31976R0358
20 . 2 . 76 Official Journal of the European Communities No L 44/ 13
COMMISSION REGULATION ( EEC) No 358 / 76
of 19 February 1976
on an invitation to tender for the levy and/or the refund for the export of wholly milled long grain rice to certain third countries
THE COMMISSION OF THE EUROPEAN Commission Regulation (EEC) No 584/75 of 6 March COMMUNITIES, 1975 laying down detailed rules for the application of the system of tendering for export refunds on rice (9) ; Having regard to the Treaty establishing the European Economic Community,
Whereas the objective of the tendering procedure can Having regard to Council Regulation No 359/ 67/ EEC be attained only if every successful tenderer fulfils all of 25 July 1967 on the common organization of the the commitments entered into by him when submit market in rice ('), as last amended by Regulation ting his tender ; whereas these commitments include (EEC) No 668 /75 (2), an obligation to lodge an application for an export licence ; whereas compliance with this obligation may Having regard to Council Regulation (EEC) No be ensured by requiring the tenderer to give security 2737/73 of 8 October 1973 laying down general rules when submitting his tender ; to be applied in the event of the rice market being disturbed (3), 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 concerned, it is necessary to make provision such that Having regard to Council Regulation No 366/67/EEC the effective period of validity of licences issued to of 25 July 1967 laying down general rules for granting successful tenderers in connection with the invitation export refunds on rice and criteria for fixing the to tender is identical ; amount of such refunds (5), as last amended by Regula tion ( EEC) No 478 /75 (6), and in particular Article 3a thereof, Whereas provision must be made to ensure the Whereas, having regard to the current situation on the smooth operation of the procedure for tendering for rice market, there should be opened in respect of export levies and refunds ; whereas to this end it is wholly milled long grain rice an invitation to tender appropriate to prescribe a minimum quantity to be for the export levy provided for in the first indent of tendered for and a time limit and form for the Article 2 ( 1 ) of Regulation (EEC) No 2737/73 and for communication of tenders submitted to the compe the export refund provided for in Article 3a of Regula tent authorities ; tion No 366/ 67/ EEC ;
Whereas those countries close to the rice growing Whereas the second subparagraph of Article 1 ( 1 ) of regions of the Community such as Austria, Liechten respectively Commission Regulations (EEC) No stein and Switzerland are able to supply themselves 3197/73 and (EEC) No 584/75 provides that invita with Community rice within the framework of general tions to tender for the export levy and/or refund shall refund specifically fixed for these countries ; whereas be open on equal terms to all persons established these countries should therefore be excluded from the within the Community ; whereas by reason of the present tender ; differing monetary circumstances in the various Member States, the satisfaction of this condition Whereas the detailed rules governing invitations to cannot be ensured by the application of the exchange tender are as regards the export levy contained in rates applicable for the purposes of the common agri Commission Regulation (EEC) No 3197/73 of 23 cultural policy, since monetary compensatory amounts November 1973 establishing the conditions for the do not apply in the rice sector ; whereas it is therefore application of the system of tendering for export advisable to take provision for the effects of the mone levies on rice (7), as last amended by Regulation (EEC) tary situation to be taken into account in respect of No 583/75 (8), and as regards the export refund in each tender ;
(■) OJ No 174, 31 . 7. 1967, p. 1 . (2) OJ No L 72, 20 . 3 . 1975, p. 18 . (} ) OJ No L 282, 9 . 10 . 1973 , p. 13 . Whereas the measures provided for in this Regulation (4 ) OJ No L 52, 28 . 2. 1975, p. 33 . are in accordance with the opinion of the Manage (5 ) OJ No 174, 31 . 7. 1967, p . 34 . ment Committee for Cereals, (<>) OJ No L 52, 28 . 2 . 1975, p. 34. (7) OJ No L 326, 27 . 11 . 1973, p . 10. (8) OJ No L 61 , 7 . 3 . 1975 , p. 24. O OJ No L 61 , 7 . 3 . 1975 , p. 25 .
No L 44/ 14 20 . 2. 76 Official Journal of the European Communities
HAS ADOPTED THIS REGULATION : lations referred to in Article 3, no export licence shall be issued and the security lodged pursuant to Article 3 Article 1 of those Regulations shall accordingly be forfeit. 1 . Tenders shall be invited for the export levy provided for in the first indent of Article 2 ( 1 ) of Article 6 Council Regulation (EEC) No 2737/73 and/or the export refund provided for in Article 3a of Regulation By way of derogation from the provisions of Article 9 No 366/ 67/ EEC . ( 1 ) and (2) of Regulation (EEC) No 193/75 (2), export licences issued under Article 8 ( 1 ) of Regulation (EEC) 2. The invitation to tender shall relate to wholly No 3197/73 or under the like provision of Regulation milled long grain rice for exports to all third countries (EEC) No 584/75 shall for the purpose of determining except Austria, Liechtenstein and Switzerland . their period of validity be deemed to have been issued 3. The invitation shall remain open until 25 June on the day on which the tender was submitted. 1976. During this period weekly awards shall be made, the time limits for the submission of tenders to Article 7 be as prescribed in the notice of invitation to tender.
1 . If the obligation to export is not fulfilled, the Article 2 security mentioned in Article 3 of Regulations (EEC) A tender shall be valid only if it relates to an amount No 3197/73 and (EEC) No 584/75 shall be forfeit in of not less than 20 metric tons . respect of a quantity equal to the difference between :
Article 3 (a) 93 % of the net quantity indicated on the export licence, and 1 . The security referred to in Article 3 of Regula (b) the net quantity actually exported . tion (EEC) No 3197/73 and of Regulation (EEC) No 584/75 shall be 10 units of account per metric ton . 2. However, if the quantity exported is less than 2. By way of derogation from Article 7 ( 1 ) of Regu 7 % of the net quantity indicated on the licence, the lation (EEC) No 3197/73 and (EEC) No 584/ 75 , the security shall be forfeit in its entirety. security provided for in paragraph 1 shall, subject to 3. On request by the titular holder of the licence, force majeure be released only in respect of any quan Member States may release the security by instalments tity for which the tender was not accepted or for in proportion to the quantities of product for which which the tenderer furnishes proof of arrival at its proof of exportation as referred to» in Article 7 ( 1 ) of destination , such proof to be furnished as provided in Regulations ( EEC) No 3197/73 and (EEC) No 584/75 the second, third and fifth subparagraphs of Article 1 1 has been furnished, provided that such proof estab ( 1 ) of Regulation (EEC) No 1 92/75 (»)• lishes that a quantity equal to at least 7 % of the net Article 4 quantity indicated on the licence has been exported.
Section 1 2 of the licence application and of the Article 8 licence itself shall bear one of the following endorse ments, preceded by an asterisk corresponding to the The tenders submitted must reach the Commission asterisk entered in section 1 3 : through the intermediary of Member States at the 'valid for countries other than Austria, Liechtenstein latest one and a half hours after expiry of the period and Switzerland' ; for weekly submission of tenders as specified in the 'gaeldende for alle lande undtagen 0strig, Liechten notice of invitation to tender. They must be communi stein og Schweiz' ; cated in the form indicated in the Annex hereto . 'gültig für alle Länder außer Österreich, Liechtenstein und der Schweiz' ; If no tenders are received, Member States shall inform the Commission of this within the time limit indi 'valable pour les pays autres que 1 Autriche, le Liech tenstein et la Suisse' ; cated in the preceding paragraph .
'valida per i paesi terzi tranne 1 Austria, il Liechten stein e la Svizzera' ; Article 9
geldig voor de landen andere dan Oostenrijk, Liech During the period in which summer time applies in tenstein en Zwitserland'. Italy, the times fixed for the submission of tenders The issue of a licence shall carry with it the obligation shall be regarded in that Member State as extended by to export to that destination . one hour. During the period during which summer
time does not apply in the United Kingdom and in Article 5 Ireland, the times fixed for the submission of tenders If a tenderer fails to comply with the undertaking shall be regarded in those Member States as brought given by him pursuant to Article 2 (3) (b) of the Regu forward by one hour.
(') OJ No L 25, 31 . 1 . 1975, p. 1 . (2) OJ No L 25, 31 . 1 . 1975, p. 10 .
20 . 2 . 76 Official Journal of the European Communities No L 44/ 15
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 those offers made in national currencies and for — to fix a maximum export refund, taking account in converting into national currencies the maximum particular of the criteria laid down in Articles 2 refund or minimum levy as fixed in units of account and 3 of Regulation No 366/67/ EEC, or 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 — to make no award . — in all other cases the average spot exchange rate during a week ending on the Tuesday immediately 2. Where a maximum export refund is fixed a preceding the final date for the submission of contract shall be awarded to any tenderer whose tenders . tender indicates a rate of refund equal to or less than such maximum export refund and to any tenderer Article 12 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, 19 February 1976.
For the Commission
P.J. LARDINOIS
Member of the Commission
No L 44/ 16 Official Journal of the European Communities 20 . 2 . 76
ANNEX
Weekly tender for the levy/refund for the export of wholly milled long grain rice to certain third countries
Expiry of the period for the submission of tenders (date/time)
I
l 2 3
Number of Quantity Amount o{ 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 .