31973R1977

No L 201 /26 Official Journal of the European Communities 21 . 7 . 73

REGULATION (EEC) No 1977/73 OF THE COMMISSION of 20 July 1973 on a standing invitation to tender for the sale for export of white sugar held by the German intervention agency

THE COMMISSION OF THE EUROPEAN Whereas, in view of the particular situation obtaining COMMUNITIES, on the market in sugar, rules differing from those laid down in Commission Regulation (EEC) No 2637/70 (8) of 23 December 1970 laying down special Having regard to the Treaty establishing the European detailed rules for the application of the system of Economic Community ; import and export licences and advance fixing certifi­ cates for agricultural products, as last amended by Regulation (EEC) No 1 570/73 (9), should be laid down Having regard to Council Regulation No 1009/ for the period of validity of export licences issued in 67/EEC (') of 18 December 1967 on the common connection with the present tendering procedure ; organization of the market in sugar, as last amended by Regulation (EEC) No 1014/73 (2), and in particular Article 10 (3) and Article 11 (2) thereof ; Whereas it is impossible to ensure that sugar which is exported under this invitation to tender will be the sugar which has been sold by the German interven­ Whereas, it is desirable to issue an invitation to tender tion agency ; whereas from then a sugar, for which aid for the purchase by lots of sugar held by the German has been granted in the United Kingdom, in accor­ intervention agency, whereas the sale should be for dance with Commission Regulation (EEC) No export ; 473/73 (10) of 31 January 1973 authorizing the United Kingdom to grant aid as a transitional measure for sugar to be consumed in its territory amended by Whereas general and detailed rules for the sale of Regulation (EEC) No 552/73 (n), could be exported sugar by tender were adopted in Council Regulation instead of the sugar in question ; whereas in order to (EEC) No 447/68 (3) of 9 April 1968 laying down prevent any distortion of competition and any deflec­ general rules for intervention buying of sugar, as last tion of trade it is necessary to provide that white sugar amended by Regulation (EEC) No 2274/70 (4), and by in free circulation in the United Kingdom may not be Community Regulation (EEC) No 258/72 (5) of 3 exported to third countries under cover of a licence February 1972 laying down detailed rules concerning issued under this standing invitation to tender ; the sale by tender of sugar by intervention agencies ;

Whereas the measures provided for in this Regulation Whereas a minimum quantity for which tenders may are in accordance with the Opinion of the Manage­ be submitted should be fixed at such level as will ment Committee for Sugar ; enable the largest possible number of tenderers to take part ;

Whereas the sugar put up for sale will be of the cate­ HAS ADOPTED THIS REGULATION : gory 1 defined in Council Regulation (EEC) No 1280/71 (6) of 18 June 1971 laying down detailed rules for the buying in of sugar by intervention agen­ cies, as amended by Regulation (EEC) No 2417/71 (7) ; Article 1

Whereas it is not impossible that the quantity of sugar 1 . The German intervention agency shall issue a delivered following an award of contract may be less standing invitation to tender for the sale for export of than that mentioned in the communication as to the white sugar which it holds. The tendering procedure award ; whereas it is proper that in such case the shall determine the export refund on the said sugar. German intervention agency should correct the communication ; 2. Tenders submitted in response to the standing invitation shall relate to quantities of white sugar (') OJ No 308 , 18 . 12. 1967, p. 1 . made up into lots as indicated in the Annex. (2) OJ No L 106, 20 . 4. 1973 , p. 1 . (3) OJ No L 91 , 12 . 4. 1968 , p. 5. ' (4) OJ No L 246, 12. 11 . 1970 , p. 3 . (8) OJ No L 283 , 29 . 12. 1970, p. 15 . (5) OJ No.L 31 , 4. 2. 1972, p. 22. H OJ No L 157, 14. 6. 1973, p. 17. (6) OJ No L 133 , 19 . 6. 1971 , p. 34. (">) OJ No L 53, 26. 2. 1973 , p. 59 . (7) OJ No L 250 , 11 . 11 . 1971 , p. 30. " OJ No L 54, 27. 2. 1973, p. 21 .

21 . 7. 73 Official Journal of the European Communities No L 201 /27

Article2¶

The tendering procedure shall be in accordance with 1 . The German intervention agency shall include the relevant provisions of Regulation (EEC) No in the certificate of award a reservation as to the quan­ 447/68 and of Regulation (EEC) No 258/72 and with tity awarded. the provisions set out below. 2. Where the quantity delivered by the German intervention agency is lower than that specified in the Article 3 certificate of award, the certificate shall be amended to exclude the difference found. The invitation to tender shall remain open until a date to be fixed later. 3 . The successful tenderer shall not be entitled to any other rights by reason of the difference in quan­ Article 4 tity found under paragraph 2.

1 . In derogation from Articles 4 (3) and 5 (3) (b) of Article 8 Regulation (EEC) No 258/72, publication of the , Notice of invitation to tender in the Official Journal The German intervention agency shall each week, by of the European Communities shall take place at least displaying notices, publish the quantities sold under two days before expiry of the period for submission of this tendering procedure. In addition notices shall be tenders for the first individual invitation to tender. displayed in the Commission headquarters in Brus­ sels, in places set aside for the purpose. 2. In derogation from Article 5 (4) (b) of Regulation (EEC) No 258/72 the period for the submission . of Article 9 tenders which is otherwise due to expire on Wednesday, 15 August 1973, shall expire at 9.30 a.m. 1 . Article 33 (a) of Regulation (EEC) No 2637/70 on Tuesday, 14 August 1973. shall not apply to white sugar to be exported under this tendering procedure. Article 5 2. Export licences issued in connection with an individual invitation to tender shall be valid from the A tender shall be valid only if it relates to a quantity date of issue until 30 September 1973 . of at least 500 metric tons, or if the remaining quan­ tity in a lot is less than 500 metric tons, to that Article 10 remaining quantity. The white sugar in free circulation in the United Article 6 Kingdom shall not be exported under cover of an export licence issued under this standing invitation to The price to be paid by the successful tenderer shall tender. be fixed per 100 kg in respect of each lot, as indicated in the Annex. The price is quoted ex storage depot, Article 11 goods laden and presented in the manner described in / the Annex, as appropriate to the particular lot, but This Regulation shall enter into force on 23 July exclusive of internal taxes . 1973 .

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

Done at Brussels, 20 July 1973 .

For the Commission

The President

Francois-Xavier ORTOLI

No L 201 /28 Official Journal of the European Communities 21 . 7 . 73

ANNEX

1 2 3 4 5 6 Reference Quality Price number ' Land ', storer and storage place· Quantity ( t) Packing description (u. a. /100 kg) of the lot

NORDRHEIN-WESTFALEN RHENUS AG Al Düsseldorf Hafen Kaistraße 4-6 1 000 1 25-05 Jutesäcke mit Polyäthylen (50 kg) NORDRHEIN-WESTFALEN . RHENUS AG A2 Düsseldorf Hafen 500 . 1 ." Jutesäcke 25-05 Kaistraße 4-6 mit Polyäthylen (50 kg)