31974R0888

17 . 4 . 74 Official Journal of the European Communities No L 104 / 13

REGULATION ( EEC) No 888 / 74 OF THE COMMISSION of 16 April 1974 on an invitation to tender for the export levy for husked 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 ( ! ) 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 Ocotber 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 husked 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 husked long Whereas the detailed rules relating to the tendering grained 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 ; 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 husked 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. (*) OJ No L 282, 9 . 10 . 1973 , p . 13 . consequence, the security exacted under the provi­ h OJ No L 326, 27. 11 . 1973, p . 10 . sions of Article 3 of that Regulation shall be forfeit.

No L 104/ 14 Official Journal of the European Communities 17 . 4 . 74

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 not 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 Article 9 accordance with Article 7 ( 1 ) of Regulation ( EEC) No 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 , 16 April 1974 .

For the Commission

The President François-Xavier ORTOLI

(') OJ No L 1 58 , 20 . 7 . 1970 , p . 1

17 . 4 . 74 Official Journal of the European Communities No L 104/ 15

ANNEX

Weekly tender for the export levy for husked long grained rice

NOTICE OF TENDER No . . .

Expiry 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 .