CELEX: 31989R1261
Language: en
Date: 1989-05-09 00:00:00
Title: Commission Regulation (EEC) No 1261/89 of 8 May 1989 on an invitation to tender for the refund on export of wholly milled medium grain rice to certain third countries

No L 126/ 14                           Official Journal of the European Communities                                  9 . 5 . 89
                                   COMMISSION REGULATION (EEC) No 1261/89
                                                       of 8 May 1989
                 on an invitation to tender for the refund on export of wholly milled medium
                                          grain rice to certain third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European                                      Article 1
Economic Community,
                                                                  1 . An invitation to tender is hereby opened, for the
Having regard to Council Regulation (EEC) No 1418/76              export refund referred to in Article 4 of Regulation (EEC)
of 21 June 1976 on the common organization of the                 No 1431 /76, for Zones I to VI and Zone VIII excluding
market in rice ('), as last amended by Regulation (EEC)           Guyana, Madagascar and Surinam, of Annex I to Regula­
No 2229/88 (2), and in particular Article 17 thereof,             tion (EEC) No 1124/77.
                                                                  2. The invitation to tender shall be open until 27 July
Having regard to Council Regulation (EEC) No 1431 /76             1989. During that period weekly invitations to tender
of 21 June 1976 laying down general rules for granting            shall be issued and the date for submission of tenders
export refunds on rice and criteria for fixing the amount         shall be determined in the notice of invitation to tender.
of such refunds (3), and in particular Article 4 thereof,
                                                                  3. The invitation to tender shall take place in accord­
Whereas examination of the balance sheet shows that               ance with the provisions of Regulation (EEC) No 584/75
exportable amounts of rice are currently held by produ­           and with the following provisions.
cers ; whereas this situation could affect the normal
development of producer prices during the 1988/89                                          Article 2
marketing year ;
                                                                  A tender shall be valid only if it covers a quantity for
Whereas, in order to remedy this situation, it is appro­          export of at least 50 tonnes but not more than 5 000
                                                                  tonnes .
priate to make use of export refunds to zones which may
be supplied by the Community ; whereas the special situ­
ation of the rice market makes it necessary to limit the                                   Article 3
quantities of rice benefiting from the refunds, and there­
fore to apply Article 4 of Regulation (EEC) No 1431 /76           The security referred to in Article 3 of Regulation (EEC)
enabling the amount of refund to be fixed by tendering            No 584/75 shall be ECU 20 per tonne.
procedure ;
                                                                                           Article 4
Whereas it should be stated that the provisions of
Commission Regulation (EEC) No 584/75 of 6 March                  1 . Notwithstanding the provisions of Article 21 (1 ) of
1975 laying down detailed rules for the application of the        Commission Regulation (EEC) No 3719/88 (8), export
system of tendering for export refunds on rice (4), as last       licences issued within this invitation to tender shall, for
amended by Regulation (EEC) No 379/89 (*), apply to this          the purposes of -determining their period of validity, be
invitation to tender ;                                            considered as having been issued on the day the tender
                                                                  was submitted.
                                                                  2.    The licences shall be valid from their date of issue,
Whereas, in order to avoid disturbances on the markets of         within the meaning of paragraph 1 , until the end of the
the producing countries, the markets of destination               third month following.
should be limited to Zones I to VI and Zone VIII,
excluding Guyana, Madagascar and Surinam, noted in                                         Article 5
Annex I to Regulation (EEC) No 1 1 24/77 (*), as last
amended by Regulation (EEC) No 296/89 Q ;                         Tenders submitted must reach the Commission through
                                                                  the Member States not later than one and a half hours
Whereas the measures provided for in this Regulation are          after expiry of the time limit for weekly submission of
in accordance with the opinion of the Management                  tenders as laid down in the notice of invitation to tender.
Committee for Cereals,                                            They must be transmitted in accordance with the table
                                                                  given in the Annex.
(') OJ  No L  166, 25. 6. 1976, p. 1 .                            If no tenders are submitted, the Member States shall
(2) OJ  No L  197, 26. 7. 1988, p. 30.
0   OJ No  L  166, 25. 6. 1976, p. 36.                            inform the Commission accordingly within the same time
(♦) OJ No  L 61 , 7. 3. 1975, p. 25.                              limit as that given in the above subparagraph.
(j OJ No L 44, 16. 2. 1989, p. 22.
(j OJ No L 134, 28. 5. 1977, p. 53.
f) OJ No L 30, 2. 2. 1988, p. 9.                                  (8) OJ No L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak--- 9 . 5. 89                                Official Journal of the European Communities                                No L 126/ 15
                              Article 6                                2.    Where a maximum export refund is fixed, an award
                                                                       shall be made to the tenderer or tenderers whose tenders
                                                                       are at or below the maximum export refund level.
The time set for submitting tenders shall be Belgian time.
                                                                                                  Article 8
                                                                       The time limit for submission of tenders for the first
                              Article 7
                                                                       partial invitation to tender shall expire on 25 May 1989 at
                                                                       10 a.m. (Belgian time).
1.     On the basis of tenders submitted, the Commission
shall decide in accordance with the procedure laid down                The final date for submission of tenders is hereby fixed at
in Article 27 of Regulation (EEC) No 1418/76 :                         27 July 1989 .
— either to fix a maximum export refund, taking account                                           Article 9
     of the criteria laid down in Articles 2 and 3 of Regula­          This Regulation shall enter into force on the day
     tion (EEC) No 1431 /76,                                           following its publication in the Official Journal of the
— or not to take any action on the tenders.                            European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 8 May 1989 .
                                                                                  For the Commission
                                                                                   Ray MAC SHARRY
                                                                             Member of the Commission
                                                                ANNEX
                   Weekly invitation to tender lor the refund on export of wholly milled medium grain rice
                                                       to certain third countries
                                        (Closing date for the submission of tenders (date/time))
                                1                2                                     3
                        Serial number       Quantities                      Amount of export refund
                           of tenders        in tonnes                          in ecu per tonne
                                1
                                2
                                3
                                4
                                5
                              etc.