31974R3062

4 . 12 . 74 No L 324/ 7 Official Journal of the European Communities

REGULATION ( EEC) No 3062/ 74 OF THE COMMISSION of 3 December 1974 on a standing invitation to tender to determine subsidies for imports of white and raw sugar

THE COMMISSION OF THE EUROPEAN the system of import licences and export licences and COMMUNITIES, of prefixation for agricultural products, as last amended by Regulation (EEC) No 2858/ 74 ( 8),; Having regard to the Treaty establishing the European Economic Community ; Whereas, having regard in particular to the fact that this tendering system concerns both imports of sugar from , and subsequent exports of corresponding quanti­ Having regard to Council Regulation No 1009 / ties of sugar to third countries it would not be appro­ 67/ EEC ( 1 ) of 18 December 1967 on the common priate to apply monetary compensatory amounts to organization of the market in sugar, as last amended the said system ; by Regulation (EEC) No 2476/74 (2), and in particular Articles 11 (2), 16 (5) and 38 thereof ; Whereas the Opinion of the Finance Committee has been sought ; Having regard to Regulation (EEC) No 608 /72 (3) of 23 March 1972 laying down rules to be applied in Whereas the measures provided for in this Regulation cases of considerable rises in the prices of sugar on are in accordance with the Opinion of the Manage­ the world market, and in particular Article 3 thereof ; ment Committee for Sugar,

Having regard to Council Regulation (EEC) No 974/71 (4) of 12 May 1971 on certain measures of conjunctural policy to be taken in agriculture HAS ADOPTED THIS REGULATION : following the temporary widening of the margins of fluctuation in the currencies of certain Member States, as last amended by Regulation (EEC) No 2497/74 (5), Article 1 and in particular Article 6 thereof ; The Member States shall issue a standing invitation to Whereas the decision to subsidise imports of 200 000 tender in respect of subsidies for imports from third metric tons of sugar, together with the terms of the countries of white and raw sugar, and during the import procedure, were announced in Council Regula­ period of validity of the standing invitation to tender tion (EEC) No 2931 /74 (6) of 18 November 1974 on they shall issue partial invitations to tender . the introduction of a subsidy for imports of white and raw sugar ; whereas the procedure will be one of tendering, in which the tenderer will be authorized to Article 2 export from the start of the processing of the 1975 beet harvest a quantity of sugar corresponding to that The standing invitation to tender and the partial invi­ imported under the said tendering procedure ; tations to tender shall be issued in accordance with the provisions of Regulation ( EEC) No 2931 /74 and Whereas, having regard to the price levels of sugar on the provisions of this Regulation . the world market and to the situation in respect of the Community's sugar supplies, it is appropriate to provide certain measures of a technical nature to Article 3 ensure that the tendering system operates as effec­ tively as possible ; whereas, for the same reasons, it is 1 . The Member States shall draw up an invitation appropriate to provide for derogations from, or adapta­ to tender. The invitation shall be published in the Offi­ tions of Commission Regulation (EEC) No 2637/70 (7) cial Journal of the European Communities. The of 23 December 1970 on detailed rules for applying Member States may be publish the invitation to tender or have it published elsewhere . (') OJ No 308 , 18 . 12 . 1967, p . 1 . (2) OJ No L 264, 1 . 10 . 1974, p. 70 . (3 ) OJ No L 75, 28 . 3 _ J 972, p. 5 . 2. The invitation to tender shall indicate in parti­ (4) OJ No L 106, 12 . 5 . 1971 , p. 1 . cular the terms of the invitation . (5 ) OJ No L 268 , 3 . 10 . 1974, p. 5 . (6) OJ No L 311 , 22 . 11 . 1974, p. 8 . ( 7) OJ No L 283 , 29 . 12 . 1970, p . 15, (8) OJ No L 305, 15 . 11 . 1974, p . 27 .

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3 . The standing invitation to tender shall be (d) the amount of import subsidy sought per 100 kilo­ published only for the purpose of opening it. The invi­ grammes of sugar expressed in white value, in the tation as published may be amended during the currency of the Member State of the authority to period of validity of the standing invitation to tender. which the tender is submitted ; It shall be amended if the terms of the invitation to (e) the Member State in whose territory the imported tender are changed during that period . sugar will be put into free circulation and, where appropriate, the anticipated port or ports of impor­ tation . Article 4 3 . A tender shall be valid only if : 1 . The period during which tenders may be submitted in response to the first partial invitation : (a) the total quantity of sugar to be imported is not less than 500 metric tons ; (a) shall begin on the day on which the standing invi­ tation to tender is published in the Official (b) proof is furnished before the expiry of the time limit for the submission of tenders that the Journal of the European Communities, and tenderer has lodged the security required for the (b) shall expire on 11 December 1974 at 10 a.m . invitation to tender provided for in Article 6 ; 2. The period during which tenders may be (c) it includes a declaration by the tenderer that if his tender is successful he will apply for an import submitted in response to the second and subsequent licence in respect of the quantity of product to be partial invitations : imported . (a) shall begin on the first working day following the day on which the preceding period comes to an 4 . A tender may stipulate that it is to be regarded end, and as having been submitted only if : (b) shall expire on the Wednesday of the following (a) the maximum amount of the subsidy provided for week at 10 a.m . in Article 8 ( 1 ) is fixed on the day on which the time limit for the submission of tenders expires ; 3 . Notwithstanding the provision in paragraph 2 (b) the time limits for the submission of tenders which (b) the award of the tender relates to the total quantity indicated in the tender or to a specified part of would otherwise expire on Wednesday, 25 December that total quantity . 1974 or Wednesday, 1 January 1975, shall be Wednesday, 8 January 1975 . 5 . A tender which is not submitted in accordance with the provisions in this Article, or which contains 4. During the period of Summer Time in Italy, the terms other than those indicated in the invitation to time limits laid down in the preceding paragraphs tender, shall not be taken into consideration . shall be extended by one hour in that Member State . Outside the periods of Summer Time in Ireland and 6 . Once submitted a tender may not be withdrawn . in the United Kingdom , the time limits laid down in the preceding paragraphs shall be brought forward by one hour in those Member States . Article 6

1 . The security required for the invitation to tender Article 5 shall be 25 units of account per 100 kilogrammes of white sugar. In the case of raw sugar the subsidy shall 1 . Tenderers must either lodge a tender in writing, be 25 units of account per 100 kilogrammes of the against a receipt, with the competent authority of the white sugar equivalent of the raw sugar. Member State in which the imported sugar will be put into free circulation , or address the tender to that 2 . The amount to be used in calculating that part authority by registered letter, telex or telegram . of the security which is forfeited shall be three units of account plus the difference between the maximum 2 . The tender must indicate : amount of the subsidy fixed in connection with the (a) the invitation to which the tender relates ; partial invitation in response to which the tender was accepted and the maximum amount of the subsidy (b) the name and address of the tenderer ; fixed for the last partial invitation prior to the date on (c) the quantity of white sugar or raw sugar, as appro­ which the validity of the licence expires, where the priate , to be imported . In the case of raw sugar the latter is the greater. quantity to be imported must also be expressed as a corresponding quantity of white sugar by refer­ 3 . The tenderer may lodge the security either in ence to a yield calculated by doubling the degree cash or in the form of a guarantee by an establish­ of polarization of the raw sugar and subtracting ment complying with criteria laid down by the 100 ; Member State in which the fender is submitted .

4 . 12 . 74 Official Journal of the European Communities No L 324/ 9

4. Except in cases of force majeure, the security Article 9 required for the invitation to tender shall be released only in respect of the quantity : 1 . Except where a decision is taken to discontinue a partial invitation to tender, and without prejudice to (a) for which the tenderer : the provisions of paragraphs 2 and 3, the award shall — has not withdrawn his tender, and be made to every tenderer whose tender does not — has completed the customs import formalities exceed the maximum amount of the subsidy. under the import licence issued following the award of the tender, in which case the provi­ 2. Where a maximum tonnage has been fixed for a sions of Article 16 of Regulation (EEC) No partial invitation to tender, the award shall be made to 1373/70 ( !), as last amended by Regulation the tenderer whose tender quotes the lowest subsidy. ( EEC) No 2111 /74 (2), shall apply mutatis If the maximum tonnage is not fully used up by that mutandis ; tender, awards shall be made to those applicants (b) for which the tender has not been pursued. whose tenders quote the next lowest subsidies until The deposit shall be released without delay. the maximum tonnage has been accounted for. 5. In a case of force majeure, the competent 3 . Where, however, awards under the provisions of authority of the Member State concerned shall paragraph 2 would lead to the maximum tonnage determine the measures necessary in view of the being exceeded as a result, taking a particular tender circumstances invoked by the interested party. into consideration , an award shall be made to that tenderer in respect only of the tonnage which would Article 7 allow the maximum tonnage to be accounted for. 1 . Tenders shall be examined in private by the Tenders quoting the same subsidy and whose aggre­ competent authority concerned. Subject to paragraph gate tonnage exceeds the maximum tonnage will be 2, persons present at the examination shall be sworn considered in proportion to the individual quantities to secrecy. in such tenders . 2 . Tenders shall be communicated to the Commis­ sion without delay and in a manner which respects Article 10 anonymity . 1 . The competent authority of the Member State Article 8 concerned shall immediately notify all applicants of 1 . After examining the tenders received and having the result of their participation in the invitation to regard in particular to the Community's position with tender. That authority shall also send successful regard to sugar supplies and to the levels of sugar tenderers without delay a statement of award . prices in the Community and on the world market, the Commission shall fix, in accordance with the 2 . Statement of awards shall , inter alia, indicate : procedure laid down in Article 40 of Regulation No (a) the invitation to which the tender relates ; 1009/67/ EEC, a maximum subsidy for the partial invi­ tation to tender in question . It may also decide to (b) the tonnage, in respect of which the subsidy has discontinue a partial invitation to tender. been awarded , expressed in white value, and in the case of raw sugar expressed also in tel quel value ; 2. After examination of the tenders, a maximum tonnage may be fixed for each partial invitation in (c) the subsidy to be granted per 100 kilogrammes of accordance with the procedure referred to in para­ sugar, expressed in white value ; graph 1 . (d) the Member State where the imported sugar will 3 . In order to achieve comparability between be put into free circulation . tenders , and for the award of tenders by Member States, the amount proposed for the subsidy expressed A rticle 1 I in a national currency shall be converted into units of account by applying the relevant conversion rate 1 . The tenderer shall have : currently in operation with the common agricultural policy, weighted by the coefficient referred to in (a ) the right to the issue, in respect of the quantity of Article 4 (3 ) of Regulation ( EEC) No 1463/73 (3 ), as product to be imported, of an import licence last amended by Regulation ( EEC) No 2521 /74 (4), and showing the subsidy specified in the tender ; applicable in the Member State in which the sugar (b) the obligation : will be put into free circulation on the day on which the maximum amount of the subsidy is fixed . — to import that quantity into the Member State­ indicated in the statement of award , (') OJ No L 158 , 20 . 7 . 1970 , p. 1 . — where the sugar is sold for consumption in the (2) OJ No L 220, 10 . 8 . 1974, p. 5 . (3 ) OJ No L 146, 4. 6. 1973 , p. 1 . Community, to abide by the undertakings, pres­ (4) OJ No L 270 , 5 . 10 . 1974, p. 70 . cribed in Article 12 ;

No L 324/ 10 Official Journal of the European Communities 4 . 12. 74

(c) the right to the issue of an export licence in 'Article 12 respect of a quantity of sugar corresponding to that put into free circulation under the licence referred to in (a) and in respect of which the subsidy has been paid in accordance with Article 1 . The undertakings referred to in the second 13 , provided this licence, is applied for between 15 indent of Article 11 ( 1 ) (b) shall be the following : October 1975 and 31 March 1976 . Within the I meaning of Article 8 ( 1 ) (a) of Regulation (EEC) No 1373/70, this export licence shall be valid for (a) where a successful tenderer sells the imported six months from the date of issue ; white sugar, the price in the contract of sale shall not exceed 32-40 units of account per 100 kilo­ (d) the right to export the quantity of sugar referred to grammes of products, exclusive of packaging, deliv­ in (c) without the provisions of Article 16 ( 1 ) of ered ?X the cif stage in the Member State in which Regulation No 1009/67/EEC being applied to that the sugar is to be put into free circulation ; quantity. The obligations arising from an award shall not be (b) where the successful tenderer is himself to manu­ transferable . facture products containing the imported white sugar, he may declare an undertaking that such 2. The licence referred to in paragraph 1 (a) shall products will be manufactured his own premises. be issued by the competent authority of the Member In the absence of such a declaration the provision State in which the statement of award was issued . of subparagraph (a) shall apply ; Applications for licences must be submitted within 10 days following the day on which the time limit for the (c) where the successful tenderer sells the imported submission of tenders expires. In respect of partial raw sugar to a refinery or factory for refining, the invitations to tender issued before 1 January 1975, price in the contract of sale shall not exceed 27-82 however, the application must be submitted in the units of account per 100 kilogrammes of standard first 10 days of January 1975. quality raw sugar, exclusive of packaging, delivered at the cif stage in the Member State in which the 3 . By way of derogation from Article 32 ( 1 ) of Regu­ refined sugar is to be put into free circulation . The lation (EEC) No 2637/70, import licences issued contract shall also contain a clause whereby the under this tendering procedure shall be valid from the refiner or the producer who purchases the sugar date of issue until the end of the second month for refining undertakes to sell the refined sugar at following that date within the meaning of Article 8 ( 1 ) a price not exceeding 32-40 units of account per of Regulation ( EEC) No 1373 /70 . 100 kilogrammes of product, exclusive of pack­ aging, ex-refinery or ex-factory, no account being 4. At the request of the tenderer a licence issued in taken of any transport costs between the frontier respect of white sugar under the provision in para­ of the Member State in which the sugar is to be graph 1 (a) may be replaced before the customs put into free circulation and the place of refining ; import formalities have been completed by a licence in respect of raw sugar, and vice versa. The new (d) where the successful tenderer is a refiner, or licence shall be issued only by the authority which producer, refining the imported sugar he shall issued the original licence and only upon presentation declare an undertaking to sell the refined sugar at of the statement of award provided for in Article 10 . a price not exceeding 32-40 units of account per The new licence shall contain -the same information 100 kilogrammes of product, exclusive of pack­ as that shown on the original licence except in respect aging, ex-refinery or ex-factory, no account being of the nature and quantity of the product to be taken of any transport costs between the frontier imported . of the Member State in which the sugar is to be put into free circulation and the place of refining. Where the new licence relates to :

— white sugar, the quantity to be indicated in the licence shall be the quantity of raw sugar 2. Furthermore, in the cases referred to in para­ expressed in white value as indicated in the state­ graph 1 (c) and (d), where a refiner or producer ment of award, intends to sell the refined sugar at a mixed price deter­ — raw sugar, the quantity to be indicated in the mined by reference to the refining of raw sugar licence shall be expressed in white value and shall imported from several origins and at various prices, he be equal to the quantity of white sugar as indi­ shall declare an undertaking that, when calculating cated in the original licence . the mixed selling price he will abide by the maximum price referred to in paragraph 1 (d) in respect of that 5 . An application for the export licence referred to part of the quantity of refined white sugar corres­ in paragraph 1 (c) must be submitted to the authority ponding to the raw sugar imported under the which issued the corresponding import licence. tendering procedure.

4. 12 . 74 Official Journal of the European Communities No L 324/ 11

3 . Where appropriate, the maximum price of 32-40 Article 13 shall pay him without delay a supplemen­ units of account referred to in paragraph 1 shall be tary amount equal to the difference per 100 kilo­ increased by the difference between the threshold grammes between the target price for white sugar price applying on the day which the imported white applying on the day on which the time limit for the sugar is put into free circulation and the threshold submission of tenders in response to the partial invita­ price applying on the day on which is fixed the tion in question expires, and the target price for white maximum subsidy for the partial invitation to tender sugar on the day on which the customs export formali­ in question . ties are completed following the exercise of the right conveyed by Article 11 ( 1 ) (c). In that case the maximum price of 27-82 units of account referred to in paragraph 1 (c) shall be Article 17 increased by 92 % of the difference referred to in the preceding paragraph . 1 . The provisions of Article 33a of Regulation (EEC) No 2637/70 shall not apply to white sugar or Article 13 raw sugar which the tenderer can export in accor­ dance with Article 11 ( 1 ) (c). 1 . The subsidy in respect of the quantity put into 2. By way of derogation from Article 33 ( 1 ) (a) of free circulation shall be paid without delay to the tenderer by the competent authority in the Member Regulation (EEC) No 2637/70, the rate of the deposit State which issued the invitation to tender, in the in connection with import licences shall be zero unit of account per 100 kilogrammes net . currency of that Member State, upon the production :

(a) of proof that the obligation referred to in the first Article 18 indent of Article 11 ( 1 ) (b) has been complied with . This proof shall require the presentation of An Article 30a, as follows, shall be inserted in Regula­ copy No 1 of the import licence and, where appro­ tion ( EEC) No 2637/70 : priate, of copy No 1 of the extract or extracts from licences bearing attributions entered by the Member State in which the product is to be put in ' Article 30a free circulation as indicated in the tender, in accor­ dance with the provisions of Article 8 of Regula­ 1 . For the purposes of applying Article 1 1 ( 1 ) (a) tion (EEC) No 1373/70 ; of Regulation (EEC) No 3062/74, Section 20 of the import licence shall specify the rate of import (b) of the contract or of the declaration referred to in subsidy, expressed in the currency of the Member Article 12 . State issuing the licence and contained in one of the following endorsements : For the purposes of payment of the subsidy in respect of raw sugar the imported quantity of such sugar shall "import subsidy applicable : per 100 kg, to be be expressed as a quantity of white sugar, taking into adjusted as appropriate" ; account the effective yield . " Einfuhrsubvention : je 100 kg, gegebenen­ falls anzupassen" ; 2. The right to the subsidy shall be acquired only after the relevant obligations have been fulfilled . "subvention a l'importation applicable : par 100 kg, a adapter le cas échéant" ; Article 14 "sovvenzione all'importazione applicabile : per 100 kg, da adattare se necessario" ; Monetary compensatory amounts shall not apply to " invoersubsidie per 100 kg, eventueel aan te the imports and exports made under this tendering passen " ; system . " tilskud til indførsel pr. 100 kg, tilpasses i givet fald ". Article 1 .5 2. For the purpose of applying Article 1 1 ( 1 ) (b) of Regulation (EEC) No 3062/ 74 Section 18 of the Where the maximum price has been increased under export licence shall contain one of the following the provisions of Article 12 (3), the subsidy to which endorsements : entitlement is conveyed by Article 13 shall be reduced by an amount equal to the increase in the maximum " for export without levies" ; price in respect of the product concerned . " ohne Abschöpfungen auszuführen " ; "a exporter sans prélèvements" ; Article 16 "da esportare senza prelievi" ; " uit te voeren zonder heffingen " ; Where appropriate, and at the request of a person entitled to a subsidy, the Member State referred to in "udføres uden afgifter".'

No L 324/ 12 Official Journal of the European Communities 4 . 12 . 74

Article19¶

Member States shall take all measures necessary to facilitate the supervision of the application of this Regulation and the recovery of all or part of the subsidy if the undertakings entered into by the parties This Regulation shall enter into force on 4 December are not observed . 1974 .

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

Done at Brussels, 3 December 1974.

For the Commission

The President

Francois-Xavier ORTOLI