31969R1987

424 Official Journal of the European Communities

9.10.69 Official Journal of the European Communities No L 253 / 7

REGULATION (EEC) No 1987/69 OF THE COMMISSION of 8 October 1969

laying down detailed rules concerning the sale by tender of sugar by intervention agencies

THE COMMISSION OF THE EUROPEAN COM­ of the fact that the object of the invitation is to MUNITIES, determine either the selling price to be paid for the sugar by the successful tenderer, the amount of the Having regard to the Treaty establishing the denaturing premium or the amount of the export European Economic Community ; refund ;

Having regard to Council Regulation No Whereas, however, to facilitate participation by a 1009/67/EEC1 of 18 December 1967 on the common greater number of interested parties in the invitation organisation of the market in sugar, as last amended to tender, special rules should be laid down and by Regulation (EEC ) No 1398/69,2 and in particular provision made in particular for the possibility, with Articles 9 ( 8 ), 10 (3 ), 11 (2 ), 17 (4) and 38 thereof; ' regard to the quantity of sugar offered for sale, of fixing a maximum quantity per tenderer ; whereas, Whereas Council Regulation (EEC) No 447/683 of 9 moreover, in view of the frequent fluctuations in April 1968 laying down general rules for intervention sugar prices and quotations, the tenderer should not buying of sugar, as amended by Regulation (EEC) be obliged to abide by his tender if the award is made No 1395 /69,4 provides that sugar shall be sold by after the date and time specified by him ; intervention agencies either by tender or by another sales procedure but by tender only when sugar is Whereas, by reason in particular of storage costs and intended for animal feed or for export; whereas the rules in this respect provided for in Article 8 of detailed rules for sale by tender should therefore be Regulation No 1009/67/EEC, it is essential to specify laid down ; when ownership of the sugar is transferred;

Whereas, to ensure equal treatment to all interested Whereas, for the purpose of determining the grade of parties in the Community, invitations to tender issued the white sugar and the yield of the raw sugar sold, by the competent authorities of the Member States criteria must be adopted which are identical with must conform to uniform rules ; whereas in this those provided for in Commission Regulation (EEC) connection provision must be made to ensure that the No 782/687 of 26 June 1968 laying down detailed sugar is actually put to the intended use; rules for the buying-in of sugar by intervention agencies, as last amended by Regulation (EEC) No Whereas provisions for the tendering procedure may, 1765 /698 ; whereas equal treatment for all interested for the most part, be modelled on those provisions parties may be ensured only by the introduction of which have been adopted for fixing export refunds uniform and precisely defined provisions on adjusting by tender and in particular those contained in either the selling price, the denaturing premium or Commission Regulation (EEC) No 839/685 of 28 the export refund and correcting the export licence June 1968 on detailed rules for the application of where the sugar is found to be of a quality other than export refunds on sugar, as last amended by that indicated in the invitation to tender; Regulation (EEC) No 1163/69,® account being taken

Whereas, to make it possible for denaturing to be 1 OJ No 308 , 18.12.1967, p. 1 . effected on the territory of any Member State, it 2 OJ No L 179, 21.12.1969, p. 13 . should be specified that when sugar is denatured in a 3 OJ No L 91 , 12.7.1968 , p. 5 . 4 OJ No L 179, 21.7.1969, p . 4. 5 OJ No L 151 , 30.6.1968 , p . 47. 7 OJ No L 145 , 27.6.1968 , p. 6. 6 OJ No L 151 , 25.6.1969, p. 9 . 8 OJ No L 226, 6.9.1969 , p . 19.

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Member State other then the Member State which ( a ) the total quantity put up for tender; issued the invitation to tender the latter must supply ( b ) the intended use; the Member State in which denaturing was effected with the information it needs concerning the ( c) the time limit for the submission of tenders ; successful tenderer; (d) the price to be paid by the successful tenderer if the sugar is intended for animal feed or for Whereas the measures provided for in this Regulation export. are in accordance with the Opinion of the Manage­ ment Committee for Sugar ; 2. Additional terms may be determined, including :

HAS ADOPTED THIS REGULATION : (a) the minimum price for sugar offered for sale for purposes other than animal feed or export; Article 1 (b) the maximum amount of the denaturing premium or the export refund ; 1 . This Regulation lays down detailed rules for the sale by tender of sugar bought in by intervention ( c) the minimum quantity per tenderer or per lot; agencies . (d) the maximum quantity per tenderer or per lot; 2. An award under the tendering procedure shall (e) the special period of validity of the denaturing be equivalent to the conclusion of a contract of sale premium certificate or of the export licence. for the quantity of sugar awarded. The award shall be made either on the basis of:

(a) the price to be paid by the successful tenderer, Article 4

(b) the amount of the denaturing premium, or 1 . The invitation to tender shall be issued by the (c) the amount of the export refund, appropriate intervention agency for the quantities of sugar held by it. indicated in the tender.

2. The intervention agency shall draw up an 3 . The price to be paid by the successful tenderer invitation to tender. The invitation shall indicate : shall be : ( a) the name and address of the intervention agency (a) the price indicated in the tender in the case of issuing the invitation to tender; paragraph 2 ( a); (b) the terms of the invitation to tender; (b) the price indicated in the terms of the invitation to tender in the case of paragraph 2 (b) and (c). (c) the time limit for the submission of tenders ;

(d) the lots of sugar put up for tender and for each Article 2 lot : — the number; For the purposes of this Regulation, — the quantity; 1 . 'intended use' means : — the quality, by grade for white sugar and by (a) animal feed; yield for raw sugar; (b) export; — the type of packaging; — the location of the warehouse in which the (c) other purposes which may be determined. sugar is stored; 2. 'lot' means : — the delivery stage; a quantity of sugar of the same quality, packaged — the presentation, where appropriate; in the same way and stored in the same place. — facilities, if any, for loading onto a means of transport by inland waterway, sea or rail.

Article 3 3 . The invitation to tender shall be published in 1 . For the purpose of putting the sugar in question the Official Journal of the European Communities. up for tender, the following terms shall be The intervention agency may also publish the determined : invitation to tender, or have it published, elsewhere.

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4. The invitation shall be published in the Official 5 . A tender may stipulate that it may be treated as Journal of the European Communities at least ten submitted only if the award : days before the time limit for the submission of tenders expires. ( a) relates to all or a specified part of the quantity indicated in the tender,

Article 5 (b) is made not later than a time and date specified by the tenderer.

1 . Tenderers shall either lodge a tender in writing 6 . A tender which is not submitted in accordance against a receipt, with the intervention agency, or with the provisions of this Article or which contains address the tender to the intervention agency by terms other than those indicated in the invitation to registered letter, telex or telegram. tender shall not be taken into consideration.

2. The tender shall indicate : Article 6 ( a) the invitation to which the tender relates ; (b) the name and address of the tenderer ; 1 . The deposit required for the invitation to tender shall be : ' (c) the number of the lot; ( a) 0-5 units of account per 100 kilogrammes of (d) the quantity to which the tender relates ; white or raw sugar, for the intended uses referred (e) per 100 kilogrammes, either to in Article 2 ( 1 ) (a) and (c); — the price proposed, excluding internal (b) one unit of account per 100 kilogrammes of charges, or white or raw sugar, for the intended use referred :— the amount of the denaturing premium to in Article 2 ( 1 ) (b). proposed, or — the amount of the export refund proposed, 2. The tenderer may lodge the deposit either in cash or in the form of a guarantee by an in the currency of the Member State in which establishment complying with criteria laid down by the intervention agency issues the invitation; each Member State.

(f) in the case of denaturing, the Member State in Each Member State shall notify the Commission of which the sugar will be denatured. the criteria referred to in the preceding paragraph and the Commission shall in turn inform the other Tenderers may be required to furnish additional Member States . information.

3 . A tender relating to several lots shall be 1 Article 7 regarded as constituting as many tenders as the lots involved . Where the terms of the invitation to tender do not specify either a minimum price or a maximum 4. A tender shall be valid only if: amount for the denaturing premium or the export refund, these shall be fixed in accordance with the (a) proof is furnished before the time limit for the provisions of Article 40 of Regulation No submission of tenders expires and that the 1009/67/EEC after examination of the tenders, tenderer has lodged the deposit required for the account being taken of market conditions and invitation to tender; potential outlets. However, a decision may be taken to discontinue the invitation to tender. (b) it includes a declaration by the tenderer that, if his tender is successful, he will : — apply for a denaturing premium certificate Article 8 and lodge the deposit required in this connection, where the invitation to tender 1 . Without prejudice to the provisions of relates to sugar intended for animal feed; paragraphs 2 and 3 , the award shall be made to any — apply for an export licence and lodge the tenderer whose tender is not less than the minimum deposit required in this connection, where the price or whose tender does not exceed the maximum invitation to tender relates to sugar intended amount of the denaturing premium or the export for export. refund.

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2. For any one lot, the award shall be made to the quantity of sugar in question immediately on tenderer who proposes either the highest price or the receipt of an attestation from the Member State lowest denaturing premium or export refund. which issued the invitation to tender;

If the lot is not competely accounted for by that ( b) shall notify the Member State which issued the tender, awards shall be made to the tenderers whose invitation to tender that the certificate has been tenders contain the next highest price or the next issued. lowest denaturing premium or export refund. 4. The attestation referred to in paragraph 3 shall 3 . If, in the case of a lot or part of a lot, several indicate in particular: tenderers propose either the same price or the same ( a) the name and address of the successful tenderer, amount for the denaturing premium or the export refund, the intervention agency in question shall (b) the amount of the denaturing premium, award the quantity concerned : ( c) the quantity of sugar in question . (a) either in proportion to the quantities indicated in the tenders in question ; Article 10 (b) or by dividing that quantity between the I tenderers in agreement with them ; 1 . The intervention agency concerned shall ( c) or by drawing lots. immediately notify all tenderers of the outcome of their participation in the invitation to tender. The Article 9 agency shall also send a statement of award to the successful tenderers .

1 . An award shall : 2. Statements of awards shall indicate in (a) if the sugar is intended for animal feed: particular :

— confer the right to the issue, in respect of the (a) the invitation to which the tender relates ; quantity awarded, of a denaturing premium (b) the number of the lot and the quantity in respect certificate showing the denaturing premium of which the award is made; specified in the tender, (c) the price, the amount of the denaturing premium — entail the obligation to apply for such a or the amount of the export refund, as the case denaturing premium certificate in respect of may be, accepted for the quantity referred to that quantity; under (b). (b) if the sugar is intended for export: Article 11 — confer the right to the issue, in respect of the quantity awarded, of an export licence showing the refund specified in the tender 1 . The sugar purchased shall be removed from store not later than four weeks following the date on and, in the case of white sugar, the grade which the statement referred to in Article 10 is specified in the invitation to tender, received. — entail the obligation to apply for such an export licence in respect of that quantity and 2. The sugar purchased shall be paid for before white sugar of that grade. the sugar in question is removed from store.

2 . Rights and obligations arising from awards shall Article 12 not be transferable. They shall be exercised or fulfilled within two weeks following the date of receipt of the statement referred to in Article 10. 1 . Ownership of sugar which is the subject of an award shall be transferred when the sugar is removed from store. 3 . Where all or part of the sugar is denatured in a Member State other then the Member State which issued the invitation to tender, the Member State in 2. The intervention agency and the successful which denaturing is effected : tenderer may however agree on ownership being transferred at another stage. Such agreement shall be (a) shall, at the request of the successful tenderer, valid only if it is made in writing. Where it is agreed issue the denaturing premium certificate for the to transfer ownership before the sugar is removed

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from store, the purchaser shall pay the intervention (a) the price for that sugar shall be adjusted by agency the costs of storing from the time that applying the provisions of Article 13 of that ownership is transferred until the sugar is removed Regulation ; from store . (b) the amount of the denaturing premium or the amount of the export refund shall be adjusted by Article 13 multiplying by a coefficient equal to the yield found to exist divided by the yield indicated in the invitation . 1 . The provisions of Article 15 of Regulation (EEC) No 782/68 shall apply for the purposes of determining the grade or the yield of the sugar in Article 15 question at the time of removal from store.

1 . Except in cases of force majeure, the deposit 2. The contracting parties may however agree, required for the invitation to tender shall only be after the award has been made, that the grade ,or released in respect of the quantity : yield determined when the sugar was bought in by the intervention agency shall apply to sugar sold as a ( a) for which the tenderer : result of the invitation to tender. — has not withdrawn his tender before the award is made ; and Article 14 — has paid the purchase price within the period specified following compliance with the terms 1 . If application of the provisions of Article 15 of stipulated and has - applied for either a Regulation (EEC) No 782/68 establishes that white denaturing premium certificate or an export sugar is of a grade lower than that indicated in the licence as a result of the award ; or invitation to .tender, the price for that sugar shall be adjusted in respect of the intended uses referred to in (b) for which the tender has not been pursued. Article 2 (1 ) (b) and (c) of this Regulation by applying the provisions of Article 12 of that 2. The deposit shall be released immediately. Regulation . 3 . In cases of force majeure the intervention 2. If it is found that sugar intended for export is of agency shall determine the measures necessary in a grade other than that indicated in the invitation to view of the circumstances invoked. tender, the grade shown in the export licence shall be corrected . Article 16 3 . If application of the provisions of Article 15 of the above-mentioned Regulation establishes that the This Regulation shall enter into force on the third yield of raw sugar is other than that indicated in the day following its publication in the Official Journal invitation to tender : of the European Communities.

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

Done at Brussels, 8 October 1969 .

For the Commission

The President

Jean REY

v