refund in
Commission Regulation ( EEC) No 584/75 (9) of 6                      Whereas the measures provided for in this Regulation
March 1975 laying down detailed rules for the applica­               are in accordance with the Opinion of the Manage­
tion of the system of tendering for export refunds on                ment Committee for Cereals ,
rice ;
Whereas the objective of the tendering procedure can                 HAS ADOPTED THIS REGULATION :
be attained only if every successful tenderer fulfils all
(')  OJ No  174, 31 . 7. 1967, p. 1 .                                                        Article I
(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
(<-) OJ No  L 52, 28 . 2. 1974, p. 34.                               Council Regulation (EEC) No 2737/73 and/or the
(7)  OJ No  L 326, 27. 11 . 1973, p. 10 .
(8)  OJ No  L 61 , 7. 3 . 1975 , p . 24 .                            export refund provided for in Article 3a of Regulation
O    OJ No  L 61 , 7. 3 . 1975, p . 25.                              No 366/ 67/ EEC .
 ---pagebreak--- No L 78 /8                            Official Journal of the European Communities                              27. 3 . 75
2.       The invitation to tender shall relate to husked                                  Article 7
long grain rice.
                                                                The tenders submitted must reach the Commission
3 . The invitation shall remain open until 29 May
1975. During this period weekly awards shall be
                                                                through the intermediary of Member States at the
made, the time limits for the submission of tenders to          latest one and a half hours after expiry of the period
be as prescribed in the notice of invitation to tender.         for the weekly submission of tenders as specified in
                                                                the notice of invitation to tender. They must be
                                                                communicated in the form indicated in the Annex
                          Article 2                              hereto .
A tender shall be valid only if it relates to an amount          If no tenders are received, Member States shall inform
of not less than 20 metric tons .
                                                                 the Commission of this within the time limit indi­
                                                                 cated in the preceding paragraph .
                          Article 3
The security referred to in Article 3 of Regulation
                                                                                          Article 8
(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
                          Article 4
                                                                 Italy, the times fixed for the submission of tenders
                                                                 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
lations referred to in the preceding Article, no export          Ireland , the times fixed for the submission of tenders
licence shall be issued and the security lodged                  shall be regarded in those Member States as brought
pursuant to Article 3 of those Regulations shall accord­         forward by one hour.
ingly be forfeit.
                                                                                           Article 9
                          Article 5
By way of derogation from the provisions of Article               1.    By way of derogation from Article 5 of Regula­
8 ( 1 ) and (2) of Regulation (EEC) No 193/75 (') export         tions ( EEC) No 3197/73 and (EEC) No 584/75, the
licences issued under Article 8 ( 1 ) of Regulation (EEC)        Commission shall decide, under the procedure laid
No 3197/73 or under the like provision of Regulation             down in Article 26 of Regulation No 359/ 67/ EEC :
(EEC) No 584/75 shall for the purpose of determining
their period of validity be deemed to have been issued           — to fix a maximum export refund, taking account in
on the day on which the tender was submitted .                        particular of the criteria laid down in Articles 2
                                                                      and 3 of Regulation No 366/67/ EEC, or
                          Article 6                              — to fix a minimum export levy, taking account in
                                                                      particular of the criteria laid down in Article
 1 . If the obligation to export is not fulfilled, the                3(1 ) (b) and (d) of Regulation ( EEC) No 2737/73,
security mentioned in Article 3 of Regulations (EEC)                  or
No 3197/73 and (EEC) No 584/75 shall be forfeit in               — to make no award .
respect of a quantity equal to the difference between :
(a) 93 % of the net quantity indicated on the export              2. Where a maximum export refund is fixed a
       licence ,                                                 contract shall be awarded to any tenderer whose
(b) and the net quantity actually exported .        x             tender indicates a rate of refund equal to or less than
                                                                  such maximum export refund and to any tenderer
 2. However, if the quantity exported is less than                who has tendered for an export levy.
 7 % of the net quantity indicated on the licence, the
security shall be forfeit in its entirety.                        Where a minimum export levy is fixed a contract
 3.      On request by the titular holder of the licence,         shall be awarded to any tenderer whose tender indi­
 Member States may release the security by instalments            cates a rate of levy equal to or greater than such
 in proportion to the quantities of product for which             minimum export levy .
 proof of exportation as referred to in Article 7(1 ) of
 Regulations (EEC) No 3197/73 and (EEC) No 584/75
 has been furnished, provided that such proof esta­                                       Article 10
 blishes that a quantity equal to at least 7 % of the net
 quantity indicated on the licence has been exported .            The rates used for converting into units of account
                                                                  those offers made      in  national currencies and    for
(') OJ No L 25, 31 . 1 . 1975, p. 10.                             converting into national currencies the maximum
 ---pagebreak--- 27 . 3 . 75                      Official Journal of the European Communities                           No L 78 /9
refund or minimum levy as fixed in units of accounts             in the course of which the period for the submis­
shall be :                                                       sion of tenders expires.
— in the case of currencies held at any given
                                                                                   Article 11
     moment within a band of 2-25 % , the central
     rate ;                                                  This Regulation shall enter into force on the day
— in all other cases the average spot exchange rate          following its publication in the Official Journal of
     during a week ending on the Tuesday of the week         the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 26 March 1975 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak--- No L 78 / 10                    Official Journal of the European Communities                                27. 3 . 75
                                                        ANNEX
             Weekly tender for the levy/refund for the export of husked 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
                       ->
                       4
                        s
                     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.