31975R0312

8 . 2 . 75 Official Journal of the European Communities No L 35/ 5

REGULATION ( EEC) No 312/ 75 OF THE COMMISSION of 7 February 1975 on a standing invitation to tender to determine subsidies for white sugar produced in excess of the maximum quota and in respect of which no export levy is to apply

THE COMMISSION OF THE EUROPEAN Whereas the Opinion of the Monetary Committee has COMMUNITIES , been sought ;

Whereas the measures provided for in this Regulation Having regard to the Treaty establishing the European are in accordance with the Opinion of the Manage­ Economic Community ; ment Committee for Sugar,

Having regard to Council Regulation No 1009 / 67/ EEC (') of 18 December 1967 on the common HAS ADOPTED THIS REGULATION : organization of the market in sugar, as last amended by Regulation (EEC) No 2476/74 (2), and in particular Articles 25 (3) and 38 thereof ; Article 1

The Member States in which sugar has been produced Having regard to Council Regulation (EEC) No in excess of the maximum quota shall issue a standing 2932/74 (3) of 18 November 1974 on the grant and invitation to tender to remain open until 12 March financing of a subsidy on sugar produced in excess of 1975, and during its period of validity partial invita­ the maximum quota and on the financing of the tions to tender, in respect of a subsidy for such white subsidy on sugar imports, and in particular Article sugar produced during the 1974/75 sugar marketing 1 (2) thereof ; year and to which the provisions of Article 16(1 ) of Regulation No 1009/67/ EEC do not apply. Having regard to Council Regulation (EEC) No 974/71 (4) of 12 May 1971 on certain measures of Article 2 conjunctural policy to be taken in agriculture following the temporary widening of the margins of fluctuation for the currencies of certain Member 1 . The Member States concerned shall draw up a notice of standing invitation to tender. This notice States, as last amended by Regulation (EEC) No shall be published in the Official Journal of the Euro­ 3259/74 (5), and in particular Article 6 thereof ; pean Communities. The Member States concerned may also publish the notice of invitation to tender, or Whereas by virtue of Regulation (EEC) No 2932/74 a have it published, elsewhere . subsidy may be granted for sugar produced in excess 2 . The notice of invitation to tender shall indicate of the maximum quota which should be exported in accordance with Article 25 of Regulation No 1009 / in particular the terms of the invitation . 67/EEC ; whereas it is necessary, because of the sugar deficit within the Community, to allow this sugar to 3 . The notice of standing invitation to tender shall be released onto the Community market and to invite be published only for the purpose of opening that invi­ tenders to determine the amount of the subsidy tation . The notice as published may be amended concerned ; during the period of validity of the standing invitation to tender . It shall be so amended if the terms of the invitation to tender are amended during that period . Whereas appropriate provisions should be drawn from the rules governing invitations to tender in respect of imports and exports of sugar ; whereas, in addition , Article 3 when the maximum subsidy is fixed, account should be taken of the differences existing between the prices 1 . The period for the submission of tenders in recorded on the world market and in the Community response to the first partial invitation : and of the maximum subsidy fixed pursuant to the (a) shall begin on the day on which the notice of invitation to tender in respect of imports ; standing invitation to tender is published in the Official Journal of the European Communities, (') OJ No 308 , 18 . 12. 1967, p. 1 . (2) OJ No L 264, 1 . 10 . 1974, p. 70 . (3) OJ No L 311 , 22. 11 . 1974, p. 10 . and (4) OJ No L 106, 12. 5. 1971 , p. 1 . (5) OJ No L 349, 28 . 12. 1974, p. 10 . (b) shall expire on 12 February 1975 at 10 a.m .

No L 35/ 6 Official Journal of the European Communities 8 . 2 . 75

2. without prejudice to Article 1 , the period for the the Commission shall fix, in accordance with the submission of tenders in response to the second and procedure laid down in Article 40 of Regulation No to the subsequent partial invitations to tender : 1009/67/EEC, a maximum subsidy for the partial invi­ tation to tender in question . (a) shall begin on the first working day following the day on which the preceding period expires, and This maximum amount must be less than the maximum amount fixed on the same day by virtue of (b) shall expire on the Wednesday of the following week at 10 a.m . the standing invitation to tender to determine subsidies on the importation of white and raw sugar without authorization to export subsequently free of Article 4 levy a corresponding quantity. The Commission may alternatively decide to make no award . 1 . Tenders, which must be in writing, shall either be delivered by hand against a receipt to the compe­ 2. In order to achieve comparability between tent agency of the Member State in which the sugar tenders, and for the purpose of the award of contracts referred to in Article 1 has been produced, or by Member States, the amount proposed for the addressed to that agency by registered letter, telex, or subsidy expressed in a national currency shall be telegram . converted into units of account by applying the rele­ vant conversion rate currently applicable for purposes 2 . Every tender must indicate : of the common agricultural policy, weighted by the coefficient as referred to in Article 4 (3) of Regulation (a) the invitation to which the tender relates ; (EEC) No 1463/73 (') applicable in the Member State (b) the name and address of the tenderer ; concerned on the day on which the maximum amount of the subsidy is fixed . (c) the quantity of white sugar produced in excess of the maximum quota and to which the provisions Article 7 of Article 16(1 ) of Regulation No 1009 /67/ EEC do not apply ; Except where a decision is taken to make no award (d) the amount of subsidy sought per 100 kilo­ under a partial invitation to tender, a contract shall be grammes of white sugar, in the currency of the awarded to every tenderer whose tender does not Member State of the agency to which the tender is exceed the maximum amount of the subsidy . submitted . Article 8 3 . A tender shall not be valid unless it includes a declaration by the tenderer that if his tender is 1 . The competent agency of the Member State successful he will sell the quantity of sugar concerned concerned shall immediately notify all applicants of on the Community internal market. the result of their participation in the invitation to tender. That agency shall also send successful 4 . A tender which is not submitted in accordance tenderers without delay a statement of award . with the provisions of this Article, or which contains terms other than those indicated in the notice of invi­ 2 . Statements of award shall inter alia indicate : tation to tender, shall not be taken into consideration . (a) the invitation to which the tender relates ; 5 . Once submitted a tender may not be withdrawn . (b) the tonnage of white sugar in respect of which the subsidy has been awarded ; Article 5 (c) the subsidy to be granted per 100 kilogrammes of white sugar. 1 . Tenders shall be examined in private by the competent agency concerned . Subject as provided in Article 9 paragraph 2, persons present at the examination shall be under an obligation not to disclose any particulars The tenderer shall have : relating thereto . (a) the right to be paid the subsidy for the quantity of 2 . Tenders shall be communicated to the Commis­ sugar indicated in the tender ; sion without delay and in a manner which respects (b) the obligation to dispose on the internal market of the anonymity of the participants . the Community of the quantity of white sugar indi­ cated in the tender. The sugar so disposed of shall Article 6 not be subject to the charge referred to in Article 25(3) of Regulation No 1009 /67/ EEC and Article 1 . After examining the tenders received and having 16(1 ) of that Regulation shall apply . regard in particular to the differences between sugar prices in the Community and on the world market, (') OJ No L 146, 4 . 6 . 1973 , p. 1 .

8 . 2 . 75 Official Journal of the European Communities No L 35/7

Article 10 referred to in Article 9 (b) has been fulfilled in respect of this excess, to be paid a supplementary The subsidy in respect of the quantity stated in the subsidy in respect of the quantity concerned ; tender shall be paid without delay to the tenderer by the Member State which issued the invitation to — is less than the quantity of sugar in respect of tender, in the currency of that Member State . which the subsidy has been granted, the Member State shall recover in respect of the deficient quan­ Article 11 tities the corresponding amount of the subsidy plus daily interest at the rate of 9 % per annum . 1 . Member States concerned shall take all measures The amount per 100 kg of sugar to be paid or recov­ to ensure the necessary supervision of the implementa­ ered by the Member State concerned shall be that of tion of this Regulation . the subsidy as awarded or, where appropriate, the 2. If the quantity of sugar actually produced in weighted average of the amounts of all the subsidies excess of the maximum quota and to which the provi­ awarded to the successful tenderer concerned in the sions of Article 16(1 ) of Regulation No 1009 /67/ EEC course of the standing invitation to tender. do not apply : — exceeds the quantity of sugar in respect of which Article 12 the subsidy has been granted, the tenderer shall be entitled, provided that he lodges a claim with the This Regulation shall enter into force on 8 February 1975 . Member State concerned and that the obligation

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

Done at Brussels, 7 February 1975. For the Commission

P.J. LARDINOIS Member of the Commission