Commission Regulation (EEC) No 2692/89 of 6 September 1989 laying down detailed rules for exports of rice to Réunion
Modified by
Commission Regulation (EC) No 1453/1999of 1 July 1999amending Regulation (EEC) No 2692/89 laying down detailed rules for exports of rice to Réunion as regards the validity of the subsidy document, 399R1453, July 2, 1999
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999 should be understood as references to the euro - Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) and Council Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1)., 397R1103, June 19, 1997
Commission Regulation (EEC) No 2692/89of 6 September 1989laying down detailed rules for exports of rice to RéunionTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community,Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in riceOJ No L 166, 25. 6. 1976, p. 1., as last amended by Regulation (EEC) No 1806/89OJ No L 177, 24. 6. 1989, p. 1., and in particular Articles 11a (6) and 27 thereof,Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policyOJ No L 164, 24. 6. 1985, p. 1., as last amended by Regulation (EEC) No 1636/87OJ No L 153, 13. 6. 1987, p. 1., and in particular Article 2 (4) thereof,Whereas the subsidies must be fixed so as to cover the difference between the quotations and prices for the products in question in the Community and on the world market; whereas to this end it is necessary to take into account the supply situation on the island of Réunion and the price situation for rice and broken rice on the world market and in the Community;Whereas, in view of the considerable fluctuations over periods of time in quotations for rice and broken rice on the world market and the disparity between the prices at which these products are offered by various countries on that market, the subsidy should be fixed, in order to cover the difference between world prices and prices in the Community, account being taken of forwarding costs, on the basis of the difference between representative prices in the Community and the most favourable quotations on the world market;Whereas the special arrangements laid down in Article 11a of Regulation (EEC) No 1418/76 for imports of rice to the French overseas department of Réunion include, to ensure equal treatment, a subsidy for rice coming from the Member States; whereas, in order to give Community exporters stability in the amount of this subsidy, provision should be made to fix it in advance;Whereas the amount of the subsidy fixed in advance must be subject to adjustment in line with the threshold price; whereas such adjustment of a subsidy fixed in advance for paddy or semi-milled rice can be effected only by applying the rates used for converting values pertaining to a quantity of husked or milled rice into a value pertaining to the same quantity of rice at another stage of processing; whereas the rates used should be those laid down in Article 1 of Regulation (EEC) No 467/67/EEC of the Commission of 21 August 1967 fixing the conversion rates, the processing costs and the value of the by-products for the various stages of rice processingOJ No 204, 24. 8. 1967, p. 1., as last amended by Regulation (EEC) No 2325/88OJ No L 202, 27. 7. 1988, p. 41.;Whereas, in order to prevent distortion of competition between operators in different Member States on the conversion into national currency of the amount of the subsidy fixed in ecus, the rates used should be those laid down by Commission Regulation (EEC) No 3294/86 of 29 October 1986 fixing the conversion rates to be applied in respect of levies and refunds in the rice sectorOJ No L 304, 30. 10. 1986, p. 25., as last amended by Regulation (EEC) No 2654/89OJ No L 255, 1. 9. 1989, p. 62., and the operative event for application of the rate should be specified, account being taken of the exceptional arrangement applicable to the island of Réunion;Whereas Article 11a (4) of Regulation (EEC) No 1418/76 provides that a subsidy may, if appropriate, be set by tendering procedure;Whereas detailed rules for such a tendering procedure should be laid down;Whereas, in order to ensure equal treatment for all interested parties in the Community, invitations to tender must be organized in accordance with uniform principles; whereas to this end publication in the Official Journal of the European Communitiesof a decision concerning the opening of an invitation to tender should be accompanied by a notice of invitation to tender;Whereas the purpose of fixing a subsidy by means of an invitation to tender is to permit better management of deliveries; whereas to this end it is essential that tenders include the information necessary for their assessment and are accompanied by certain formal undertakings;Whereas a maximum subsidy should be fixed; whereas this method enables contracts to be awarded in respect of all the quantities concerned;Whereas there may be market situations in which it is clear from an examination of the economic aspects of the proposed exports that instead of fixing a subsidy the Commission should make no award;Whereas, in order to ensure that the subsidy document issued when a contract is awarded is used when delivery is made, a tendering security must be required; whereas this obligation cannot be met unless the offer submitted is maintained; whereas if it is withdrawn the security is therefore lost;Whereas procedures should be laid down as to the communication to tenderers of the outcome of the invitation to tender and also as to the issue of the licence necessary for the export of the quantities awarded;Whereas products covered by Article 11a (4) of Regulation (EEC) No 1418/76 have a specific destination; whereas they should therefore be accompanied as far as the competent customs office on Réunion by the control copy T5 provided for in Commission Regulation (EEC) No 2823/87 of 18 September 1987 on the documents to be used for the purpose of implementing Community measures entailing verification of the use and/or destination of goodsOJ No L 270, 23. 9. 1987, p. 1.;Whereas it is clear from Article 11a (1) of Regulation (EEC) No 1418/76 that rice may be imported under the provisions of that Article only if intended for consumption on the island of Réunion; whereas the subsidy must not be granted for rice not so used; whereas the competent national authorities should moreover be authorized to take all necessary supervisory measures to ensure that rice imported from non-member countries or delivered from Member States under the said provisions is not re-exported;Whereas Commission Regulation (EEC) No 4142/87 of 9 December 1987 determining the conditions under which certain goods are eligible on import for a favourable tariff arrangement by reason of their end-useOJ No L 387, 31. 12. 1987, p. 81.contains certain provisions which are not suitable for the special case of the products referred to in Article 11a of Regulation (EEC) No 1418/76; whereas provisions adapted to the special situation of these products should therefore be included in this Regulation;Whereas in view of this Regulation Commission Regulation (EEC) No 1031/78 of 19 May 1978 laying down detailed rules for imports of rice to RéunionOJ No L 132, 20. 5. 1978, p. 72., as last amended by Regulation (EEC) No 1315/89OJ No L 131, 13. 5. 1989, p. 48. should be repealed;Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,HAS ADOPTED THIS REGULATION: