31975R2456

27 . 9 . 75 No L 251 / 13 Official Journal of the European Communities

REGULATION ( EEC) No 2456/75 OF THE COMMISSION of 26 September 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 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 ( J ) 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 tb 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 478 /75 (6), and in particular Whereas the second subparagraph of Article 1 ( 1 ) 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 wholly milled round grain rice an invitation to tender within the Community ; whereas by reason of the for the export levy provided for in the first indent of differing monetary circumstances in the various Article 2(1 ) of Regulation (EEC) No 2737/73 and for Member States, the satisfaction of this condition the export refund provided for in Article 3a of Regula­ cannot be ensured by the application of the exchange tion 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 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 174, 31 . 7 . 1967, p. 34. provided for in the first indent of Article 2(1 ) of ( b) 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 (9) OJ No L 61 , 7 . 3 . 1975 , p. 25 . No 366 / 67 / EEC .

No L 251 / 14 27 . 9 . 75 Official Journal of the European Communities

2. The invitation to tender shall relate to wholly blishes that a quantity equal to at least 7 % of the net milled round grain rice. quantity indicated on the licence has been exported.

3 . The invitation shall remain open until 29 Article 7 January 1976. During this period weekly awards shall be made , the time limits for the submission of tenders The tenders submitted must reach the Commission to be as prescribed in the notice of invitation to tender. through the intermediary of Member States at the latest one and half hours after expiry of the period for the weekly submission of tenders as specified in the Article 2 notice of invitation to tender. They must be communi­ cated in the form indicated in the Annex hereto . A tender shall be valid only if it relates to an amount of not less than 20 metric tons . If no tenders are received, Member States shall inform the Commission of this within the time limit indi­ Article 3 cated in the preceding paragraph .

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 in Article 3 of those Regulations shall accordingly be forfeit. Article 9 Article 5 1 . By way of derogation from Article 5 of Regula­ By way of derogation from the provisions of Article tions (EEC) No 3197/73 and (EEC) No 584/75, the 9 ( 1 ) and (2) of Regulation (EEC) No 193/75 (*), export Commission shall decide, under the procedure laid licences issued under Article 8 ( 1 ) of Regulation (EEC) down in Article 26 of Regulation No 359/67/ 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 3(1 ) Article 6 (b) and (d) of Regulation (EEC) No 2737/73, or — to make no award . 1 . If the obligation to export is not fulfilled, the security mentioned in Article 3 of Regulations (EEC) No 3197/73 and (EEC) No 584/75 shall be forfeit in 2. Where a maximum export refund is fixed a contract shall be awarded to any tenderer whose respect of a quantity equal to the difference between : tender indicates a rate of refund equal to or less than (a) 93 % of the net quantity indicated on the export such maximum export refund and to any tenderer licence, and who has tendered for an export levy. (b) the net quantity actually exported. Where a minimum export levy is fixed a contract 2. However, if the quantity exported is less than shall be awarded to any tenderer whose tender indi­ 7 % of the net quantity indicated on the licence, the cates a rate of levy equal to or greater than such security shall be forfeit in its entirety. minimum export levy.

3 . On request by the titular holder of the licence, Member States may release the security by instalments Article 10 in proportion to the quantities of product for which proof of exportation as referred to in Article 7 ( 1 ) of The rates used for converting into units of account Regulations (EEC) No 3197/73 and (EEC) No 584/75 those offers made in national currencies and for has been furnished, provided that such proof esta­ converting into national currencies the maximum refund or minimum levy as fixed in units of accounts (') OJ No L 25, 31 . 1 . 1975, p. 10 . shall be :

27 . 9 . 75 No L 251 / 15 Official Journal of the European Communities

— in the case of currencies held at any given Article 11 moment within 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 f P.J. LARDINOIS Member of the Commission

No L 251 / 16 Official Journal of the European Communities 27 . 9 . 75

ANNEX

weekly tender for the levy/refund for the export of wholly milled 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 2 3 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.