31973R3554

No L 361 /44 Official Journal of the European Communities 29 . 12 . 73

REGULATION ( EEC) No 3554/ 73 OF THE COMMISSION of 21 December 1973 on an invitation to tender for the export levy for husked long grained rice

THE COMMISSION OF THE EUROPEAN tive period of validity of licences issued under the COMMUNITIES , tendering procedure to successful tenderers will be identical ; Having regard to the Treaty establishing the European Economic Community ; Whereas the smooth working of a procedure for tendering for export levies must be ensured ; whereas to this end it is appropriate to prescribe a minimum Having regard to Council Regulation No 359/ quantity as well as the period during which tenders 67/ EEC (') of 25 July 1967 on the common organiza­ can be lodged and the form of the communication of tion of the market in rice, as last amended by the Act tenders lodged with the competent authorities ; of Accession (2) ;

Whereas the measures provided for in this Regulation Having regard to Council Regulation (EEC) No are in accordance with the Opinion of the Manage­ 2737/73 (3) of 8 October 1973 laying down general ment Committee for Cereals, rules to be applied in the event of the rice market being disturbed , and in particular Article 4 (2) thereof ;

HAS ADOPTED THIS REGULATION : Whereas, having taken into account the current situa­ tion on the rice market, an invitation should be issued, for husked long grained rice, to tender for the Article I export levy provided for in Article 2 ( 1 ), first indent of Regulation ( EEC) No 2737/73 ; 1 . An invitation to tender shall be issued for the export levy provided for in Article 2 ( 1 ), first indent of Whereas the detailed rules relating to the tendering Council Regulation ( EEC) No 2737/73 . procedure to fix the export levy are contained in Commission Regulation ( EEC) No 3197/73 (4) of 23 2 . The invitation shall relate to husked long November 1973 establishing the conditions for the grained rice . application of the system of tendering for export levies for rice ; 3 . The invitation is open until 29 March 1974 . During this period weekly invitations shall be issued Whereas, in order to allow the tenderers to have for which the time limits for lodging of offers shall be paddy rice processed into husked rice or to consider down in the notice of the tender. contracts of longer duration , provision should be made for a special rule on the period of validity of the export licences ; Article 2

Whereas the objective of the tendering procedure can A tender shall be valid only if it relates to an amount be attained only if the successful tenderer fulfils all of not less than 20 metric tons . the commitments entered into at the moment of lodging his tender ; whereas among these commit­ ments is the obligation to lodge an application for an Article 3 export licence ; whereas the security for tender exacted when the tender is lodged can ensure that this An export licence issued in terms of this tender shall obligation is respected ; whereas in default this secu­ be valid for ninety days from its date of issue. rity shall not be released if such an application has not been made ; Article 4 Whereas, in order to ensure equal treatment to all inte­ rested parties, it is necessary to provide that the effec­ 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 (l) OJ No L 73 , 27 . 3 . 1972, p . 14. P OJ No L 282, 9 . 1 I. 1973 , p . 13 . consequence, the security exacted under the provi­ (■*) OJ No L 326, 27 . 11 . 1973 , p. 10 . sions of Article 3 of that Regulation shall be forfeit.

29 . 12 . 73 Official- Journal of the European Communities No L 361 /45

Article5¶

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 no tenders, Member States shall Article 6 inform the Commission of this within the time limit indicated in the preceding paragraph . 1 . When the obligation to export has not been 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, 21 December 1973 . For the Commission

The President Francois-Xavier ORTOLI

(') OJ No L 158 , 20 . 7. 1970, p. 1 .

No L 361 /46 Official Journal of the European Communities 29. 12 . 73

ANNEX

Weekly tender for the export levy for husked long grained rice

NOTICE OF TENDER No . . .

Expiry of the period for lodging tenders (idate/time).

l 2 3 Numbering of the Amount of export levy in national tenders Quantity in metric tons currency per metric ton

1

2

3

4

5

etc .