31974R0813

6 . 4 . 74 Official Journal of the European Communities No L 96/ 11

REGULATION (EEC) No 813/74 OF THE COMMISSION of 5 April 1974 on an invitation to tender for the levy for export of milled long grained rice to certain third countries

THE COMMISSION OF THE EUROPEAN Whereas the fixing of an export levy by means of a COMMUNITIES, tendering procedure must permit better management of the market ; whereas this objective could be jeopar­ Having regard to the" Treaty establishing the European dized by too short a period of validity for the export Economic Community ; licence ; whereas use should therefore be made of the possibility provided for in the second subparagraph of Having regard to Council Regulation No 359/ Article 1 ( 1 ) of Regulation (EEC) No 3197/73 by 67/EEC ( 1 ) of 25 July 1967 on the common organiza­ fixing a special period of validity for licences, issued tion of the market in rice, as last amended by the Act under this invitation to tender ; of Accession (2) ;

Having regard to Council Regulation (EEC) No Whereas the smooth working of a procedure for 2737/73 (3) of 8 October 1973 laying down general tendering for export levies must be ensured ; whereas rules to be applied in the event of the rice market to this end it is appropriate to prescribe a minimum being disturbed, and in particular Article 4 thereof ; quantity as well as the period during which tenders can be lodged and the form of the communication of Whereas the world market in rice is characterized by tenders lodged with the competent authorities ; an increase in prices due to an imbalance between the quantity on offer and the demand ; whereas, as a result Whereas the measures provided for in this Regulation of this, the supply of certain traditional export are in accordance with the Opinion of the Manage­ markets for milled long grained rice of the Commu­ ment Committee for Cereals, nity is threatened ; whereas, with the aim of improving this situation, an invitation should be issued, for milled long grained rice, to tender for the export levy provided for in Article 2(1 ), first indent, of HAS ADOPTED THIS REGULATION : Regulation (EEC) No 2737/73 for the markets concerned which are situated in the Zone V provided for in the Annex to Commission Regulation (EEC) No 941 /72 (4) of 5 May 1972, redefining the destina­ Article 1 tion zones for export refunds on cereals and rice ; 1 . An invitation to tender shall be issued for the Whereas the detailed rules to the tendering procedure export levy provided for in Article 2 ( 1 ), first indent, of to fix the export levy are contained in Commission Council Regulation (EEC) No 2737/73 . Regulation (EEC) No 3197/73 (5) of 23 November 1973 establishing the conditions for the application of 2. The invitation shall relate to milled long grained the system of tendering for export levies for rice ; rice for export to countries of the Zone V provided for Whereas the objective of the tendering procedure can in the Annex to Regulation (EEC) No 941 /72. be attained only if a successful tenderer fulfils all the commitments entered into at the moment of lodging 3 . The invitation is open until 31 May 1974. his tender ; whereas among these commitments is the During this period weekly invitations shall be issued obligation to lodge an application for an export for which the time limits for lodging of tenders shall licence ; whereas the security for tender exacted when be laid down in the notice of the tender. the tender is lodged can ensure that this obligation is respected ; 4. By way of derogation from Article 1 (2) of Regula­ tion (EEC) No 3197/73, the period which is required Whereas, in order to ensure equal treatment to all in­ between publication of the notice of tender and the terested parties, it is necessary to provide that the effec­ first date fixed for the deposit of tenders shall be 10 tive period of validity of licences issued under the days. tendering procedure to successful tenderers will be indentical ;

(>) OJ No 174, 31 . 7. 1967, p. 1 /67. Article 2 $ OJ No L 73, 27. 3. 1972, p. 14. (3) OJ No L 282, 9 . 10 . 1973, p. 13. (♦) OJ No L 107, 6 . 5. 1972, p. 10 . A tender shall be valid only if it relates to an amount (S) OJ No L 326, 23 . 11 . 1973, p. 10 , of not less than 250 metric tons .

No L 96/ 12 Official Journal of the European Communities 6 . 4 . 74

Article 3 the meaning of the previous paragraph for a period of ninety days. 1 . By way of derogation from the provisions of Article 3(1 ), second subparagraph of Regulation (EEC) Article 7 3197/73, the security to be lodged under this invita­ tion to tender must be equal to 50 % of the export 1 . When the obligation to export to the destination levy proposed by the tenderer concerned and may not provided for has not been fulfilled, the security be less than 15 units of account per metric ton . mentioned in Article 3(1 ) shall be forfeit in respect of a quantity equal to the difference between (a) 93 % of 2. By way of derogation from the provisions of the net quantity indicated on the export licence, and Article 7(1 ) of Regulation (EEC) No 3197/73 and (b) the net quantity actually exported. except in cases of force majeure, the security provided for in paragraph 1 shall only be released in respect of 2 . However, if this exported quantity is less than the quantity for which the tenderer has provided 7 % of the net quantity indicated on the licence, the proof that it has been put into free circulation in one security shall be forfeit in totality. of the countries of the zone referred to in Article 1 (2), 3 . On request by the titular holder, Member States or for which the tender has not been pursued. may release parts of the security in proportion to the quantities of product for which the proof referred to The proof referred to in the previous subparagraph in the second subparagraph of Article 3 (2) has been shall be provided by the production of the customs delivered and in so far as that provides evidence that a document or a copy or photocopy thereof certified as quantity equal to at least 7 % of the net quantity indi­ true by the competent authorities. cated on the licence has been exported to the destina­ The security shall be released immediately. tion in question .

Article 4 Article 8 The application for a licence and the licence shall The tenders lodged must reach the Commission have indicated in Box 13 the destination zone referred through the intermediary of Member States at the to in Article 1 (2). latest one and a half hours after the end of the period for the weekly lodging of tenders as provided for in The licence shall oblige the holder to export to that the notice of the tender. They must be communicated destination . in the form indicated in the Annex . Article 5 When there are no tenders , Member States shall inform the Commission of this within the time limit When the commitment mentioned in Article 2 (3) (b) indicated in the preceding paragraph . of Regulation ( EEC) No 3197/73 is not respected the export licence shall not be issued and, in Article 9 consequence, the security exacted under the provi­ During the period in which Summer Time applies in sions of Article 3 of that Regulation shall be forfeit. Italy, the times fixed for the lodging of offers shall be Article 6 regarded in that Member State as extended by one hour. During the period during which Summer Time 1 . By way of derogation from the provisions of Article does not apply in the United Kingdom and in 8(1 ) of Regulation ( EEC) No 1373/70 ('), the export Ireland, the times fixed for the lodging of offers shall licences issued under Article 8 ( 1 ) of Regulation (EEC) be regarded in those Member States as brought No 3197/73 shall be considered for the purpose of forward by one hour. determining their period of validity, as if they had been issued on the day on which the tender was Article 10 lodged . This Regulation shall enter into force the day 2 . Export licenses issued under this invitation to following its publication in the Official Journal of tender shall be valid from their date of issue , within the Euro/yean Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 5 April 1974 . For the Commission The President . Francois-Xiivier ORTOU

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

6 . 4 . 74 Official Journal of the European Communities No L 96/13

ANNEX

Weekly tender for the levy for export of milled long grained rice in the Zone V

Exipiry 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.