31975R2975

14 . 1 . 75 Official Journal of the European Communities No L 295/21

REGULATION ( EEC) No 2975/75 OF THE COMMISSION

of 12 November 1975

on an invitation to tender for the levy and/or the refund for the export of wholly milled long grain rice to countries of Zone IV

THE COMMISSION OF THE EUROPEAN Commission Regulation (EEC) No 584/75 (10) of 6 COMMUNITIES, March 1975 laying down detailed rules for the applica­ tion of the system of tendering for export refunds on Having regard to the Treaty establishing the European rice ; Economic Community ;

Having regard to Council Regulation No 359/ Whereas the objective of the tendering procedure can 67/EEC (') of 25 July 1967 on the common organiza­ be attained only if every successful tenderer fulfils all tion of the market in rice, as last amended by Regula­ the commitments entered into by him when submit­ tion ( EEC) No 668 /75 (2) ; ting his tender ; whereas these commitments include an obligation to lodge an application for an export Having regard to Council Regulation (EEC) No licence ; whereas compliance with this obligation may 2737/73 (3) of 8 October 1973 laying down general be ensured by requiring the tenderer to give security rules to be applied in the event of the rice market when submitting his tender ; being disturbed, as last amended by Regulation ( EEC) No 477/75 (4), and in particular Article 4 (2) thereof ;

Whereas, in order to ensure equal treatment to all Having regard to Council Regulation No 366/ concerned, it is necessary to make provision such that 67/ EEC (5) of 25 July 1967 laying down general rules the effective period of validity of licences issued to for granting export refunds on rice and criteria for successful tenderers in connection with the invitation fixing the amount of such refunds, as last amended by to tender is identical ; Regulation (EEC) No 478/75 (6), and in particular Article 3a thereof ;

Whereas, having regard to the current situation on the Whereas provision must be made to ensure the rice market, there should be opened in respect of smooth operation of the procedure for tendering for wholly milled long grain rice an invitation to tender export levies and refunds ; whereas to this end it is for the export levy provided for in the first indent of appropriate to prescribe a minimum quantity to be tendered for and a time limit and form for the Article 2 ( 1 ) of Regulation (EEC) No 2737/73 and/or for the export refund provided for in Article 3a of communication of tenders submitted to the compe­ Regulation No 366/67/ EEC ; tent authorities ;

Whereas, in order to participate in the supply of certain markets, the invitation to tender for export Whereas the second subparagraph of Article 1 ( 1 ) of should be limited to the markets concerned , which respectively Commission Regulations (EEC) No are situated in Zone IV as defined in the Annex to 3197/73 and ( EEC) No 584/75 provides that invita­ Commission Regulation (EEC) No 941 /72 (7) of 5 May tions to tender for the export levy and/or refund shall 1972 re-defining the destination zones for export be open on equal terms to all persons established refunds on cereals and rice ; within the Community ; whereas, by reason of the differing monetary circumstances in the various Whereas the detailed rules governing invitations to Member States, the satisfaction of this condition tender are as regards the export levy contained in cannot be ensured by the application of the exchange Commission Regulation (EEC) No 3197/73 (8) of 23 rates applicable for the purposes of the common agri­ November 1973 establishing the conditions for the cultural policy, since monetary compensatory amounts application of the system of tendering for export do not apply in the rice sector ; whereas it is therefore levies on rice, as last amended by Regulation (EEC) advisable to make provision for the effects of the No 583/75 (9), and as regards the export refund in monetary situation to be taken into account in respect of each tender : (') OJ No 174, 31 . 7. 1967, p. 1 . (2) OJ No L 72, 20 . 3 . 1975, p. 18 . (3) OJ No L 282, 9 . 10 . 1973, p. 13 . (") OJ No L 52, 28 . 2. 1975, p. 33 . Whereas the measures provided for in this Regulation (5) OJ No 174, 31 . 7. 1967, p. 34. are in accordance with the Opinion of the Manage­ (b) OJ No L 52, 28 . 2. 1975, p. 34. ment Committee for Cereals, (7) OJ No L 107, 6. 5. 1972, p. 10 . (8) OJ No L 326, 27. 11 . 1973, p. 10 . H OJ No L 61 , 7. 3 . 1975, p. 24. ( ,0) OJ No L 61 , 7. 3 . 1975, p. 25 .

No L 295 / 22 14 . 11 . 75 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : export licences issued under Article 8 ( 1 ) of Regula­ tion (EEC) No 3197/73 or under the like provision of Article 1 Regulation (EEC) No 584/75 shall for the purpose of determining their period of validity be deemed to 1 . Tenders shall be invited for the export levy have been issued on the day on which the tender was provided for in the first indent of Article 2 ( 1 ) of submitted . Council Regulation (EEC) No 2737/73 and/or the export refund provided for in Article 3a of Regulation 2. Export licences issued in connection with the No 366/ 67/ EEC . invitation to tender pursuant to this Regulation shall be valid from their date of issue, as defined in the 2. The invitation to tender shall relate to wholly previous paragraph, until the end of the fourth month milled long grain rice for export to the countries of following that of issue. Zone IV as defined in the Annex to Regulation (EEC) No 941 /72 . Article 7 3 . The invitation shall remain open until 19 December 1975. During this period weekly awards 1 . If the obligation to export is not fulfilled, the shall be made, the time limits for the submission of security mentioned in Article 3 of Regulations (EEC) tenders to be as prescribed in the notice of invitation No 3197/73 and (EEC) No 584/75 shall be forfeit in to tender . respect of a quantity equal to the difference between :

Article 2 (a) 93 % of the net quantity indicated on the export licence, and A tender shall be valid only if it relates to an amount of not less than 20 metric tons . (b) the net quantity actually exported .

2. However, if the quantity exported is less than Article 3 7 % of the net quantity indicated on the licence, the security shall be forfeit in its entirety. 1 . The security referred to in Article 3 of Regula­ tion (EEC) No 3197/73 and of Regulation (EEC) No 3 . On request by the titular holder of the licence, 584/75 shall be 20 units of account per metric ton . Member States may release the security by instalments 2. By way of derogation from Article 7 ( 1 ) of Regu­ in proportion to the quantities of product for which lations ( EEC) No 3197/73 and (EEC) No 584/75, the proof of exportation as referred to in Article 7 ( 1 ) of security provided for in paragraph 1 shall, subject to Regulations (EEC) No 3197/73 and (EEC) No 584/75 force majeure, be released only in respect of any quan­ has been furnished, provided that such proof esta­ tity for which the tender was not accepted or for blishes that a quantity equal to at least 7 % of the net which the tenderer furnishes proof of arrival at its quantity indicated has been exported. destination , such proof to be furnished as provided in the second, third and fourth subparagraphs of Article Article 8 11 ( 1 ) of Regulation ( EEC) No 192/75 (').

The tenders submitted must reach the Commission Article 4 through the intermediary of Member States at the The zone of destination as specified in Article 1 (2) latest one-and-a-half hours after expiry of the period shall be indicated in section 13 of the licence applica­ for the weekly submission of tenders as specified in tion and of the licence itself . The issue of a licence the notice of invitation to tender. They must be communicated in the form indicated in the Annex shall carry with it the obligation to export to that desti­ nation . hereto .

If no tenders are received, Member States shall inform Article 5 the Commission of this within the time limit indi­ If a tenderer fails to comply with the undertaking cated in the preceding paragraph . given by him pursuant to Article 2 (3) (b) of the Regu­ lations referred to in Article 3, no export licence shall Article 9 be issued and the security lodged pursuant to Article 3 of those Regulations shall accordingly be forfeit. During the period in which Summer Time applies in Italy, the times fixed for the submission of tenders Article 6 shall be regarded in that Member State as extended by one hour. During the period during which Summer 1 . By way of derogation from the provisions of Time does not apply in the United Kingdom and in Article 9 ( 1 ) and (2) of Regulation ( EEC) No 193/75 (2) Ireland, the times fixed for the submission of tenders shall be regarded in those Member States as brought (') OJ No L 25, 31 . 1 . 1975 , p. 1 . (2 ) OJ No L 25, 31 . 1 . 1975, p. 10 . forward by one hour.

14 . 11 . 75 No L 295/23 Official Journal of the European Communities

Article 10 cates a rate of levy equal to or greater than such minimum export levy. 1 . By way of derogation from Article 5 of Regula­ tions (EEC) No 3197/73 and (EEC) No 584/75, the Article 11 Commission shall decide, under the procedure laid down in Article 26 of Regulation No 359/67/EEC : The rates used for converting into units of account — to fix a maximum export refund, taking account in tenders in national currencies and for converting into national currencies the maximum refund or particular of the criteria laid down in Articles 2 and 3 of Regulation No 366/67/EEC, or minimum levy as fixed in units of account shall be : — to fix a minimum export levy, taking account in — in the case of currencies held at any given particular of the criteria laid down in Article 3 ( 1 ) moment within a band of 2-25 % , the central rate, (b) and (d) of Regulation (EEC) No 2737/73, or — in all other cases the average spot exchange rate — to make no award . during a week ending on the Tuesday immediately preceding the final date for the submission of 2. Where a maximum export refund is fixed, a tenders . contract shall be awarded to any tenderer whose tender indicates a rate of refund equal to or less than Article 12 such maximum export refund and to any tenderer who has tendered for an export levy. - This Regulation shall enter into force on the day Where a minimum export levy is fixed, a contract following its publication in the Official Journal of shall be awarded to any tenderer whose tender indi­ the European Communities.

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

Done at Brussels, 12 November 1975 .

For the Commission

P.J. LARDINOIS

Member of the Commission

No L 295/24 Official Journal of the European Communities 14. 11 . 75

ANNEX

Weekly tender for the levy and/or refund for the export of wholly milled long grain rice to countries of Zone IV

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 I

5

etc.

II

i 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 .