31976R2416

6 . 10 . 76 No L 273 / 5 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2416/ 76 of 5 October 1976 on an invitation to tender for the refund for the export of wholly milled long grain rice to certain third countries

THE COMMISSION OF THE EUROPEAN export refunds ; whereas to this end it is appropriate COMMUNITIES, to prescribe a minimum quantity to be tendered for and a time limit and form for the submission of tenders to the competent authorities ; Having regard to the Treaty establishing the European Economic Community, Whereas the second subparagraph of Article 1 ( 1 ) of Having regard to Council (EEC) No 1418 /76 of 21 Commission Regulation (EEC) No 584/75 provides June 1976 on the common organization of the market that invitations to tender for the export refund shall in rice ('), be open on equal terms to all persons established within the Community ; whereas, by reason of the differing monetary circumstances in the various Having regard to Council Regulation (EEC) No Member States , satisfaction of this condition cannot 1431 /76 of 21 June 1976 laying down general rules be ensured by the application of the exchange rates for granting export refunds on rice and criteria for applicable for the purposes of the common agricul­ fixing the amount of such refunds (2), tural policy, since monetary compensatory amounts do not apply in the rice sector ; whereas it is therefore advisable to make provision for each tender to be Whereas, having regard to the current situation on the dealt with according to the situation of the currency rice market, there should be opened in respect of in which it is submitted ; wholly milled long grain rice an invitation to tender for the export refund provided for in Article 4 of Regu­ lation ( EEC) No 1431 /76 ; Whereas the measures , provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas certain countries close to the rice-growing ment Committee for Cereals , regions of the Community, namely Austria , Liechten­ stein and Switzerland, are expected to supply them­ selves with Community rice within the framework of general refunds specifically fixed for those countries ; whereas they should therefore be excluded from the present tender ; HAS ADOPTED THIS REGULATION : Whereas the detailed rules governing invitations to tender are as regards the export refund contained in Commission Regulation (EEC) No 584/75 of 6 March 1975 laying down detailed rules for the application of Article 1 the system of tendering for export refunds on rice (3 ) ;

Whereas the objective of the tendering procedure can 1 . Tenders shall be invited for the export refund be attained only if every successful tenderer fulfils all provided for in Article 4 of Regulation ( EEC) No the commitments entered into by him when submit­ 1431 / 76 . ting his tender ; whereas these commitments include an obligation to lodge an application for an export licence ; whereas compliance with this obligation may 2 . The invitation to tender shall relate to wholly be ensured by requiring the tenderer to give security milled long grain rice for export to all third countries when submitting his tender ; except Austria , Liechtenstein and Switzerland .

Whereas provision must be made to ensure the 3 . The invitation shall remain open until 23 smooth operation of the procedure for tendering for December 1976 . During this period weekly awards shall be made , the time limits for the submission of (•) OJ No L 166, 25 . 6 . 1976, p. 1 . (2 ) OJ No L 166, 25 . 6 . 1976, p. 36 . tenders to be prescribed in the notice of invitation to (3 ) OJ No L 61 , 7 . 3 . 1975, p. 25 . tender .

No L 273 / 6 6 . 10 . 76 Official Journal of the European Communities

Article2¶

A tender shall be valid only if it relates to an amount 1 . If the obligation to export is not fulfilled, the of not less than 20 metric tons . security mentioned in Article 3 of Regulation (EEC) No 584/75 shall be forfeit in respect of a quantity Article 3 equal to the difference between : 1 . The security referred to in Article 3 of Regula­ (a) 93 % of the net quantity indicated on the export tion (EEC) No 584/75 shall be 10 units of account per licence, and metric ton . (b) the net quantity actually exported. 2. By way of derogation from Article 7 ( 1 ) of Regu­ 2. However, if the quantity exported is less than lation (EEC) No 584/75, the security provided for in 7 % of the net quantity indicated on the licence, the paragraph 1 shall , subject to force majeure, be released security shall be forfeit in its entirety. only in respect of any quantity for which the tender was not accepted or for which the tenderer furnishes 3. On request by the titular holder of the licence, proof of arrival at its destination, such proof to be Member States may release the security by instalments furnished as provided in the second, third and fifth in proportion to the quantities of product for which subparagraphs of Article 11 ( 1 ) of Regulation (EEC) proof of exportation as referred to in Article 7 ( 1 ) of No 1 92/75 ('). Regulation (EEC) No 584/75 has been furnished, provided that such proof establishes that a quantity Article 4 equal to at least 7 % of the net quantity indicated on Section 1 2 of the licence application and of the the licence has been exported . licence itself shall bear one of the following endorse­ ments, preceded by an asterisk corresponding to the Article 8 asterisk entered in section 13 : 'valid for countries other than Austria, Liechtenstein The tenders submitted must reach the Commission and Switzerland' ; through the intermediary of Member States at the gaeldende for alle lande undtagen 0strig, Liechten­ latest one and a half hours after expiry of the period stein og Schweitz' ; for weekly submission of tenders as specified in the notice of invitation to tender. They must be communi­ 'gültig für alle Länder außer Österreich, Liechtenstein cated in the form indicated in the Annex hereto . und der Schweiz' ; 'valable pour les pays autres que 1 Autriche, le Liech­ If no tenders are received, Member States shall inform tenstein et la Suisse' ; the Commission of this within the time limit indi­ 'valida per i paesi terzi tranne 1 Austria, il Liechten­ cated in the preceding paragraph . stein e la Svizzera' ; geldig voor alle landen behalve Oostenrijk, Liechten­ steinen en Zwitserland'. Article 9

The issue of a licence shall carry with it the obligation The times fixed for the submission of tenders shall to export to countries concerned . be :

— one hour earlier in Ireland and the United Article 5 Kingdom outside the period of summer time in If a tenderer fails to comply with the undertaking those Member States, given by him pursuant to Article 2 (3) (b) of Regula­ — one hour later in the case of other Member States tion (EEC) No 584/75, no export licence shall be when they adopt a period of summer time . issued and the security lodged pursuant to Article 3 of that Regulation shall accordingly be forfeit. Article 10 Article 6 1 . By way of derogation from Article 5 of Regula­ By way of derogation from the provisions of Article 9 tion ( EEC) No 584/75, the Commission shall decide, ( 1 ) and (2) of Regulation (EEC) No 193/75 (2), export under the procedure laid down in Article 27 of Regula­ licences issued under Article 8 ( 1 ) of Regulation ( EEC) tion ( EEC) No 1418 /76 : No 584/75 shall for the purpose of determining their period of validity be deemed to have been issued on — to fix a maximum export refund, taking account in the day on which the tender was submitted . particular of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 1431 /76 ; or (>) OJ No L 25, 31 . 1 . 1975, p. 1 . (2 ) OJ No L 25, 31 . 1 . 1975, p. 10 . — to make no award .

6 . 10 . 76 No L 273 / 7 Official Journal of the European Communities

2. Where a maximum export refund is fixed a — in the case of currencies held at any given contract shall be awarded to any tenderer whose moment within a band of 2-25 % , the central rate, tender indicates a rate of refund equal to or less than — in all other cases the average spot exchange rate such maximum export refund. during a week ending on the Tuesday immediately preceding the final date for the submission of Article 11 tenders . Article 12 The rates used for converting into units of account those offers made in national currencies and for This Regulation shall enter into force on the day converting into national currencies the maximum following its publication in the Official Journal of refund as fixed in units of account shall be : the European Communities.

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

Done at Brussels, 5 October 1976 .

For the Commission

P.J. LARDINOIS Member of the Commission

ANNEX

Weekly tender for the 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 2 Number of Quantity Amount of export levy in national currency tender in metric tons per metric ton

1 2 3 4 5 etc.