31990R0105

No L 13 / 6 Official Journal of the European Communities 17. 1 . 90

COMMISSION REGULATION (EEC) No 105/90 of 16 January 1990 opening an invitation tender for the refund on export of wholly milled medium grain and long grain A rice to certain third countries and amending Regulation (EEC) No 3126/89

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Having regard to the Treaty establishing the European Committee for Cereals, Economic Community,

Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the HAS ADOPTED THIS REGULATION : market in rice ('), as last amended by Regulation (EEC) No 1806/89 (2), and in particular Article 17 thereof, Article 1 Having regard to Council Regulation (EEC) No 1431 /76 of 21 June 1976 laying dwn general rules for granting 1 . An invitation to tender is hereby opened, for the export refunds on rice and criteria for fixing the amount export refund referred to in Article 4 of Regulation (EEC) of such refunds (3), and in particular Article 4 thereof, No 1431 /76, for Zones II (a) and III as specified in Annex I to Regulation (EEC) No 1124/77 and for the German Whereas examination of the balance sheet shows that Democratic Republic. exportable amounts of rice are currently held by produ­ cers ; whereas this situation could affect the normal deve­ 2. The invitation to tender shall be open until 21 June lopment of producer prices during the 1989/90 marketing 1990. During that period weekly invitations to tender year ; shall be issued and the date for submission of tenders shall be determined in the notice of invitation to tender. Whereas, in order to remedy this situation , it is appro­ priate to make use of export refunds to zones which may 3. The invitation to tender shall take place in accor­ be supplied by the Community ; whereas the special situ­ dance with the provisions of Regulation (EEC) No 584/75 ation of the rice market makes it necessary to limit the and with the following provisions. refunds, and therefore to apply Article 4 of Regulation (EEC) No 1431 /76 enabling the refund amount to be fixed by tendering procedure ;

Whereas Commission Regulation (EEC) No 3126/89 of Article 2 18 Octobr 1989 on a invitation to tender for the refund on export of wholly milled medium grain and long grain A tender shall be valid only if it covers a quantity for A rice to certain third countries (4) specified the export export of at least 50 tonnes but not more than 5 000 markets as Zones I to VI and VIII, excluding Guyana, tonnes . Madagascar and Surinam, as listed in Annex I to Commis­ sion Regulation (EEC) No 1 124/77 (*), as last amended by Regulation (EEC) No 3049/89 (6) ; whereas it appears that Article 3 the use of a specific tendering procedure would allow more rice to be sold for export to certain Eastern Euro­ The security referred to in Article 3 of Regulation (EEC) pean countries ; whereas the destination zomes specified No 584/75 shall be ECU 20 per tonne. in Regulation (EEC) No 3126/89 should therefore be altered ; Article 4 Whereas it should be stated that the provisions of Commission Regulation (EEC) No 584/75 of 6 March 1 . Notwithstanding the provisions of Article 21 ( 1) of 1975 laying down detailed rules for the application of the Commission Regulation (EEC) No 3719/88 f), export system of tendering for export refunds on rice Q, as last licences issued within this invitation to tender shall, for amended by Regulation (EEC) No 379/89 (8), apply to this invitation to tender : the purposes of determining their , period of validity, be considered as having been issued on the day the tender was submitted. (') OJ No L 166, 25. 6. 1976, p. 1 . (2) OJ No L 177, 24. 6. 1989, p. 1 . 2. The licences shall be valid from their date of issue, (<) OJ No L 166, 25. 6. 1976, p. 36. (4) OJ No L 301 , 19. 10 . 1989, p. 14. within the meaning of paragraph 1 , until the end of the 0 OJ No L 134, 28 . 5. 1977, p. 53 . third month following. (6) OJ No L 292, 11 . 10 . 1989 , p. 10 . 0 OJ No L 61 , 7. 3 . 1975, p. 25. 8 OJ No L 44, 16 . 2. 1989, p. 22. O OJ No L 331 , 2. 12. 1988 , p. 1 .

17 . 1 . 90 Official Journal of the European Communities No L 13/7

Article5¶

Tenders submitted must reach the Commission through The time limit for submission of tenders for the first the Member States not later than one and a half hours partial invitation to tender shall be 10 a.m. (Belgian time) after the time limit for weekly submission of tenders as on 1 February 1990 . laid down in the notice of invitation to tender, they must be transmitted in accordance with the table given in the Annex . The final date for submission of tenders is hereby fixed at 21 June 1990. If no tenders are submitted, the Member States shall inform the Commission accordingly within the same time limit as that given in the above subparagraph. Article 9

Article 6 Article 1 (1 ) of Regulation (EEC) No 3126/89 is replaced The time set for submitting tenders shall be Belgian time. by the following :

' 1 . An invitation to tender is hereby opened for the Article 7 export refund referred to in Article 4 of Regulation 1 . On the basis of tenders submitted, the Commission (EEC) No 1431 /76, for Zones I, II (b), IV, V, VI and shall decide in accordance with the procedure laid down VIII (except Guyana, Madagascar and Surinam, as in Article 27 of Regulation (EEC) No 1418/76 : specified in Annex I to Regulation (EEC) No 1124/77.' either to fix a maximum export refund, taking account of the criteria laid down in Articles 2 and 3 of Regula­ tion (EEC) No 1431 /76, Article 10 — <?r not to take any action on the tenders.

2. Where a maximum export refund is fixed, an award This , jRegulation shall enter into force on the day follo­ shall be made to the tenderer or tenderers whose tenders wing f its publication in the Official Journal of the Euro­ are at or below the maximum export refund level. pean Communities.

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

Done at Brussels, 16 January 1990 .

For the Commission Ray MAC SHARRY Member of the Commission

No L 13/8 Official Journal of the European Communities 17. 1 . 90

ANNEX

Weekly invitation to tender for the refund on export of wholly milled medium grain and long grain A rice to certain third countries

(Closing date for the submission of tenders (date/time))

1 2 3

Serial number Quantities Amount of export refund of tenders in tonnes in ecu per tonne

1

2

3

4

5

etc.