31974R3037

3 . 12 . 74 Official Journal of the European Communities No L 323 / 5

REGULATION ( EEC) No 3037 / 74 OF THE COMMISSION of 2 December 1974 ■ on an invitation to tender for the export levy for husked long grain rice

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES,

Having regard to the Treaty establishing the European A rtic/e 1 Economic Community ;

Having regard to Council Regulation No 359/ 1 . Tenders shall be invited for the export levy 67/ EEC (') of 25 July 1967 on the common organiza­ provided for in the first indent of Article 2 ( 1 .) of tion of the market in rice, as last amended by Regula­ Council Regulation ( EEC) No 2737/ 73 . tion ( EEC) No 1 1 29/74 (2) ; !

2 . The invitation to tender shall relate to husked Having regard to Council Regulation (EEC) No long grain rice . 2737/73 (3) of 8 October 1973 laying down general rules to be applied in the event of the rice market being disturbed, and in particular Article 4 (2) 3 . The invitation shall remain open until 31 thereof ; January 1975 . During this period weekly awards shall be made , the time limits for the submission of tenders Whereas, having regard to the current situation on the being as prescribed in the notice of invitation to rice market, an invitation to tender for the export levy tender . provided for in the first indent of Article 2 ( 1 ) of Regu­ lation ( EEC) No 2737/ 73 should be opened in respect 4 . By way of derogation from Article 1 (2) of Regu­ of husked long grain rice ; lation ( EEC) No 3197/ 73 , the period required between publication of the notice of invitation to tender and Whereas the detailed rules relating to the organization the first closing date for the submission of tenders of the invitations to tender for the purpose of fixing shall be eight days . the export levy are contained in Commission Regula­ tion ( EEC) No 31 97/ 73 (4 ) of 23 November 1973 esta­ blishing the conditions for the application of the system of tendering for export levies of rice ; Article 2

Whereas the objective of the invitation to tender 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 by him when submit­ ting his tender ; whereas these commitments include an obligation to lodge an application for an export Article J licence ; whereas compliance with this obligation may be ensured by requiring tenderers to give security If a tenderer fails to comply with the undertaking when submitting their tenders ; whereas it follows that given by him pursuant to Article 2 (3) (b) of Regula­ such security will not be released where no such appli­ tion ( EEC) No 3197/ 73 , no export licence shall be cation is lodged ; issued and the security provided pursuant to Article 3 of that Regulation shall accordingly be forfeit . Whereas provision must be made to ensure the smooth operation of the procedure for tendering for export levies ; whereas to this end it is appropriate to prescribe a minimum quantity to be tendered for and Article 4 a time limit and form for the communication of tenders lodged with the competent authorities ; I. Where the obligation to export lias not been Whereas the measures provided for in this Regulation fulfilled , the security mentioned in Article 3 ( 1 ) of are in accordance with the Opinion of the Manage­ Regulation ( EEC ) No 3197 / 73 shall be forfeit in ment Committee for Cereals , respect of a quantity equal to the difference between :

(') OJ No 174 , 31 . 7 . 1967 , p. 1 . (a ) 93 % of the net quantity indicated on the export (') 0 | No L 12X , 29 . 4 . 1974, p. 20 . licence , and (•') O'l No L 2H2, 9 . |(). 1973 , p. 13 . Y) OJ No L 326, 27 . 11 . 1973 , p. 10 ( b ) the net quantity actually exported .

No L 323/6 Official Journal of the European Communities 3 . 12 . 74

2 . However, if the quantity exported is equal to or Where no tenders are received , Member States shall less than 7 % of the net quantity indicated on the inform the Commission of this within the time limit licence, the security shall be forfeit in its entirety . indicated in the preceding paragraph .

3 . On request by the titular holder of the licence, Article 6 Member States may release the security by instalments in proportion to the quantities of product in respect During the period in which Summer Time applies in of which proof of export as required under Article 7 Italy, the deadlines for the receipt of tenders shall be ( 1 ) of Regulation ( EEC) No 3197/73 has been regarded in that Member Si:nt ^ as extended by one furnished, provided that such proof establishes that a hour. During the period during which Summer Time quantity equal to at least 7 % of the net quantity indi­ does not apply in the United Kingdom and in Ireland cated on the licence has been exported . the deadlines tor the receipt of tenders shall be regarded in those Member States as brought forward Article 5 by one hour. The tenders lodged must reach the Commission through the intermediary of Member States at the Article 7 latest one and a half hours after expiry of the period for the weekly lodging of tenders as specified in the This Regulation shall enter into force on the day notice of invitation to tender. They must be communi­ following its publication in the Official Journal of cated in the form indicated in the Annex . the European Communities.

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

Done at Brussels, 2 December 1974 .

For the Commission The President Francois-Xavier ORTOLI

3 . 12 . 74 Official Journal of the European Communities No L 323 / 7

ANNEX

Weekly tender for the export levy for milled long grain rice

Notice of invitation to tender published in Official Journal No

Closing date for submission of tenders ( date/time ).

1 2 3 Numbering of Quantity Amount of export levy in national currency tenders in metric tons per metric ton

1 2 3 *

4 5

etc.