31991R0003

3 . 1 . 91 Official Journal of the European Communities No L 1 / 5

COMMISSION REGULATION (EEC) No 3/91 of 28 December 1990 on an invitation to tender for the refund on export of wholly milled round grain rice to certain third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the European Article 1 Economic Community, 1 . An invitation to tender is hereby opened, for the Having regard to Council Regulation (EEC) No 1418/76 export refund referred to in Article 4 of Regulation (EEC) of 21 June 1976 on the common organization of the No 1431 /76, for Zones I to VI and Zone VIII excluding market in rice ('), as last amended by Regulation (EEC) Guyana, Madagascar and Surinam, of Annex I to Regula­ No 1806/89 (2), and in particular Article 17 thereof, tion (EEC) No 1124/77.

2. The invitation to tender shall be open until 20 June Having regard to Council Regulation (EEC) No 1431 /76 1991 . During that period weekly invitations to tender of 21 June 1976 laying down general rules for granting shall be issued and the date for submission of tenders export refunds on rice and criteria for fixing the amount shall be determined in the notice of invitation to tender. of such refunds (3), and in particular Article 4 thereof, 3. The invitation to tender shall take place in accord­ Whereas examination of the balance sheet shows that ance with the provisions of Regulation (EEC) No 584/75 exportable amounts of rice are currently held by produ­ and with the following provisions. cers ; whereas this situation could affect the normal development of producer prices during the 1990/91 Article 2 marketing year ; A tender shall be valid only if it covers a quantity for Whereas, in order to remedy this situation, it is appro­ export of at least 500 tonnes but not more than 5 000 tonnes . priate to make use of export refunds to zones which may be supplied by the Community ; whereas the special situ­ ation of the rice market makes it necessary to limit the Article 3 quantities of rice benefiting from the refunds, and there­ fore to apply Article 4 of Regulation (EEC) No 1431 /76 The security referred to in Article 3 of Regulation (EEC) enabling the amount of refund to be fixed by tendering No 584/75 shall be ECU 20 per tonne. procedure ; 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 (8), export system of tendering for export refunds on rice (4), as last licences issued within this invitation to tender shall, for amended by Regulation (EEC) No 409/90 (*), apply to this the purposes of determining their period of validity, be invitation to tender ; considered as having been issued on the day the tender was submitted .

2. The licences shall be valid from their date of issue, Whereas, in order to avoid disturbances on the markets of within the meaning of paragraph 1 , until the end of the the producing countries, the markets of destination third month following. should be limited to Zones I to VI and Zone VIII, excluding Guyana, Madagascar and Surinam, noted in Article 5 Annex I to Regulation (EEC) No 1 1 24/77 (6), as last amended by Regulation (EEC) No 3049/ 89 Q ; Tenders submitted must reach the Commission through the Member States not later than one and a half hours Whereas the measures provided for in this Regulation are after expiry of the time limit for weekly submission of in accordance with the opinion of the Management tenders as laid down in the notice of invitation to tender. Committee for Cereals, They must be transmitted in accordance with the table given in the Annex. (') OJ No L 166, 25. 6. 15*76, p. 1 . If no tenders are submitted, the Member States shall (2) OJ No L 177, 24. 6. 1989, p. 1 . (3) OJ No L 166, 25. 6. 1976, p. 36. inform the Commission accordingly within the same time (4) OJ No L 61 , 7. 3 . 1975, p. 25. limit as that given in the above subparagraph. O OJ No L 43, 17. 2. 1990, p. 21 . (6) OJ No L 134, 28 . 5. 1977, p. 53 . o OJ No L 292, 11 . 10. 1989, p. 10. (8) OJ No L 331 , 2. 12. 1988, p. 1 .

No L 1 /6 Official Journal of the European Communities 3 . 1 . 91

Article 6 2. Where a maximum export refund is fixed, an award shall be made to the tenderer or tenderers whose tenders are at or below the maximum export refund level. The time set for submitting tenders shall be Belgian time.

Article 8 The time limit for submission of tenders for the first Article 7 partial invitation to tender shall expire on 17 January 1991 at 10 a.m. (Belgian time). 1 . On the basis of tenders submitted, the Commission The final date for submission of tenders is hereby fixed at shall decide in accordance with the procedure laid down 20 June 1991 . in Article 27 of Regulation (EEC) No 1418/76 :

Article 9 — either to fix a maximum export refund, taking account of the criteria laid down in Articles 2 and 3 of Regula­ This Regulation shall enter into force on the day tion (EEC) No 1431 /76, following its publication in the Official Journal of the — or not to take any action on the tenders. European Communities.

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

Done at Brussels, 28 December 1990 .

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

Weekly invitation to tender for the refund on export of wholly milled round grain 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 l

3

4

5

etc.