31975R2455

27 . 9 . 75 No L 251 /9 Official Journal of the European Communities

REGULATION (EEC) No 2455/75 OF THE COMMISSION of 26 September 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 licence ; whereas compliance with this obligation may COMMUNITIES, be ensured by requiring the tenderer to give security when submitting his tender ; Having regard to the Treaty establishing the European Economic Community ; Whereas, in order to ensure equal treatment to all Having regard to Council Regulation No 359/ concerned, it is necessary to make provision such that 67/EEC (1) of 25 July 1967 on the common organiza­ the effective period of validity of licences issued to tion of the market in rice, as last amended by Regula­ successful tenderers in connection with the invitation tion (EEC) No 476/75 (2) ; 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 Regulation (EEC) No 47^/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 rice market, there should be opened in respect of be open on equal terms to all persons established 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 2(1 ) of Regulation (EEC) No 2737/73 and for the Member States, the satisfaction of this condition 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 Whereas the detailed rules governing invitations to cultural policy, since monetary compensatory amounts tender are as regards the export levy contained in do not apply in the rice sector ; whereas it is therefore Commission Regulation (EEC) No 3197/73 (7) of 23 advisable to make provision for the effects of the November 1973 establishing the conditions for the monetary situation to be taken into account in respect application of the system of tendering for export of each tender ; levies on rice, as last amended by Regulation (EEC) 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 be attained only if every successful tenderer fulfils all the commitments entered into by him when submit­ HAS ADOPTED THIS REGULATION : ting his tender ; whereas these commitments include an obligation to lodge an application for an export

Article 1 (») OJ No 174, 31 . 7. 1967, p . 1 . (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 L 174, 31 . 7 . 1967, p. 34 . provided for in the first indent of Article 2(1 ) of (6) OJ No L 52, 28 . 2. 1975, 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 251 / 10 27. 9 . 75 Official Journal of the European Communities

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 through the intermediary of Member States at the January 1976. During this period weekly awards shall latest one and a half hours after expiry of the period be made, the time limits for the submission of tenders for the weekly submission of tenders as specified in to be as prescribed in the notice of invitation to the notice of invitation to tender. They must be tender. communicated in the form indicated in the Annex hereto . Article 2 If no tenders are received, Member States shall inform A tender shall be valid only if it relates to an amount the Commission of this within the time limit indi­ of not less than 20 metric tons . cated in the preceding paragraph.

Article 3 Article 8 The security referred to in Article 3 of Regulation (EEC) No 3197/73 and of Regulation (EEC) No During the period in which Summer Time applies in 584/75 shall be 10 units of account per metric ton. Italy, the times fixed for the submission of tenders shall be regarded in that Member State as extended by Article 4 one hour. During the period during which Summer Time does not apply in the United Kingdom and in If a tenderer fails to comply with the undertaking Ireland, the times fixed for the submission of tenders given by him pursuant to Article 2 (3) (b) of the Regu­ shall be regarded in those Member States as brought lations referred to in the preceding Article, no export forward by one hour. licence shall be issued and the security lodged pursuant to Article 3 of those Regulations shall accord­ ingly be forfeit. Article 9

Article 5 1 . By way of derogation from Article 5 of Regula­ tions (EEC) No 3197/73 and (EEC) No 584/75, the By way of derogation from the provisions of Article Commission shall decide, under the procedure laid 9 ( 1 ) and (2) of Regulation (EEC) No 193/75 (!) export down in Article 26 of Regulation No 359/67/EEC : licences issued under Article 8 ( 1 ) of Regulation (EEC) No 3197/73 or under the like provision of Regulation — to fix a maximum export refund, taking account in (EEC) No 584/75 shall for the purpose of determining particular of the criteria laid down in Articles 2 their period of validity be deemed to have been issued and 3 of Regulation No 366/67/EEC, or on the day on which the tender was submitted. — to fix a minimum export levy, taking account in particular of the criteria laid down in Article Article 6 3(l)(b) and (d) of Regulation (EEC) No 2737/73, or 1 . If the obligation to export is not fulfilled, the — to made no award . security mentioned in Article 3 of Regulations (EEC) 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 contract shall be awarded to any tenderer whose (a) 93 % of the net quantity indicated on the export tender indicates a rate of refund equal to or less than licence, and such maximum export refund and to any tenderer (b) the net quantity actually exported. who has tendered for an export levy. 2. However, if the quantity exported is less than Where a minimum export levy is fixed a contract 7 % of the net quantity indicated on the licence, the shall be awarded to any tenderer whose tender indi­ security shall be forfeit in its entirety. 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 Article 10 proof of exportation as referred to in Article 7 ( 1 ) of 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 blishes that a quantity equal to at least 7 % of the net those offers made in national currencies and for quantity indicated on the licence has been exported. converting into national currencies the maximum refund or minimum levy as fixed in units of account 0) OJ No L 25, 31 . 1 . 1975, p. 10. shall be :

27 . 9 . 75 Official Journal of the European Communities No L 251 / 11

— in the case of currencies held at any given Article 11 moment within a band of 2-25 % , the central rate, — in all other cases the average spot exchange rate during a week ending on the Tuesday immediately This Regulation shall enter into force on the day preceding the final date for the submission of following its publication in the Official Journal of tenders . the European Communities.

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

Done at Brussels, 26 September 1975.

For the Commission

P.J. LARDINOIS Member of the Commission

No L 251 / 12 27 . 9 . 75 Official Journal of the European Communities

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 I

2 Il 3 \

4 \

5 l

etc. I

II

1 2 3

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

1 2 I 3 4 5 etc.