CELEX: 31974R0888
Language: en
Date: 1974-04-16 00:00:00
Title: Regulation (EEC) No 888/74 of the Commission of 16 April 1974 on an invitation to tender for the export levy for husked long grained rice

17 . 4 . 74                             Official Journal of the European Communities                            No L 104 / 13
                             REGULATION ( EEC) No 888 / 74 OF THE COMMISSION
                                                       of 16 April 1974
                  on an invitation to tender for the export levy for husked long grained rice
THE COMMISSION OF THE EUROPEAN                                    Whereas the smooth working of a procedure for
COMMUNITIES,                                                       tendering for export levies must be ensured ; whereas
                                                                   to this end it is appropriate to prescribe a minimum
Having regard to the Treaty establishing the European              quantity as well as the period during which tenders
Economic Community ;                                               can be lodged and the form of the communication of
                                                                   tenders lodged with the competent authorities ;
Having regard to Council Regulation No 359 /
67/ EEC ( ! ) of 25 July 1967 on the common organiza­             Whereas the measures provided for in this Regulation
tion of the market in rice, as last amended by the Act             are in accordance with the Opinion of the Manage­
of Accession (2) ;                                                 ment Committee for Cereals ,
Having regard to Council Regulation (EEC) No
2737/73 (3) of 8 Ocotber 1973 laying down general
rules to be applied in the event of the rice market                HAS ADOPTED THIS REGULATION :
being disturbed, and in particular Article 4 (2)
thereof ;
                                                                                           Article 1
Whereas, having taken into account the current situa­
tion on the rice market, an invitation should be                   1.     An invitation to tender shall be issued for the
issued, for husked long grained rice, to tender for the            export levy provided for in Article 2 ( 1 ), first indent of
export levy provided for in Article 2(1 ), first indent of         Council Regulation ( EEC) No 2737/73 .
Regulation ( EEC) No 2737/73 ;
                                                                   2. The invitation shall relate to husked long
Whereas the detailed rules relating to the tendering              grained rice .
procedure to fix the export levy are contained in
Commission Regulation ( EEC) No 3197/73 (4 ) of 23                 3.     The invitation is open until 28 June 1974 .
November 1973 establishing the conditions for the                  During this period weekly invitations shall be issued
application of the system of tendering for export                  for which the time limits for lodging of offers shall be
levies for rice ;                                                  down in the notice of the tender .
Whereas, in order to allow the tenderers to have                   4.     By way of derogation from Article 1 (2) of Regu­
paddy rice processed into husked rice or to consider               lation (EEC) No 3197/73 , the period which is required
contracts of longer duration , provision should be                 between publication of the notice of tender and the
made for a special rule on the period of validity of the           first date fixed for the deposit of tenders shall be 10
export licences ;                                                  days .
Whereas the objective of the tendering procedure can
be attained only if the successful tenderer fulfils all                                    Article 2
the commitments entered into at the moment of
lodging his tender ; whereas among these commit­                   A tender shall be valid only if it relates to an amount
ments is the obligation to lodge an application for an             of not less than 20 metric tons .
export licence ; whereas the security for tender
exacted when the tender is lodged can ensure that this
obligation is respected ; whereas in default this secu­                                    Article 3
rity shall not be released if such an application has
not been made ;                                                    An export licence issued in terms of this tender shall
                                                                   be valid for 90 days from its date of issue .
Whereas, in order to ensure equal treatment to all inte­
rested parties, it is necessary to provide that the effec­
tive period of validity of licences issued under the                                       Article 4
tendering procedure to successful tenderers will be
identical ;
                                                                   When the commitment mentioned in Article 2 (3) (b)
                                                                   of Regulation (EEC) No 3197/73 is not respected the
(') OJ No 174, 31 . 7 . 1967, p . 1 .                              export licence shall not be issued and , in
(2) OJ No L 73 , 27 . 3 . 1972, p . 14.
(*) OJ No L 282, 9 . 10 . 1973 , p . 13 .                          consequence, the security exacted under the provi­
h OJ No L 326, 27. 11 . 1973, p. 10.                               sions of Article 3 of that Regulation shall be forfeit.
 ---pagebreak--- No L 104/ 14                             Official Journal of the European Communities                             17 . 4 . 74
                            Article 5                                                       Article 7
By way of derogation from the provisions of Article 8              The tenders lodged must reach the Commission
( 1 ) of Regulation ( EEC) No 1 373/70 ('), the export             through the intermediary of Member States at the
licences issued under Article 8 ( 1 ) of Regulation (EEC)          latest one and a half hours after the end of the period
No 3197/73 shall be considered for the purpose of
                                                                   for the weekly lodging of tenders as provided for in
determining their period of validity as if they had                the notice of the tender. They must be communicated
been issued on the day on which the tender was                     in the form indicated in the Annex .
lodged .
                                                                   When there are not tenders , Member States shall
                            Article 6                              inform the Commission of this within the time limit
 1 . When the obligation to export has not been                    indicated in the preceding paragraph .
fulfilled, the security mentioned in Article 3 ( 1 ) of
Regulation (EEC) No 3197/73 shall be forfeit in
                                                                                            Article 8
respect of a quantity equal to the difference between :
(a) 93 % of the net quantity indicated on the export                During the period in which Summer Time applies in
      licence , and
                                                                   Italy, the times fixed for the lodging of offers shall be
(b) the net quantity actually exported .                           regarded in that Member State as extended by one
                                                                   hour. During the period during which Summer Time
2.      However, if the exported quantity is less than             does not apply in the United Kingdom and in
7 % of the net quantity indicated on the licence, the              Ireland, the times fixed for the lodging of offers shall
security shall be forfeit in totality.                             be regarded in those Member States as brought
3.      On request by the titular holder, Member States            forward by one hour.
may release parts of the security in proportion to the
quantities of product for which the proof of export, in
accordance with Article 7 ( 1 ) of Regulation (EEC) No                                      Article 9
3197/73 , has been delivered and in so far as that proof
provides evidence that a quantity equal to at least 7 %            This Regulation shall enter into force on the day
of the net quantity indicated on the licence has been              following its publication in the Official Journal of
exported .                                                          the European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 16 April 1974.
                                                                             For the Commission
                                                                                 The President
                                                                            François-Xavier ORTOLI
(') OJ No L 1 58 , 20 . 7 . 1970 , p . 1
 ---pagebreak--- 17. 4 . 74                      Official Journal of the European Communities                               No L 104/ 15
                                                       ANNEX
                            Weekly tender for the export levy for husked long grained rice
                                             NOTICE OF TENDER No . . .
           Expiry of the period for lodging tenders (date/time).
                      1                    2                                        3
             Numbering of the           Quantity                Amount of export levy in national currency
                  tenders            in metric tons                          per metric ton
                      1
                     2
                     3
                     4
                     5
                    etc .