31973R2141

No L 216 / 12 Official Journal of the European Communities 4 . 8 . 73

REGULATION ( EEC ) No 2141 / 73 OF THE COMMISSION of 3 August 1973 on a standing invitation to tender to determine the export refund for white sugar

THE COMMISSION OF THE EUROPEAN regard to tenders and the transferability of export COMMUNITIES, licences under conditions different from those provided for by Commission Regulation (EEC) No 1 373/70 (8) of 10 July 1970 on common detailed rules Having regard to the Treaty establishing the European for the application of the system of import and export Economic Community ; licences and advance fixing certificates for agricultural products subject to a single price system , as last Having regard to Council Regulation No 1009/ amended by Regulation (EEC) No 1796/73 (9) ; 67/EEC ( 1) of 18 December 1967 on the common organization of the market in sugar, as last amended Whereas the measures provided for in this Regulation by Regulation (EEC) No 1928 /73 (2), and in particular are in accordance with the Opinion of the Manage­ Articles 11 (2), 17 (4) and 38 thereof ; ment Committee for Sugar ;

Whereas, as the new sugar production year approaches, a standing invitation to tender should be issued for the export of white sugar from the 1973/74 HAS ADOPTED THIS REGULATION : sugar marketing year.

Article 1 Whereas the general and detailed rules relating to the tendering procedure to determine the export refund on sugar are contained in Council Regulation (EEC) Member States shall issue a standing invitation to No 766/68 (3) of 18 June 1968 laying down general tender to determine the export refund for white sugar, rules for granting export refunds on sugar, as last and, during the period of validity of the standing invi­ amended by Regulation (EEC) No 881 /73 (4), and in tation, they shall issue partial invitations to tender. Commission Regulation (EEC) No 394/70 (5) of 2 March 1970 on detailed rules for granting export refunds on sugar ; Article 2

Whereas, in order to take account of the present situa­ The standing invitation to tender and the partial invi­ tion on the sugar market, the period of validity of the tations shall be organized in accordance with Article 4 export licences issued in pursuance of this invitation of Regulation (EEC) No 766/68 , the provisions of to tender should be different from that provided for in Regulation (EEC) No 394/70 and the following provi­ Commission Regulation (EEC) No 2637/70 (6) on sions . special detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products, as last amended Article 3 by Regulation ( EEC) No 1940/73 (7), and it should be made possible to derogate from those provisions ; whereas, moreover, a minimum quantity per tender The standing invitation to tender shall remain valid should be laid down according to destination ; until a date to be determined at a later stage.

Whereas, as a result of the economic trend of the Article 4 world sugar market, when an invitation to tender is issued certain situations may arise which are likely to call into question the principles governing the system 1 . The period during which tenders may be of invitations to tender ; whereas, in order to forestall submitted in response to the first partial invitation : any possible difficulties, special provisions must be (a) shall begin on the day on which notice of the adopted to deal with such situations, particularly with standing invitation to tender is published in the Official Journal of the European Communities -, 0 ) OJ No 308 , 18 . 12. 1967, p. 1 . (2) OJ No L 199, 19 . 7. 1973, p. 7. (b) shall end at 10 a.m . on Wednesday, 22 August 3) OJ No L 143, 25 . 6. 1968 , p. 6. 1973 . «) OJ No L 86, 31 . 3 . 1973 , p . 30 . 5) OJ No L 50, 4. 3 . 1970, p. 1 . *) OJ No L 283, 29 . 12. 1970, p . 15. (8) OJ No L 158 , 20 . 7. 1970, p. 1 . ?) OJ No L 199 , 19 . 7 . 1973 , p . 26. (9) OJ No L 183, 5 . 7. 1973 , p. 1 .

4 . 8 . 73 No L 216/ 13 Official Journal of the European Communities

2. The periods during which tenders may be 2. Where a maximum quantity has been fixed for a submitted in response to the second and subsequent partial invitation to tender, and where all the tenders to be taken into consideration for the award indicate a partial invitations : refund with a rate of zero, the award shall be made, by (a) shall begin on the first working day following the end of the previous period ; and way of derogation from the second subparagraph of Article 6 (4) of Regulation (EEC) No 394/70, by (b) shall end at 10 a.m . on the Wednesday of the dividing the maximum quantity : following week . (a) either in proportion to the quantities shown in the 3 . By way of derogation from paragraph 2 (b) the tenders in question ; periods for submitting tenders which are to end : (b) or between the successful tenderers, up to a (a) on Wednesday, 21 November 1973, shall end on maximum tonnage to be determined ; Tuesday, 20 November 1973, at 10 a.m . (c) or by using the procedures provided for under (a) (b) on Wednesday, 26 December 1973, and and (b) simultaneously ; Wednesday, 2 January 1974, shall end on Thursday, 3 January 1974, at 10 a.m . (d) or by drawing lots in addition to the procedure provided for under (b). 4. During the period in which Summer Time applies in Italy, the time limits laid down in the prev­ ious paragraphs shall be understood in that Member Article 9 State to be extended by one hour. For the period during which Summer Time does not apply in the 1 . Article 33a of Regulation (EEC) No 2637/70 United Kingdom and in Ireland, the deadlines estab­ shall not apply to the white sugar to be exported in lished above shall be regarded in that Member State as pursuance of this standing invitation to tender. brought forward by one hour. 2. Export licences issued in pursuance of a partial Article 5 invitation to tender shall be valid from the date of their issue to the end of the 5th month following the A tender shall be valid only if it relates to an amount month in which this invitation to tender has been of not less than 250 metric tons . issued .

Article 6 However, Where there are tenders indicating a refund with a (a) export licences issued before 1 October 1973 can rate of zero : be used only from that date ; (a) each tenderer may submit only one tender ; (b) export licences issued in pursuance of the partial (b) the tender should be submitted to the competent invitations to tender to be held after 30 April 1974 body of the Member State in which the tenderer is shall be valid only until 30 September 1974. permanently resident or has his legal seat, as the case may be . Article 10 By way of derogation from the first subparagraph of Article 7 Article 3 of Regulation ( EEC) No 1373 /70, rights Tenders shall be notified to the Commission im­ deriving from licences issued in pursuance of a partial invitation to tender which indicate a refund with a mediately . rate of zero shall not be transferable . Article 8

Article 11 1 . A maximum quantity may be fixed for each of the partial invitations to tender once the tenders have This Regulation shall enter into force on 6 August been examined . 1973 .

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

Done at Brussels , 3 August 1973 .

For the Commission

The President

François-Xavier ORTOLI