31975R0586

7 . 3 . 75 No L 61 /31 Official Journal of the European Communities

REGULATION ( EEC) No 586/75 OF THE COMMISSION of 6 March 1975 on an invitation to tender for the levy and/or the refund for the export of wholly milled round grain rice to third countries

THE COMMISSION OF THE EUROPEAN Whereas the objective of the tendering procedure can COMMUNITIES, be attained only if every successful tenderer fulfils all the commitments entered into by him when submit­ ting his tender ; whereas these commitments include Having regard to the Treaty establishing the European an obligation to lodge an application for an export Economic Community ; licence ; whereas compliance with this obligation may be ensured by requiring the tenderer to give security when submitting his tender ; Having regard to Council Regulation No 359/ 67/EEC ( ! ) of 25 July 1967 on the common organiza­ tion of the market in rice, as last amended by Regula­ Whereas, in order to ensure equal treatment to all tion ( EEC) No 476/75 (2) ; concerned, it is necessary to make provision such that the effective period of validity of licences issued to successful tenderers in connection with the invitation Having regard to Council Regulation (EEC) No to tender is identical ; 2737/73 (3) of 8 October 1973 laying down general rules to be applied in the event of the rice market being disturbed, as last amended by Regulation (EEC) Whereas provision must be made to ensure the No 477/75 (4), and in particular Article 4 (2) thereof ; smooth operation of the procedure for tendering for export levies and refunds ; whereas to this end it is appropriate to prescribe a minimum quantity to be Having regard to Council Regulation No 366/ tendered for and a time limit and form for the 67/EEC (5) of 25 July 1967 laying down general rules communication of tenders submitted to the compe­ for granting export refunds on rice and criteria for tent authorities ; fixing the amount of such refunds, as last amended by Regulation (EEC) No 478 /75 ( 6), and in particular Article 3a thereof ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ ment Committee for Cereals, Whereas, having regard to the current situation on the rice market, there should be opened in respect of wholly milled round grain rice an invitation to tender for the export levy provided for in the first indent of Article 2 ( 1 ) of Regulation ( EEC) No 2737/73 and for HAS ADOPTED THIS REGULATION : the export refund provided for in Article 3a of Regula­ tion No 366/ 67/ EEC ;

Whereas the detailed rules governing invitations to Article 1 tender are as regards the export levy contained in Commission Regulation (EEC) No 31 97/73 (7) of 23 November 1973 establishing the conditions for the 1 . Tenders shall be invited for the export levy application of the system of tendering for export provided for in the first indent of Article 2 ( 1 ) of levies on rice and as regards the export refund in Council Regulation ( EEC) No 2737/ 73 and/or the . Commission Regulation (EEC) No 584/75 (8) of 6 export refund provided for in Article 3a of Regulation March 1975 laying down detailed rules for the applica­ No 366 / 67 / EEC . tion of the system of tendering for export refunds on rice ; 2. The invitation to tender shall relate to wholly (■) OJ No 174, 31 . 7. 1967, p. 1 . milled round grain rice . (2) OJ No L 52, 28 . 2. 1975, p. 31 . (3) OJ No L 282, 9 . 10 . 1973, p. 13 . (4) OJ No L 52, 28 . 2. 1975, p. 33 . 3 . The invitation shall remain open until 29 May (5) OJ No 174, 31 . 7. 1967, p. 34. 1975. During this period weekly awards shall be (b) OJ No L 52, 28 . 2. 1975, p . 34. made, the time limits for the submission of tenders to (7) OJ No L 326, 27 . 11 . 1973 , p. 10 . (8) See page 25 of this Official Journal. be as prescribed in the notice of invitation to tender.

No L 61 / 32 Official Journal of the European Communities 7 . 3 . 75

Article 2 latest one and a half hours after expiry of the period for the weekly submission of tenders as specified in A tender shall be valid only if it relates to an amount the notice of invitation to tender. They must be of not less than 20 metric tons . communicated in the form indicated in the Annex hereto . Article 3 If no tenders are received , Member States shall inform The security referred to in Article 3 of Regulation the Commission of this within the time limit indi­ (EEC) No 3197/73 and of Regulation (EEC) No cated in the preceding paragraph. 584/75 shall be 10 units of account per metric ton .

Article 4 Article 8 If a tenderer fails to comply with the undertaking given by him pursuant to Article 2 (3) (b) of the Regu­ During the period in which Summer Time applies in lations referred to in the preceding Article, no export Italy, the times fixed for the submission of tenders licence shall be issued and the security lodged shall be regarded in that Member State as extended by pursuant to Article 3 of those Regulations shall accord­ one hour. During the period during which Summer ingly be forfeit. Time does not apply in the United Kingdom and in Ireland, the times fixed for the submission of tenders shall be regarded in those Member States as brought Article 5 forward by one hour. By way of derogation from the provisions of Article 8 ( 1 ) and (2) of Regulation (EEC) No 193/75 (*) export licences issued under Article 8 ( 1 ) of Regulation (EEC) Article 9 No 3197/73 or under the like provision of Regulation (EEC) No 584/75 shall for the purpose of determining their period of validity be deemed to have been issued 1 . By way of derogation from Article 5 of Regula­ on the day on which the tender was submitted . tions (EEC) No 3197/73 and ( EEC) No 584/75 the Commission shall decide, under the procedure laid down in Article 26 of Regulation No 359/67/ EEC : Article 6 — to fix a maximum export refund, taking account in 1 . If the obligation to export is not fulfilled, the particular of the criteria laid down in Articles 2 security mentioned in Article 3 of Regulations (EEC) and 3 of Regulation No 366/67/EEC, or No 3197/73 and (EEC) No 584/75 shall be forfeit in respect of a quantity equal to the difference between : — to fix a minimum export levy, taking account in particular of the criteria laid down in Article 3 ( 1 ) (a) 93 % of the net quantity indicated on the export (b) and (d) of Regulation (EEC) No 2737/73, or licence and — to make no award . (b) the net quantity actually exported .

2. However, if the quantity exported is less than 2. Where a maximum export refund is fixed a 7 % of the net quantity indicated on the licence, the contract shall be awarded to any tenderer whose security shall be forfeit in its entirety. tender indicates a rate of refund equal to or less than such maximum export refund and to any tenderer 3 . On request by the titular holder of the licence , who has tendered for an export levy. Member States may release the security by instalments in proportion to the quantities of product for which proof of exportation as referred to in Article 7 ( 1 ) of Where a minimum export levy is fixed a contract Regulations (EEC) No 3197/73 and (EEC) No 584/75 shall be awarded to any tenderer whose tender indi­ has been furnished, provided that such proof esta­ cates a rate of levy equal to or greater than such blishes that a quantity equal to at least 7 % of the net minimum export levy. quantity indicated on the licence has been exported .

Article 7 Article 10 The tenders submitted must reach the Commission through the intermediary of Member States at the This Regulation shall enter into force on the day following its publication in the Official Journal of (!) OJ No L 25, 31 . 1 . 1975, p. 10 . the European Communities.

No L 61 / 33 7 . 3 . 75 Official Journal of the European Communities

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

Done at Brussels, 6 March 1975. For the Commission P.J. LARDINOIS Member of the Commission

ANNEX

Weekly tender for the levy/refund for the export of wholly milled long grain rice to third countries

Expiry of the period for the submission of tenders (date/time)

I

1 2 3 Number of Quantity Amount of export levy in national currency tender in metric tons per metric ton

1 2

3 I

4

5

etc.

II

1 2 3 Number of Quantity Amount of export refund in national currency tender in metric tons per metric ton

1 2

3

4 5

etc.