CELEX: 31974R0994
Language: en
Date: 1974-04-25 00:00:00
Title: Regulation (EEC) No 994/74 of the Commission of 25 April 1974 on an invitation to tender for the export levy for milled long grained rice

26 . 4. 74                                Official Journal of the European Communities                            No L 113 /37
                               REGULATION (EEC) No 994/74 OF THE COMMISSION
                                                         of 25 April 1974
                   on an invitation to tender for the export levy for milled 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 ( J ) 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 October 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 milled 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 milled long grained
Whereas the detailed rules relating to the tendering                 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 ;                                                    laid 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 milled 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.
(3  OJ  No   L 282, 9 . 10 . 1973 , p. 13 .                          consequence , the security exacted under the provi­
(4) OJ  No   L 326, 27 . 11 . 1973 , p . 10 .                        sions of Article 3 of that Regulation shall be forfeit.
 ---pagebreak--- No L 113 /38                            Official Journal of the European Communities                              26. 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 1373/70 (*), 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, 25 April 1974.
                                                                             For the Commission
                                                                                 The President
                                                                            Francois-Xavier ORTOLI
(i ) OJ No L 158 , 20 . 7. 1970, p. 1 .
 ---pagebreak--- 26. 4. 74                        Official Journal of the European Communities                             No L 113 /39
                                                       ANNEX
                             Weekly tender for the export levy for milled long grained rice
                                            NOTICE OF TENDER No . . .
          Expiry of the period for lodging tenders (date/time)
                     1         I          2          I                             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 .