31975R0314

8 . 2 . 75 No L 35/ 11 Official Journal of the European Communities

REGULATION (EEC) No 314/75 OF THE COMMISSION of 7 February 1975 on a standing invitation to tender to determine subsidies on the importation of white and raw sugar without authorization to export subsequently free of levy a corresponding quantity

THE COMMISSION OF THE EUROPEAN subsequently free of levy a quantity equivalent to that COMMUNITIES, imported ; whereas in the light of experience it appears desirable to conduct such an invitation to tender concurrently with that provided for in Commis­ Having regard to the Treaty establishing the European sion Regulation (EEC) No 3062/74 (8) on a standing Economic Community ; invitation to tender to determine subsidies for imports of white and raw sugar, as last amended by Regulation Having regard to Council Regulation No 1009/ (EEC) No 3 1 3/75 (9) ; whereas, moreover, Article 4 of 67/EEC (*) of 18 December 1967 on the common Regulation ( EEC) No 191 /75 provides that imports organization of the market in sugar, as last amended qualifying for a subsidy may be wholly or partly by Regulation (EEC) No 2476/74 (2), and in particular limited to the deficit regions of the Community ; Articles 1 1 (2), 1 6 (5) and 38 thereof ; whereas it is therefore necessary, having regard to the provisional figures for the supply of sugar in the Community and its various regions, to limit imports Having regard to Council Regulation (EEC) No under the standing invitation to tender to the deficit 608 /72 (3) of 23 March 1972 laying down rules to be regions of the Community ; applied in cases of considerable price rises on the world sugar market, and in particular Article 3 Whereas certain measures should be provided to thereof ; ensure that the invitation to tender will operate as effectively as possible, and to derogate from or amend Having regard to Council Regulation (EEC) No Commission Regulation (EEC) No 2637/70 ( 10) of 23 191 /75 (4) of 21 January 1975 concerning an addi­ December 1970 on special detailed rules for the appli­ tional quantity in respect of the subsidized ' importa­ cation of the system of import and export licences tion of sugar and amending Regulation ( EEC) No and advance fixing certificates for agricultural 2931 /74, and in particular Article 4(2) thereof ; products, as last amended by Regulation (EEC) No 38 / 75 ( u ) ; Having regard to Council Regulation (EEC) No 974/71 (5) of 12 May 1971 on certain measures of Whereas the Opinion of the Monetary Committee has conjunctural policy to be taken in agriculture been sought ; following the temporary widening of the margins of fluctuation for the currencies of certain Member Whereas the measures provided for in this Regulation States, as last amended by Regulation ( EEC) No are in accordance with the Opinion of the Manage­ 3259/74 (6), and in particular Article 6 thereof ; ment Committee for Sugar,

Whereas Council Regulation (EEC) No 2931 /74 (7) of 18 November 1974 on the introduction of a subsidy on imports of white and raw sugar, as amended by HAS ADOPTED THIS REGULATION : Regulation (EEC) No 191 /75, makes provision for the grant of a subsidy on sugar imports and prescribes the procedure for such imports ; whereas that procedure Article 1 consists in an invitation to tender ;

1 . Germany, Italy, the Netherlands and the United Whereas Regulation (EEC) No 2931 /74 provides that Kingdom shall open a standing invitation to tender in tenders may be invited in respect of the import respect of a subsidy on the importation from third subsidy without any automatic entitlement to export countries of white and raw sugar, and during the period of validity of such standing invitation to tender (') OJ No 308 , 18 . 12. 1967, p. 1 . they shall issue partial invitations to tender. (2) OJ No L 264, 1 . 10 . 1974, p. . 70 . (3) OJ No L 75, 28 . 3 . 1972, p. 5 . (4) OJ No L 20, 2.5 . 1 . 1975, p. 39 . (8) OJ No L 324, 4. 12. 1974, p. 7. (5) OJ No L 106, 12. 5 . 1971 , p. 1 . (9) See page 8 of this Official Journal . (b) OJ No L 349 , 28 . 12. 1974, p. 10 . ( ,0) OJ No L 283 , 29 . 12. 1970, p. 15 . ( 7) OJ No L 311 , 22. 11 . 1974, p. 8 . 11 OJ No L 5, 9 . 1 . 1975, p. 8 ,

No L 35/ 12 Official Journal of the European Communities 8 . 2 . 75

2. An import subsidy may be granted only in 3 . Notwithstanding paragraph 2 (b), the time limits respect of sugar intended for free circulation and ulti­ for the submission of tenders which would normally mate consumption in one of the Member States expire on Wednesday 19 March and Wednesday 30 referred to in Article 1 and put up for tender in that April 1975 shall expire at 10 a.m . on Tuesday 18 State . March and Tuesday 29 April 1975 respectively. 'Ultimate consumption' means utilization by the processing industry or retail sale. 4. During the period of Summer Time in Italy, the time limits laid down in the preceding paragraphs 3 . If on the occasion of any partial invitation to shall be extended by one hour in that Member State . tender it appears from the supply figures concerning a Outside the periods of Summer Time in Ireland and Member State not mentioned in paragraph 1 that, in the United Kingdom, the time limits laid down in having regard to its production , imports and exports, the preceding paragraphs shall be brought forward by its supply cannot be considered ensured, that Member one hour in those Member States . State shall be added to paragraph 1 ; conversely, any Member State in the reverse situation shall be deleted . Article 5 Article 2 1 . Tenders, which must be in writing, shall either be delivered by hand against a receipt to the compe­ The standing invitation to tender and the partial invi­ tations to tender shall be conducted in accordance tent agency of the Member State in which the imported sugar is to be put into free circulation, or with the provisions of Regulations (EEC) No 2931 /74 addressed to that agency by registered letter, telex or and (EEC) No 191 /75 and with the following provi­ sions . telegram .

2 . Every tender must indicate : Article 3 (a) the invitation to which the tender relates ; 1 . The Member States concerned shall draw up a (b) the name and address of the tenderer ; notice of the standing invitation to tender. .This notice shall be published in the Official Journal of the Euro­ (c) the quantity of white or raw sugar as the case may pean Communities. The Member States concerned be to be imported. In the case of raw sugar, the may also publish the notice of the invitation to quantity to be imported must also be expressed in tender, or have it published, elsewhere. white value by reference to a yield calculated by 2 . The notice of the invitation to tender shall indi­ doubling the degree of polarization of the raw sugar and subtracting 1 00 ; cate in particular the terms of the invitation . (d) the amount of import subsidy proposed per 100 3 . The notice of standing invitation to tender shall kilogrammes of sugar expressed in white value, in be published only for the purpose of opening that invi­ the currency of the Member State of the agency to tation . The notice as published may be amended which the tender is submitted ; during the period of validity of the standing invitation to tender. It shall be so amended if the terms of the (e) the Member State in whose territory the imported invitation to tender are amended during that period. sugar is to be put into free circulation and ulti­ mately consumed . Article 4 3 . A tender shall be valid only if : 1 . The period for the submission of tenders in (a) the total quantity of sugar to be imported is not response to the first partial invitation : less than 500 metric tons ; (a) shall begin on the day on which the notice of the (b) proof is furnished before expiry of the time limit standing invitation to tender is published in the for the submission of tenders that the tenderer has Official Journal of the European Communities, and lodged the security for tender required by Article 6 ; (b) shall expire on 12 February 1975 at 10 a.m . (c) it includes a declaration by the tenderer that if his 2. The period during which tenders may be tender is successful he will apply for an import submitted in response to the second and to the licence in respect of the quantity of product to be subsequent partial invitations : imported .

(a) shall begin on the first working day following the 4. A tender may stipulate that it is to be regarded day on which the preceding period expires, and as having been submitted only if the contract awarded (b) shall expire on the Wednesday of the following relates to the entire quantity indicated in the tender or week at 10 a.m . to a specified part thereof.

8 . 2 . 75 Official Journal of the European Communities No L 35/ 13

5 . A tender which is not submitted in accordance Article 8 with the provisions in this Article, or which contains terms other than those indicated in the notice of invi­ 1 . After examining the tenders received and having tation to tender, shall not be taken into consideration . regard in particular to the Community's position in respect of sugar supplies and to the levels of sugar 6. Once submitted a tender may not be withdrawn . prices in the Community and on the world market, the Commission shall fix, in accordance with the Article 6 procedure laid down in Article 40 of Regulation No 1009/67/ EEC, a maximum subsidy for the partial invi­ 1 . The security required for the invitation to tender tation to tender in question . It may alternatively decide to make no award . shall be 25 units of account per 100 kilogrammes of white sugar or of raw sugar expressed in white value. 2 . After examination of the tenders a maximum 2. The amount to be used in calculating that part quantity for the partial invitation to tender may be of the security which is to be forfeit shall be three fixed in accordance with the procedure laid down in units of account plus, where the maximum amount of paragraph 1 . the subsidy fixed in connection with the partial invita­ 3 . In order to achieve comparability between tion for which the tender was accepted is less than the maximum amount of the subsidy fixed for the last tenders, and for the purpose of the award of contracts partial invitation prior to the date on which the by Member States, the amount proposed for the subsidy expressed in a national currency shall be validity of the licence expires, the difference between those two maximum amounts . converted into units of account by applying the rele­ vant conversion rate currently applicable for purposes 3. The tenderer may lodge the security either in of the common agricultural policy, weighted by the cash or in the form of a guarantee by an establish­ coefficient as referred to in Article 4 (3) of Regulation ment complying with criteria laid down by the (EEC) No 1463/73 (3) as last amended by Regulation Member State in which the tender is submitted . ( EEC) No 2521 /74 (4) applicable in the Member State in which the sugar is to be put into free circulation on 4. Except in cases of force majeure, the security the day on which the maximum amount of the required for the invitation to tender shall be released subsidy is fixed. only in respect of that quantity : In addition , prior to such conversion the amount of (a) for which the tenderer : the subsidy indicated in the tender shall be adjusted. — has not withdrawn his tender, and To calculate the adjustment required, the maximum selling price referred in Article 12(1 ) (a), minus the — has completed customs import formalities intervention price, shall be converted into the national under the import licence issued following the currency : award of a contract, the provisions of Article 16 of Regulation (EEC) No 1373/70 (') as last (a) using the conversion rate currently applicable for amended by Regulation (EEC) No 211 1 /74 (2) purposes of the common agricultural policy in to apply mutatis mutandis ; respect of the currency of the Member State concerned , and (b) in respect of which no award has been made. (b) using the rate referred to in (a) weighted by the The security shall be released without delay. coefficient as referred to vin Article 4 (3) of Regula­ tion (EEC) No 1463/73 applicable on the day on 5. In case of force majeure, the competent authority of the Member State concerned shall which the maximum amount of the subsidy is fixed . determine the measures necessary in view of the circumstances invoked by the party concerned. The amount of the adjustment shall be equal to the difference between the result obtained by method (a) Article 7 and that obtained by method (b).

1 . Tenders shall be examined in private by the Article 9 competent agency concerned. Subject as provided in paragraph 2, persons present at the examination shall 1 . Except where a decision is taken to make no be under an obligation not to disclose any particulars award under a partial invitation to tender, and without relating thereto. prejudice to the provisions of paragraphs 2 and 3 , a 2 . Tenders shall be communicated to the Commis­ contract shall be awarded to every tenderer whose sion without delay and in a manner which respects tender does not exceed the maximum amount of the the anonymity of the participants. subsidy .

(') OJ No L 158 , 20 . 7 . 1970, p. 1 . (3 ) OJ No L 146, 4. 6. 1973, p. 1 . (2) OJ No L 220 , 10 . 8 . 1974, p. 5 . (4) OJ No L 270, 5 . 10 . 1974, p. 70 .

No L 35 / 14 8 . 2 . 75 Official Journal of the European Communities

2 . Where a maximum tonnage has been fixed for a 2. The licence referred to in paragraph 1 (a) shall partial invitation to tender, a contract shall be awarded be issued by the competent agency of the Member to the tenderer whose tender quotes the lowest State in which the statement of award was issued . subsidy . If the maximum tonnage is not fully covered Applications for licences must be submitted within 10 by that award , awards shall be made to other tenderers days following the day on which the time limit for the in ascending order of tender until the entire submission of tenders expires . maximum tonnage has been accounted for . 3 . By way of derogation from Article 32 ( 1 ) of Regu­ 3 . However , where an award to a particular tenderer lation ( EEC) No 2637/ 70 , import licences issued in under the provisions of paragraph 2 would result in connection with the present invitation to tender shall the maximum tonnage being exceeded , that award be valid from the date of issue within the meaning of shall be limited to such tonnage as Is still available . Article 8 ( 1 ) of Regulation (EEC) No 1373/70 until the Where two or more tenderers quote the same subsidy end of the second month following that date . and awards to ail of them would result in the \ maximum tonnage being exceeded , the tonnage avail­ 4 . At the request of the tenderer a licence issued in able shall be divided among them in proportion to respect of white sugar under paragraph 1 (a) may be the quantities tendered for . replaced before the . completion of customs import formalities by a licence in respect of raw sugar, and vice versa . Such new licence may be issued only by Article 10 the agency which issued the original licence and only upon presentation of the statement of award provided for in Article 10 . The new licence shall contain the 1 . The competent agency of the Member State concerned shall immediately notify all applicants of same information as that shown in the original the result of their participation in the invitation to licence except in respect of the nature and quantity of tender. That agency shall also send successful the product to be imported . tenderers without delay a statement of award . Where the new licence relates to : 2 . Statements of award shall inter alia indicate : — white sugar, the quantity to be indicated in the (a) the invitation to which the tender relates ; licence shall be the quantity of raw sugar expressed in white value as indicated in the state­ (b) the tonnage in respect of which the subsidy has ment of award , been awarded , expressed in white value , and in the case of raw sugar expressed also in tel quel value ; — raw sugar, the quantity to be indicated in the licence shall be expressed in white value and shall (c) the subsidy to be granted per 100 kilogrammes of be equal to the quantity of white sugar as indi­ sugar, expressed in white value ; cated in the original licence . (d ) the Member State in whose territory the imported sugar is to be put into free circulation and ulti­ rnatelv consumed . Article 12

1 . The obligations referred to in the second indent Article 11 of Article 11 ( 1 ) (b) shall be the following :

1 . Every successful tenderer shall have : (a ) where a successful tenderer sells the imported white sugar, the price in the contract of sale shall (a) the right to the issue , in respect of the quantity of not exceed 35-81 units of account per 100 kilo­ product to be imported , of an import licence indi­ grammes of product, exclusive of packaging, deliv­ cating the subsidy specified in the tender ; ered cif in the Member State in which the sugar is to be put into free circulation ; (b) the duty : ( b) where the successful tenderer is himself to process — to import that quantity into the Member State tiie imported white sugar, he may give an under­ in which it is to be put into free circulation as indicated in the statement of award , taking that such sugar will be processed in his own works . Failing such undertaking, subpara­ — when the sugar is sold for consumption in the graph ( a ) shall apply ; Member State in which it is to be put into free circulation , to comply with the obligations (c ) where the successful tenderer sells imported raw specified in Article 12 . sugar to a refinery or to a sugar producer for refining, the price in the contract of sale shall not The rights and obligations arising from the invitation exceed 30-96 units of account per 100 kilo­ to tender shall not be transferable . grammes of standard quality raw sugar, exclusive

8 . 2 . 75 Official Journal of the European Communities No L 35 / 15

of packaging, delivered cif in the Member State in (b) of the contract or of the undertaking referred to in which the refined sugar is to be put into free circu­ Article 12 . lation . The contract shall also contain a clause whereby the refiner or the producer who For the purposes of payment of the subsidy in respect purchases the sugar for refining undertakes to sell of raw sugar the imported quantity of such sugar shall the refined sugar at a price not exceeding 35-81 be expressed in white value by reference to the effec­ units of account per 100 kilogrammes of product, tive yield . exclusive of packaging, ex-refinery or ex-factory, 2 . A successful tenderer shall not become finally no account being taken of any transport costs between the frontier of the Member State in which entitled to the subsidy until he has fulfilled the rele­ vant obligations. the sugar is to be put into free circulation and the place of refining ; Artidc 14 (d) where the successful tenderer is a refiner or a producer refining the imported sugar he shall give By way of derogation from Article 33 ( 1 ) (a) of Regula­ an undertaking to sell the refined sugar at a price tion (EEC) No 2637/70 , the security required for not exceeding 35-81 units of account per 100 kilo­ purposes of the import licence shall be zero units of grammes of product, exclusive of packaging, ex­ account per 100 kilogrammes net . refinery or ex-factory, no account being taken of any transport costs between the frontier of the Member State in which the sugar is to be put into A rticle 1 5 free circulation and the place of refining. An Article 30b as follows is inserted in Regulation ( EEC) No 2637/ 70 : In addition , in the cases referred to in (a ) and (c) above , the tenderer shall include in his contract of Article 30b sale a clause stipulating that the imported sugar must be ultimately consumed in the Member State in For the purposes of Article 11 ( 1 ) (a) of Regulation which it is put into free circulation . ( EEC) No 314/75, Section 20 of the import licence shall specify, by means of one of the following endorsements, the rate of import subsidy, 2 . In addition , in the cases referred to in paragraph expressed in the currency of the Member State 1 (c) and (d), where a refiner or producer intends to issuing the licence : sell the refined sugar at a price whiçh is to vary according to the origin and price of the imported raw "subvention a 1 importation applicable ... par 100 sugar concerned he shall give an undertaking that kg" when calculating such selling price he will not exceed " Einfuhrsubvention ... je 100 kg the maximum price referred to in paragraph 1 (d) in respect of that part of the refined white sugar corres­ " import subsidy applicable : ... per 100 kg" ponding to the raw sugar imported under the invita­ tion to tender . "sovvenzione all importazione applicabile . . . per 100 kg"

" invoersubsidie ... per 100 kg ,

Article13¶

Article 16 1 . The subsidy in respect of the quantity put into free circulation shall be paid without delay to the Member States concerned shall take all measures to tenderer by the Member State which issued the invita­ ensure the necessary supervision of the implementa­ tion to tender, in the currency of that Member State , tion of this Regulation and the recovery of all or part upon production : of the subsidy if the obligations entered into by tenderers are not complied with . The sums to be so (a) of proof that the obligation specified in the first recovered shall be determined by reference to the indent of Article 11 ( 1 ) ( b) has been complied amount by which the maximum prices specified in with . Such proof shall be furnished by production Article 12 are exceeded . of copy No 1 of the import licence and of copy No 1 of any extract or extracts from licences bearing attributions in accordance with Article 8 Article 17 of Regulation ( EEC) No 1373 / 70 entered by the Member State in which the product is to be put This Regulation shall enter into force on 8 February into free circulation as indicated in the tender ; 1 975 .

No L 35/ 16 Official Journal of the European Communities 8 . 2 . 75

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