31975R0783
27 . 3 . 75 No L 78 /3 Official Journal of the European Communities
REGULATION (EEC) No 783 /75 OF THE COMMISSION of 26 March 1975 on an invitation to tender for the levy and/or the refund for the export of husked round grain rice to third countries
THE COMMISSION OF THE EUROPEAN ting his tender ; whereas these commitments include COMMUNITIES, an obligation to lodge an application for an export licence ; whereas compliance with this obligation may Having regard to the Treaty establishing the European be ensured by requiring the tenderer to give security Economic Community ; when submitting his tender ;
Having regard to Council Regulation No 359/ Whereas, in order to ensure equal treatment to all 67/ EEC (') of 25 July 1967 on the common organiza concerned, it is necessary to make provision such that tion of the market in rice, as last amended by Regula the effective period of validity of licences issued to tion ( EEC) No 476/75 (2) ; successful tenderers in connection with the invitation to tender is identical ; Having regard to Council Regulation (EEC) No 2737/73 (3) of 8 October 1973 laying down general Whereas provision must be made to ensure the rules to be applied in the event of the rice market smooth operation of the procedure for tendering for being disturbed, as last amended by Regulation (EEC) export levies and refunds ; whereas to this end it is No 477/75 (4), and in particular Article 4 (2) thereof ; appropriate to prescribe a minimum quantity to be tendered for and a time limit and form for the Having regard to Council Regulation No 366/ communication of tenders submitted to the compe 67/EEC (5) of 25 July 1967 laying down general rules tent authorities ; for granting export refunds on rice and criteria for fixing the amount of such refunds, as last amended by Whereas the second subparagraph of Article 1 ( 1 ) Regulation (EEC) No 478 /75 (6), and in particular Article 3a thereof ; respectively of Commission Regulations (EEC) No 3197/73 and (EEC) No 584/75 provides that invita Whereas, having regard to the current situation on the tions to tender for the export levy and/or refund shall rice market, there should be opened in respect of be open on equal terms to all persons established husked round grain rice an invitation to tender for the within the Community ; whereas by reason of the export levy provided for in the first indent of Article differing monetary circumstances in the various Member States, the satisfaction of this condition 2(1 ) of Regulation (EEC) No 2737/73 and for the export refund provided for in Article 3a of Regulation cannot be ensured by the application of the exchange No 366/67/ EEC ; rates applicable for the purposes of the common agri cultural policy, since monetary compensatory amounts Whereas the detailed rules governing invitations to do not apply in the rice sector ; whereas it is therefore tender are as regards the export levy contained in advisable to make provision for the effects of the Commission Regulation (EEC) No 3197/73 (7) of 23 monetary situation to be taken into account in respect November 1973 establishing the conditions for the of each tender ; application of the system of tendering for export levies on rice, as last amended by Regulation (EEC) Whereas the Monetary Committee will be consulted ; No 583/75 (8), and as regards the export refund in Commission Regulation (EEC) No 584/75 (9) of 6 Whereas the measures provided for in this Regulation March 1975 laying down detailed rules for the applica are in accordance with the Opinion of the Manage tion of the system of tendering for export refunds on ment Committee for Cereals, rice ;
Whereas the objective of the tendering procedure can be attained only if every successful tenderer fulfils all HAS ADOPTED THIS REGULATION : the commitments entered into by him when submit
(>) OJ No 174, 31 . 7. 1967, p. 1 . Article 1 (2) OJ No L 52, 28 . 2. 1975, p. 31 . Is) OJ No L 282, 9 . 10 . 1973, p. 13 . 4 OJ No L 52, 28 . 2. 1975, p. 33 . 1 . Tenders shall be invited for the export levy (5) OJ No 174, 31 . 7 . 1967, p . 34. provided for in the first indent of Article 2(1 ) of (6) OJ No L 52, 28 . 2. 1974, p. 34. Council Regulation (EEC) No 2737/73 and/or the O OJ No L 326, 27. 11 . 1973 , p . 10 . export refund provided for in Article 3a of Regulation (8) OJ No L 61 , 7. 3 . 1975, p . 24. H OJ No L 61 , 7. 3 . 1975, p. 25 . No 366 / 67/ EEC .
No L 78 /4 27 . 3 . 75 Official Journal of the European Communities
2 . The invitation to tender shall relate to husked blishes that a quantity equal to at least 7 % of the net round grain rice . quantity indicated on the licence has been exported .
3. The invitation shall remain open until 29 May Article 7 1975. During this period weekly awards shall be made, the time limits for the submission of tenders to The tenders submitted must reach the Commission be as prescribed in the notice of invitation to tender. through the intermediary of Member States at the latest one and a half hours after expiry of the period Article 2 for the weekly submission of tenders as specified in the notice of invitation to tender. They must be A tender shall be valid only if it relates to an amount communicated in the form indicated in the Annex of not less than 20 metric tons . hereto .
Article 3 If no tenders are received, Member States shall inform the Commission of this within the time limit indi The security referred to in Article 3 of Regulation cated in the preceding paragraph . (EEC) No 3197/73 and of Regulation (EEC) No 584/75 shall be 10 units of account per metric ton . Article 8
Article 4 During the period in which Summer Time applies in Italy, the times fixed for the submission of tenders If a tenderer fails to comply with the undertaking shall be regarded in that Member State as extended by given by him pursuant to Article 2 (3) (b) of the Regu one hour. During the period during which Summer lations referred to in the preceding Article, no export Time does not apply in the United Kingdom and in licence shall be issued and the security lodged Ireland , the times fixed for the submission of tenders pursuant to Article 3 of those Regulations shall accord shall be regarded in those Member States as brought ingly be forfeit. forward by one hour.
Article 5 Article 9 By way of derogation from the provisions of Article 8 ( 1 ) and (2) of Regulation (EEC) No 193/75 ('), export 1 . By way of derogation from Article 5 of Regula licences issued under Article 8 ( 1 ) of Regulation (EEC) tions ( EEC) No 3197/73 and ( EEC) No 584/75 , the No 3197/73 or under the like provision of Regulation Commission shall decide , under the procedure laid (EEC) No 584/75 shall for the purpose of determining down in Article 26 of Regulation No 359/ 67/ EEC ; their period of validity be deemed to have been issued — to fix a maximum export refund , taking account in on the day on which the tender was submitted . particular of the criteria laid down in Articles 2 and 3 of Regulation No 366/67/ EEC, or Article 6 — to fix a minimum export levy, taking account in particular of the criteria laid down in Article 3(1 ) 1 . If the obligation to export is not fulfilled , the (b) and (d) of Regulation ( EEC) No 2737/73, or security mentioned in Article 3 of Regulations ( EEC) — to make no award . No 3197/73 and ( EEC) No 584/75 shall be forfeit in respect of a quantity equal to the difference between : 2. Where a maximum export refund is fixed a (a) 93 % of the net quantity indicated on the export contract shall be awarded to any tenderer whose licence, tender indicates a rate of refund equal to or less than (b) and the net quantity actually exported . such maximum export refund and to any tenderer who has tendered for an export levy. 2. However, if the quantity exported is less than 7 % of the net quantity indicated on the licence, the Where a minimum export levy is fixed a contract security shall be forfeit in its entirety. shall be awarded to any tenderer whose tender indi cates a. rate of levy equal to or greater than such 3 . On request by the titular holder of the licence, minimum 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 Article 10 Regulations (EEC) No 3197/73 and ( EEC) No 584/75 has been furnished, provided that such proof esta The rates used for converting into units of account those offers made in national currencies and for (') OJ No L 25 , 31 . 1 . 1975, p. 10 . converting into national currencies the maximum
27 . 3 . 75 No L 78 / 5 Official Journal of the European Communities
refund or minimum levy as fixed in units of accounts in the course of which the period for the submis shall be : sion of tenders expires. — in the case of currencies held at any given Article 11 moment within a band of 2-25 % , the central rate ; This Regulation shall enter into force on the day — in all other cases the average spot exchange rate following its publication in the Official Journal of during a week ending on the Tuesday of the week the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 26 March 1975 .
For the Commission P.J. LARDINOIS Member of the Commission
Official Journal of the European Communities 27 . 3 . 75 No L 78 / 6
ANNEX
Weekly tender for the levy/refund for the export of husked round 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 I
2 I
5 \I
4 I
5 I
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.