31974R1638

28 . 6 . 74 Official Journal of the European Communities No L 173 /65

REGULATION (EEC) No 1638/74 OF THE COMMISSION of 27 June 1974 on an invitation to tender for the export levy for milled long grained rice

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES, Article 1 Having regard to the Treaty establishing the European Economic Community ; 1 . An invitation to tender shall be issued for the export levy provided for in Article 2(1 ), first indent of Having regard to Council Regulation No 359/ Council Regulation (EEC) No 2737/73 . 67/EEC (1) of 25 July 1967 on the common organiza­ 2. The invitation shall relate to milled long grained tion of the market in rice, as last amended by the Act rice . of Accession (2) ; 3 . The invitation is open until 9 August 1974. Having regard to Council Regulation (EEC) No During this period weekly invitations shall be issued 2737/73 (3) of 8 October 1973 laying down general for which the time limits for lodging of offers shall be rules to be applied in the event of the rice market laid down in the notice of the tender. being disturbed, and in particular Article 4 (2) thereof ; 4. By way of derogation from Article 1 (2) of Regula­ Whereas, having taken into account the current situa­ tion (EEC) No 3197/73, the period which is required tion on the > rice market, an invitation should be between publication of the notice of tender and the issued, for milled long grained rice, to tender for the first date fixed for the deposit of tenders shall be 10 export levy provided for in Article 2(1 ) first indent of days. Regulation (EEC) No 2737/73 ; Article 2 Whereas the detailed rules relating to the tendering procedure to fix the export levy are contained in A tender shall be valid only if it relates to an amount Commission Regulation (EEC) No 3197/73 (4) of 23 of not less than 20 metric tons . November 1973 establishing the conditions for the application of the system of tendering for export Article 3 levies for rice ; When the commitment mentioned in Article 2(3)(b) Whereas the objective of the tendering procedure can of Regulation (EEC) No 3197/73 is not respected the be attained only if the successful tenderer fulfils all export licence shall not be issued and, in the commitments entered into at the moment of consequence, the security exacted under the provi­ lodging his tender ; whereas among these commit­ sions of Article 3 of that Regulation shall be forfeit. ments is the obligation to lodge an application for an export licence ; whereas the security for tender Article 4 exacted when the tender is lodged can ensure that this obligation is respected ; whereas in default this secu­ 1 . When the obligation to export has not been rity shall not be released if such an application has fulfilled, the security mentioned in Article 3(1 ) of not been made ; Regulation (EEC) No 3197/73 shall be forfeit in respect of a quantity equal to the difference between : Whereas the smooth working of a procedure for tendering for export levies must be ensured ; whereas (a) 93 % of the net quantity indicated on the export licence, and to this end it is appropriate to prescribe a minimum quantity as well as the period during which tenders (b) the net quantity actually exported. can be lodged and the form of the communication of tenders lodged with the competent authorities ; 2. However, if the exported quantity is less than 7 % of the net quantity indicated on the licence, the security shall be forfeit in totality. Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ 3 . On request by the titular holder, Member States ment Committee for Cereals, may release parts of the security in proportion to the quantities of product for which the proof of export, in (') OJ No 174, 31 . 7. 1967, p. 1 . accordance with Article 7 ( 1 ) of Regulation (EEC) No (*) OJ No L 73, 27. 3 . 1972, p. 14. (>) OJ No L 282, 9. 10. 1973, p. 13 . 3197/73, has been delivered and in so far as that proof (4) OJ No L 326, 27. 11 . 1973, p. 10. provides evidence that a quantity equal to at least 7 %

No L 173/66 Official Journal of the European Communities 28 . 6 . 74

of the net quantity indicated on the licence has been Article 6 exported. During the period in which Summer Time applies in Italy, the times fixed for the lodging of offers shall be Article 5 regarded in that Member State as extended by one hour. During the period during which Summer Time The tenders lodged must reach the Commission does not apply in the United Kingdom and in through the intermediary of Member States at the Ireland, the times fixed for the lodging of offers shall latest one and a half hours after the end of the period be regarded in those Member States as brought for the weekly lodging of tenders as provided for in forward by one hour. the notice of the tender. They must be communicated in the form indicated in the Annex . Article 7 When there are no tenders, Member States shall This Regulation shall enter into force on the day inform the Commission of this within the time limit following its publication in the Official Journal of indicated in the preceding paragraph. the European Communities.

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

Done at Brussels, 27 June 1974. For the Commission

The President Francois-Xavier ORTOLI

28. 6. 74 Official Journal of the European Communities No L 173/67

ANNEX

Weekly tender for the export levy for milled long grained rice

Notice of invitation published in Official Journal 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.