31975R0784

27 . 3 . 75 No L 78 / 7 Official Journal of the European Communities

REGULATION (EEC) No 784/75 OF THE COMMISSION of 26 March 1975 on an invitation to tender for the levy and/or the refund for the export of husked long grain rice to third countries

THE COMMISSION OF THE EUROPEAN the commitments entered into by him when submit­ COMMUNITIES, ting his tender ; whereas these commitments include an obligation to lodge an application for an export Having regard to the Treaty establishing the European licence ; whereas compliance with this obligation may Economic Community ; be ensured by requiring the tenderer to give security when submitting his tender ; Having regard to Council Regulation No 359/ 67/EEC ( 1 ) of 25 July 1967 on the common organiza­ Whereas, in order to ensure equal treatment to all tion of the market in rice, as last amended by Regula­ concerned, it is necessary to make provision such that tion (EEC) No 476/75 (2) ; the effective period of validity of licences issued to 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 rules to be applied in the event of the rice market Whereas provision must be made to ensure the being disturbed, as last amended by Regulation (EEC) smooth operation of the procedure for tendering for No 477/75 (4), and in particular Article 4(2) thereof ; export levies and refunds ; whereas to this end it is 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/ 67/ EEC (5) of 25 July 1967 laying down general rules communication of tenders submitted to the compe­ tent authorities ; for granting export refunds on rice and criteria for fixing the amount of such refunds, as last amended by Regulation (EEC) No 478 /75 (6), and in particular Whereas the second subparagraph of Article 1 ( 1 ) of Article 3a thereof ; respectively 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 be open on equal terms to all persons established rice market, there should be opened in respect of husked long 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 cannot be ensured by the application of the exchange export refund provided for in Article 3a of Regulation No 366/ 67/ EEC ; rates applicable for the purposes of the common agri­ cultural policy, since monetary compensatory amounts do not apply in the rice sector ; whereas it is therefore Whereas the detailed rules governing invitations to advisable to make provision for the effects of the tender are as regards the export levy contained in Commission Regulation (EEC) No 3197/ 73 ( 7) of 23 monetary situation to be taken into account in respect of each tender ; November 1973 establishing the conditions for the 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 Whereas the measures provided for in this Regulation Commission Regulation ( EEC) No 584/75 (9) of 6 are in accordance with the Opinion of the Manage­ March 1975 laying down detailed rules for the applica­ ment Committee for Cereals , tion of the system of tendering for export refunds on rice ;

Whereas the objective of the tendering procedure can HAS ADOPTED THIS REGULATION : be attained only if every successful tenderer fulfils all

(') OJ No 174, 31 . 7. 1967, p. 1 . Article I (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 . 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 (<-) OJ No L 52, 28 . 2. 1974, p. 34. Council Regulation ( EEC) No 2737/ 73 and/or the (7) OJ No L 326, 27. 11 . 1973, p. 10 . (8) OJ No L 61 , 7. 3 . 1975 , p . 24 . export refund provided for in Article 3a of Regulation O OJ No L 61 , 7. 3 . 1975, p . 25. No 366/ 67/ EEC .

No L 78 / 8 Official Journal of the European Communities 27 . 3 . 75

2 . The invitation to tender shall relate to husked Article 7 long grain rice. The tenders submitted must reach the Commission 3 . The invitation shall remain open until 29 May through the intermediary of Member States at the 1975. During this period weekly awards shall be latest one and a half hours after expiry of the period made, the time limits for the submission of tenders to for the weekly submission of tenders as specified in be as prescribed in the notice of invitation to tender. the notice of invitation to tender. They must be communicated in the form indicated in the Annex Article 2 hereto .

A tender shall be valid only if it relates to an amount If no tenders are received, Member States shall inform of not less than 20 metric tons . the Commission of this within the time limit indi­ cated in the preceding paragraph . Article 3

The security referred to in Article 3 of Regulation Article 8 (EEC) No 3197/73 and of Regulation (EEC) No 584/75 shall be 10 units of account per metric ton . During the period in which Summer Time applies in Italy, the times fixed for the submission of tenders Article 4 shall be regarded in that Member State as extended by one hour. During the period during which Summer If a tenderer fails to comply with the undertaking Time does not apply in the United Kingdom and in given by him pursuant to Article 2 (3) (b) of the Regu­ Ireland , the times fixed for the submission of tenders lations referred to in the preceding Article, no export shall be regarded in those Member States as brought licence shall be issued and the security lodged forward by one hour. pursuant to Article 3 of those Regulations shall accord­ ingly be forfeit.

Article9¶

By way of derogation from the provisions of Article 1 . By way of derogation from Article 5 of Regula­ 8 ( 1 ) and (2) of Regulation (EEC) No 193/75 (') export tions ( EEC) No 3197/73 and (EEC) No 584/75, the licences issued under Article 8 ( 1 ) of Regulation (EEC) Commission shall decide, under the procedure laid No 3197/73 or under the like provision of Regulation down in Article 26 of Regulation No 359/ 67/ EEC : (EEC) No 584/75 shall for the purpose of determining their period of validity be deemed to have been issued — to fix a maximum export refund, taking account in particular of the criteria laid down in Articles 2 on the day on which the tender was submitted . 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 1 . If the obligation to export is not fulfilled, the 3(1 ) (b) and (d) of Regulation ( EEC) No 2737/73, security mentioned in Article 3 of Regulations (EEC) or No 3197/73 and (EEC) No 584/75 shall be forfeit in — to make no award . respect of a quantity equal to the difference between : (a) 93 % of the net quantity indicated on the export 2. Where a maximum export refund is fixed a licence , contract shall be awarded to any tenderer whose (b) and the net quantity actually exported . x tender indicates a rate of refund equal to or less than such maximum export refund and to any tenderer 2. However, if the quantity exported is less than who has tendered for an export levy. 7 % of the net quantity indicated on the licence, the security shall be forfeit in its entirety. Where a minimum export levy is fixed a contract shall be awarded to any tenderer whose tender indi­ 3 . On request by the titular holder of the licence, cates a rate of levy equal to or greater than such Member States may release the security by instalments minimum export levy . in proportion to the quantities of product for which proof of exportation as referred to in Article 7(1 ) of Regulations (EEC) No 3197/73 and (EEC) No 584/75 Article 10 has been furnished, provided that such proof esta­ blishes that a quantity equal to at least 7 % of the net quantity indicated on the licence has been exported . 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 /9 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

No L 78 / 10 Official Journal of the European Communities 27 . 3 . 75

ANNEX

Weekly tender for the levy/refund for the export of husked 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 ->

4

s

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.