12. 1. 91 Official Journal of the European Communities No L 9/15 COMMISSION REGULATION (EEC) No 75/91 of 11 January 1991 laying down the procedures and conditions for the disposal of paddy rice held by intervention agencies THE 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 oraganization of the market in rice (!), as last amended by Regulation (EEC) . No 1806/89 (3, and in particular Articles 5 (5) and 8 (4) thereof, Whereas rice may be bought in by the intervention agency either by obligatory intervention as indicated in Article 5 of Regulation (EEC) No 1418/76 or under special intervention measures as indicated in Article 6 of that Regulation ; Whereas, under Article 3 of Council Regulation (EEC) No 1424/76 of 21 June 1976 laying down general rules for intervention on the market in rice (%), as amended by Regulation (EEC) No 1908/87 (*), and Council Regulation (EEC) No 1425/76 of 21 June 1976 on special interven- tion measures for rice (%), rice held by intervention agen- cies is to be disposed of by invitation to tender; Whereas for sales on the Community market of quantities of less than 1 000 tonnes a decision using this procedure laid down in Article 27 of Regulation (EEC) No 1418/76 is not necessary ; whereas the other provisions continue to be applicable ; Whereas, under Article 3 of Regulation (EEC) No 1424/76 disposal on the internal market must be on the basis of price terms preventing deterioration of the market ; whereas that aim can be achieved if the selling price is equal to the local market price — account being taken of the quality put up for tender — without being below a given level in relation to the intervention price ; whereas, in certain cases, observing such a price level may not be in the interests of sound management of the market or the intervention system and may lead to disruptions in the operation of the common organization: of the market; whereas provision should therefore be made for disposing of intervention stocks on special price terms in such cases; () OJ No L 166, 25. 6. 1976, p. 1. () OJ No L 177, 24. 6. 1989, p. 1. () OJ No L 166, 25. 6. 1976, p. 24. () O] No L 182, 3. 7. 1987, p. 53. () OJ No L 166, 25. 6. 1976, p. 26. Whereas the disposal of rice for export must be on the basis of price terms to be determined in each case in the light of current market trends and requirements ; whereas such sales must not, however, lead to distortions to the detriment of exports form the open market; whereas a minimum selling price should therefore be fixed by the Commission on the basis of the tenders submitted ; Whereas the minimum selling price will be determined by the Commission using all relevant data available on the day on which the tenders are submitted ; whereas, in order to prevent speculation and ensure identical condi- tions for all concerned, all tenders must be accompanied by an application for advance fixing of the export refund ; Whereas tenders for different lots are comparable one with another only where they are for rice in identical situ- ations ; whereas rice put up for tender is stored in diffe- rent places ; whereas greater comparability can be ensured by reimbursing to the successful tenderer the lowest coasts of transport between the place where the rice in question is stored and the place of exit ; whereas, however, for budgetary reasons, such reimbursement can be made only in respect of the place of exit with facilities for exporting rice that can be reached at the lowest cost; Whereas, to allow for the position of successful tenderers exporting to certain non-member countries, provision should be made for cancellation of the contract with the intervention agency ; whereas such possibility is, however, justified only where the successful tenderer has applied for an export licence in accordance with Article 44 of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (%), as last amended by Regulation (EEC) No 1599/90 (); Whereas demand on the world market is for rice at a milling stage other than paddy and the possibility should therefore be introduced of putting paddy rice held by the intervention agencies on sale on the Community market for export at a subsequent milling stage; (9 OJ No L 331, 2. 12. 1988, p. 1. () OJ No L 151, 15. 6. 1990, p. 29.