31975R0313

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

REGULATION ( EEC) No 313 / 75 OF THE COMMISSION of 7 February 1975 concerning inter alia the reopening of the standing invitation to tender in respect of the importation of sugar pursuant to Regulation (EEC) No 3062/74

THE COMMISSION OF THE EUROPEAN sions should be adopted in order to ensure that the COMMUNITIES, imported sugar is ultimately consumed in the Member State in which it is put into free circulation and to fix Having regard to the Treaty establishing the European a higher maximum selling price to be complied with Economic Community ; by successful tenders without subsequent adjustment of the subsidy by reference to any variation in the Having regard to Council Regulation No 1009/ target price ; 67/ EEC (') of 18 December 1969 on the common organization of the market in sugar, as last amended Whereas the measures provided for in this Regulation by Regulation (EEC) No 2476/74 (2 ), and in particular are in accordance with the Opinion of the Manage­ Article 1 6 (5) thereof ; ment Committee for Sugar,

Having regard to Council Regulation (EEC) No 608 /72 (3) of 23 March 1972 laying down rules to be HAS ADOPTED THIS REGULATION : applied in cases of considerable price rises on the world sugar market, and in particular Article 3 thereof ; Article 1 Having regard to Council Regulation ( EEC) No 191 /75 (4) of 21 January 1975 concerning an addi­ 1 . The standing invitation to tender opened tional quantity in respect of the subsidized importa­ pursuant to Regulation ( EEC) No 3062/74 and tion of sugar and amending Regulation ( EEC) No suspended pursuant to Regulation ( EEC) No 122/75 2931 /74, and in particular Article 4(2) thereof ; shall be reopened.

Whereas Commission Regulation (EEC) No 2 . The date ' 11 December 1974' in Article 4(1 ) (b) 3062/74 (5 ) of 3 December 1974 on a standing invita­ of Regulation ( EEC) No 3062/74 is replaced by ' 12 tion to tender to determine subsidies for imports of February 1975'. white and raw sugar, as amended by Regulation ( EEC) No 3094/74 (6), opened a standing invitation to tender which was suspended by Regulation ( EEC) No Article 2 1 22/75 ( 7) ; Article 1 of Regulation ( EEC) No 3062/74 is replaced Whereas Regulation ( EEC) No 191 /72 provides for by the following : the granting of an import subsidy on an additional quantity of 200 000 metric tons of sugar ; whereas the 'Article 1 abovementioned standing invitation to tender should therefore be reopened ; whereas the imports qualifying 1 . Germany, Italy, the Netherlands and the for a subsidy may be wholly or partly limited to United Kingdom , hereinafter called "Member deficit regions of the Community ; whereas, having States", shall open a standing invitation to tender regard to current provisional supply figures for the in respect of subsidies for the importation from Community for the 1974/75 sugar marketing year, third countries of white and raw sugar, and during subsidized importations should be limited to those the period of validity of such standing invitation regions which according to the figures are deficit to tender they shall issue partial invitations to areas ; tender . Whereas, in the light of experience , the terms of the 2 . Sugar may qualify for the subsidy only if it is invitation to tender should be amended and provi­ intended for free circulation and ultimate consumption in one of the Member States speci­ ') OJ No 308 , 18 . 12 . 1967, p. 1 . 2) OJ No L 264, 1 . 10 . 1974, p. 70 . fied in paragraph 1 and is put up for tender in that 3 ) OJ No L 7.5, 28 . 3 . 1972, p. 5 . country . 4) OJ No L 20, 25 . 1 . 1 975, p. 39 . 5) OJ No L 324, 4. 12 . 1974, p. 7 . b) OJ No L 327 , 7 . 12 . 1974, p. 28 . " Ultimate consumption" means consumption by 7) OJ No L 13 , 18 . 1 . 1975, p. 24. the processing industry or retail sale .

8 . 2 . 75 Official Journal of the European Communities No L 35/9

3 . If on the occasion of any partial invitation to The rights and obligations as specified in (a) and tender it appears from the supply figures (b) arising from the invitation to tender shall not be transferable'. concerning a Member State not mentioned in para­ graph 1 that, having regard to its production, imports and exports, its supply cannot be consid­ ered ensured , that Member State shall be added to Article 9 paragraph 1 ; conversely, any Member State in the reverse - situation shall be deleted'. Second and third subparagraphs as follows are added to Article 12(1 ) of Regulation (EEC) No 3062/74 :

Article 3 'With respect to the partial invitations to tender to be issued after 8 February 1975 the figure : Article 4 (3) of Regulation (EEC) No 3062/74 is replaced by the following : — "32-40" in (a) above is replaced by "35-81 ";

'3. By way of derogation from paragraph 2(b) — "27-82" in (c) above is replaced by "30-96", and the time limits for the submission of tenders "32-40" by "35-81 "; which would normally expire on Wednesday 19 — "32-40" in (d) above is replaced by "35-81 ". March and on Wednesday 30 April 1975 shall expire at 10 a.m. on Tuesday 18 March and Furthermore, in the cases referred to in (a) and (c) Tuesday 29 April 1975 respectively'. the successful tenderer shall include in his contract of sale a clause stipulating that the Article 4 imported sugar be ultimately consumed in the Member State in which it is put into free circula­ Article 5 (2) (e) of Regulation (EEC) No 3062/74 is tion '. replaced by the following :

'(e) The Member State in whose territory the Article 10 imported sugar is to be put into free circula­ tion and ultimately consumed'. A third subparagraph as follows is added to Article 12(3) of Regulation (EEC) No 3062/74 : Article 5 ' However, the provisions of the preceding subpara­ graphs shall not apply to the partial invitations to Article 5 (4) of Regulation (EEC) No 3062/74 is tender to be issued after 8 February 1975'. replaced by the following :

'4. A tender may stipulate that it is to be Article 11 regarded as having been submitted only if the contract awarded relates to the entire quantity indi­ cated in the tender or to a specified part thereof. Article 13(2) of Regulation (EEC) No 3063/74 is replaced by the following :

Article 6 ' 2 . A successful tenderer shall not become finally entitled to the subsidy referred to in para­ Article 10(2)(d) of Regulation (EEC) No 3062/74 is graph 1 until he has fulfilled the relevant obliga­ replaced by the following : tions and has paid any amount to be deducted from the subsidy by virtue of Article 16(1 )'. '(d) The Member State in whose territory the sugar to be imported is to be put into free circula­ tion and ultimately consumed'. Article 12

Article 7 A paragraph 3 as follows is added to Article 16 of Regulation (EEC) No 3062/74 : In the second indent of Article 11 ( l)(b) of Regulation '3 . However, the provisions of paragraph 2 shall (EEC) No 3062/74 the words 'in the Community' are not apply to the partial invitations to tender to be replaced by the words 'in the Member State in which issued after 8 February 1975'. the sugar is put into free circulation'.

Article8¶

The second subparagraph of Article 11 ( 1 ) of Regula­ This Regulation shall enter into force on 8 February tion (EEC) No 3062/74 is replaced by the following : 1 975 .

No L 35/ 10 8 . 2 . 75 Official Journal of the European Communities

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