31990R2132
26 . 7 . 90 Official Journal of the European Communities No L 195/9
COMMISSION REGULATION (EEC) No 2132/90 of 25 July 1990 authorizing the Italian intervention agency to put up for sale by tender 50 000 tonnes of paddy rice for export as milled rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES, Article 2
Having regard to the Treaty establishing the European Economic Community, 1 . The invitation to tender shall be open from 30 July to 30 September 1990. Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice ('), as last amended by Regulation (EEC) 2. The paddy rice awarded must be converted into No 1806/89 (2), and in particular Article 5 (3) thereof, milled rice for human consumption and exported to a destination in zones I to VI or VIII (excluding Guyana, Whereas Article 3 of Council Regulation (EEC) No Madagascar and Surinam) as indicated in Annex I to 1424/76 of 21 June 1976 laying down general rules for Commission Regulation (EEC) No 11 24/77 (6). intervention on the market in rice (3), as amended by Regulation (EEC) No 1908/87 (4), stipulates that rice held Tenders shall not be valid unless accompanied by : by intervention agencies is to be sold by tender ;
Whereas Commission Regulation (EEC) No 471 /76 0 — an application for an export licence for milled rice in lays down the procedures and conditions of sale for paddy bulk or packages holding more than five kilograms of rice held by intervention agencies ; CN code 1006 30 94 and/or 1006 30 96 together with an application for advance fixing of the refund, Whereas on 28 June 1990 Italy notified the Commission of its wish to sell for export from the Community in the — evidence that the tenderer has lodged security of ECU form of milled rice 50 000 tonnes of paddy rice held by 30 per tonne, its intervention agency ; whereas this request may be approved ; — a written undertaking to lodge, on payment for the rice at the latest, security covering the difference Whereas the quantity of milled rice to be exported between the intervention price applicable during the following treatment of the paddy rice sold should be month in which the contract is awarded and the specified ; minimum price set in Article 3 . Whereas to ensure that the operation is carried out smoothly and a disturbance of the market avoided it 3. A successful tenderer shall pay for the rice before should be stipulated that securities are to be released only removal and at the latest within one month of the date of after completion of customs export fomalities ; the notification of award sent to him by the intervention agency. Whereas Italy will take all further action compatible with the provision in force to ensure that the operation runs smoothly and will inform the Commission thereof ; The intervention agency shall notify successful tenderers within three days of the timelimit for submission of Whereas the measures provided for in this Regulation are tenders. in accordance with the opinion of the Management Committee for Cereals, If the rice is not removed during the month in which the contract is awarded the price to be paid shall be raised by a monthly increase for each month. HAS ADOPTED THIS REGULATION :
Risks and storage costs for rice not removed within the Article 1 time limit for payment shall be the responsibility of the successful ! tenderer. The Italian intervention agency is authorized to put up for sale by tender on the Community market 50 000 tonnes of paddy rice held by it 4. If the successful tenderer has not paid for rice within the specified time limit the contract shall be annulled by (l) OJ No L 166, 25. 6. 1976, p. 1 . the intervention agency in respect of the unpaid quanti O OJ No L 177, 24. 6. 1989, p. 1 . ties. 0 OJ No L 166, 25. 6. 1976, p. 24. (4) OJ No L 182, 3. 7. 1987, p. 53. 0 OJ No L 104, 24. 8 . 1967, p. 12. (s) OJ No L 134, 28 . 5. 1977, p. 53 .
No L 195/ 10 Official Journal of the European Communities 26. 7. 90
Article 3 — in respect of quantities for which the tender has not been accepted, The minimum selling price shall be ECU 235,86 per — in all other cases, in line with the requirements of tonne . Title V of Commission Regulation (EEC) No 2220/85 (2). Article 4 The primary requirement as defined in Article 20 of Regulation (EEC) No 2220/85 shall be payment of the 1 . By way of derogation from ARticle 21 (1) of selling price. Commission Regulation (EEC) No 3719/88 (') export 2. The security indicated at the third indent of the licenses issued shall, for determination of their period of second subparagraph of Article 2 (2) shall be released in validity, be deemed to have been issued on the date of submission of the tender. respect of the corresponding quantities of milled rice for which evidence of exportation is furnished. 2. Export licences issued in connection with the The primary requirement as defined in Article 20 of present tendering procedure shall carry the following Regulation (EEC) No 2220/85 shall be exportation of the entry in section 22 : milled rice within the set time limit under cover of the Tendering procedure opened by Regulation (EEC) No export licence indicated in Article 4. The evidence to be 2132/90 — Tender of . . furnished shall be that applicable for the security for the export licence issued following award of the contract.
Article5¶
The quantity of milled rice to be exported shall be deter The Italian intervention agency shall take all necessary mined by applying to the quantity of paddy rice awarded action to ensure compliance with the provisions of this a coefficient based on the milling yields recorded when Regulation and shall immediately inform the Commis the rice was taken into intervention and indicated for sion thereof. It shall also inform the Commission each each lot in the call for tenders published by the interven week through the Management Committee for Cereals of tion agency. the progress of the sale by tender.
Article 8 Article 6 This Regulation shall enter into force on the day of its 1 . The security indicated in the second indent of the publication in the Official Journal of the European second subparagraph of Article 2 (2) shall be released : Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 25 July 1990 .
For the Commission Ray MAC SHARRY Member of the Commission
(<) OJ No L 331 , 2. 12. 1988, p. 1 . (2) OJ No L 205, 3 . 8 . 1985, p. 5.