CELEX: 31981R0140
Language: en
Date: 1981-01-17 00:00:00
Title: Commission Regulation (EEC) No 140/81 of 16 January 1981 on an invitation to tender for the refund on export of milled long-grain rice to Poland

No L 15/ 10                               Official Journal of the European Communities                             17. 1 . 81
                                      COMMISSION REGULATION (EEC) No 140/81
                                                        of 16 January 1981
             on an invitation to tender for the refund on export of milled long-grain rice to
                                                              Poland
THE COMMISSION OF THE EUROPEAN                                      HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European                                        Article 1
Economic Community,
Having regard to Council Regulation (EEC) No                         1 . An invitation to tender is hereby opened for the
1418/76 of 21 June 1976 on the common organiza­                     export refund referred to in Article 4 of Regulation
tion of the market in rice (*), as last amended by the              (EEC) No 1431 /76.
Act of Accession of Greece (2), and in particular
Article 17 thereof,                                                 2.     The invitation to tender shall cover a maximum
                                                                    of 15 000 tonnes of milled long-grain rice for export
Having regard to Council Regulation (EEC) No                        to Poland .
1431 /76 of 21 June 1976 laying down general rules
for granting export refunds on rice and criteria for                3.     The invitation to tender shall be open until 31
fixing the amount of such refunds (3), and in particular            March 1981 . During that period, weekly invitations to
Article 4 thereof,                                                  tender shall be issued and the dates for submission of
                                                                    tenders shall be determined in the notices of invita­
Whereas the European Council, at its meeting on 1                   tion to tender.
and 2 December 1980, agreed to assist Poland to
purchase certain agricultural products within the
Community ; whereas the quantities of rice available                4. The invitation to tender shall take place in accor­
on the Community market make it possible to place                   dance with the provisions of Regulation (EEC) No
15 000 tonnes of milled long-grain rice at Poland's                 584/75 and with the following provisions.
disposal at reduced prices ;
Whereas, for this purpose, the provision in Article 4                                        Article 2
of Regulation (EEC) No 1431 /76 which lays down
that the level of the export refund may be fixed, as
                                                                    A tender shall be valid only if
appropriate, by means of the tender procedure, should
be implemented ;                                                    (a) it covers a quantity for export of at least 500
                                                                         tonnes but not more than 1 000 tonnes ;
Whereas it should be stated that the provisions of
Commission Regulation (EEC) No 584/75 of 6 March                    (b) it is accompanied by an application for an export
1975 laying down detailed rules for the application of                   licence lodged by the tenderer and by an applica­
the system of tendering for export refunds on rice (4),                  tion for advance fixing of the refund for the desti­
as amended by Regulation (EEC) No 3491 /80 (5),                          nation in question, drawn up pursuant to Article
apply to this invitation to tender ;                                     la of Regulation (EEC) No 584/75 ;
                                                                    (c) it is accompanied by proof of an undertaking to
Whereas, however, in view of the specific objectives of                  purchase by the Polish authorities covering the
the operation in question, appropriate measures                          invitation to tender in question and a given quan­
should be taken to ensure that the product qualifying                    tity ;
for the export refund does reach the intended destina­
tion ;                                                              (d) it provides all the information laid down in Article
                                                                         2 (2) of Regulation (EEC) No 584/75.
Whereas the measures provided for in this Regulation                Tenders may not be withdrawn .
are in accordance with the opinion of the Manage­
ment Committee for Cereals,
(>)  OJ No L 166, 25 .   6 . 1976, p. 1 .                                                    Article 3
(2)  OJ No L 291 , 19 .  11 . 1979 , p . 17.
(3 ) OJ No L 166 , 25 .  6 . 1976, p . 36 .
(4 ) OJ No L 61 , 7. 3 .  1975 , p . 25 .                            The security referred to in Article 3 of Regulation
(5 ) OJ No L 365, 31 .   12. 1980 , p . 15 .                         (EEC) No 584/75 shall be 50 ECU/tonne.
 ---pagebreak--- 17. 1 . 81                             Official Journal of the European Communities                          No L 15/ 11
                         Article 4                                If no tenders are submitted, the Member States shall
                                                                 inform the Commission accordingly within the same
1.      The security referred to in Article 3 shall be
released
                                                                 time limit as that given in the above subparagraph .
(a) if the tender was not accepted ;                                                      Article 7
(b) except in cases of force majeure, for quantities of          The time set for submitting tenders shall be Belgian
      the product for which the tenderer provides proof           time .
      of import into Poland.
      Such proof shall be provided pursuant to the provi­                                 Article 8
      sions of Article 20 of Regulation (EEC) No                  1.     On the basis of tenders submitted, the Commis­
      2730/79 ( i ).
                                                                  sion shall decide, in accordance with the procedure
2. In cases of force majeure, the provisions of                   laid down in Article 27 of Regulation (EEC) No
Articles 36 and 37 of Regulation (EEC) No 3183/80 (2)             1418 /76 :
shall apply.
                                                                 — either to fix a maximum export refund, taking
                                                                       account of the criteria laid down in Articles 2 and
                         Article 5
                                                                       3 of Regulation (EEC) No 1431 /76,
 1 . Notwithstanding the provisions of Article 21 ( 1 )           — or not to take any action on the tenders .
of Regulation (EEC) No 3183/80, export licences                   2.      Where a maximum export refund is fixed, an
issued within this standing invitation to tender shall,           award shall be made to the tenderer or tenderers
for the purposes of determining their period of                   whose tenders are at or below the maximum export
validity, be considered as having been issued on the              refund level .
day the tender was submitted.
2.      The licences shall be valid from their date of                                     Article 9
issue, within the meaning of paragraph 1 , until the              The time limit for submission of tenders for the first
end of the second month following.                                partial invitation to tender shall expire on 29 January
                                                                   1981 at 1 p.m . (Belgian time). The final date for
                          Article 6                               submission of tenders is hereby fixed at 26 March
                                                                   1981 .
Tenders     submitted    must     reach    the   Commission
 through the Member States not later than one and a                                       Article 10
 half hours after expiry of the time limit for weekly
 submission of tenders as laid down in the notice of              This Regulation shall enter into force on the day
 invitation to tender. They must be transmitted in                 following its publication in the Official Journal of
 accordance with the table given in the Annex .                    the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                 Done at Brussels, 16 January 1981 .
                                                                             For the Commission
                                                                                 The President
                                                                               Gaston THORN
  (') OJ No L 317, 12. 12. 1979, p . 1 .
   2 OJ No L 338 , 13 . 12. 1980 , p . 1 .
 ---pagebreak--- No L 15/ 12                    Official Journal of the European Communities                          17. 1 . 81
                                                     ANNEX
            Weekly invitation to tender for the refund on export of milled long-grain rice to Poland
                            End of the time limit for submission of tenders (date/time)
                    1                   2                                      3
             Serial number          Quantities                   Amount of the export refund
              of tenderers          in tonnes                   in national currency per tonne
                     1
                    2
                    3
                    4
                    5
                   etc.