31975R0363

No L 40 /46 Official Journal of the European Communities 14 . 2 . 75

REGULATION ( EEC) No 363/ 75 OF THE COMMISSION of 13 February 1975 amending Regulations ( EEC) No 3062/74 and (EEC) No 314/75 concerning certain standing invitations to tender for the importation of sugar

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES,

Article 1 Having regard to the Treaty establishing the European Economic Community ; The following is added at the beginning of Article 5 (3) (b) of Regulations (EEC) No 3062/74 and ( EEC) No 314/ 75 : Having regard to Council Regulation No 1009/ 67/ EEC ( 1 ) of 18 December 1967 on the common ' . . . subject as provided in the third subparagraph organization of the market in sugar, as last amended of paragraph 4 thereof.' by Regulation (EEC) No 2476/74 (2), and in particular Articles 1 1 (2), 1 6 (5) and 38 thereof ;

Article 2 Having regard to Council Regulation (EEC) No 608 /72 (3) of 23 March 1972 laying down rules to be Article 7 (2) of Regulations (EEC) No 3062/74 and applied in cases of considerable price rises on the (EEC) No 314/75 is amended to read as follows : world sugar market, and in particular Article 3 thereof ; '2. Tenders, and any cancellations of tenders in the case of dual tenders, shall be notified to the Commission without delay and in a manner which Whereas Commission Regulation (EEC) No respects the anonymity of the tenderers.' 3062/74 (4 ) of 3 December 1974 on a standing invita­ tion to tender to determine subsidies for imports of white and raw sugar, as last amended by Regulation Article 3 (EEC) No 313/75 (5 ), opened a standing invitation to tender ; whereas at the same time Commission Regula­ Article 5 (4) of Regulations (EEC) No 3062/74 and tion (EEC) No 314/75 (6) on a standing invitation to (EEC) No 314/75 is amended to read as follows : tender to determine subsidies on the importation of white and raw sugar without authorization to export '4. A tender may stipulate that it is to be subsequently free of levy a corresponding quantity regarded as having been submitted only if : opened a second standing invitation to tender ;

(a) the maximum amount of the subsidy provided for in Article 8 ( 1 ) is fixed on the day on which Whereas, to secure as many tenders as possible under the time limit for the submission of tenders the two tendering arrangements it is appropriate to expires ; allow, under certain conditions, a single applicant to tender on the same date under both arrangements in (b) the contract awarded relates to the entire quan­ respect of the same quantity of sugar ; whereas, for tity indicated in the tender or to a specified this purpose in particular, it is necessary to amend part thereof. certain of the provisions now in force ; Moreover, a tenderer may submit tenders in respect of one and the same quantity of sugar in Whereas the measures provided for in this Regulation response to a partial invitation to tender are in accordance with the Opinion of the Manage­ conducted under Regulation ( EEC) No 3062/74 ment Committee for Sugar, and in response to a partial invitation to tender of the same date conducted under Regulation (EEC) (>) OJ No 308 , 18 . 12 . 1967, p. 1 . No 314/ 75 . The two tenders concerned shall be (2 ) OJ No L 264, 1 . 10 . 1974, p. 70 . submitted to the competent agency of a single (3 ) OJ No L 75 , 28 . 3 . 1972, p. 5 . Member State and shall be marked " Dual tender". (4) OJ No L 324, 4. 12 . 1974, p. 7 . (5 ) OJ No L 35, 8 . 2. 1975, p. 8 . In respect of tenders marked " Dual tender" the tenderer shall have : (o) OJ No L 35 , 8 . 2 . 1975, p. 1 1 .

14 . 2 . 75 Official Journal of the European Communities No L 40 /47

— the right to lodge in respect of the quantity of 'Subvention à 1 importation applicable ... par 100 kg sugar concerned one only of the securities for (règlement (CEE) n° 314/75)'; tender required in respect of the two partial ' Einfuhrsubvention ... je 100 kg (Verordnung ( EWG) invitations to tender, and , Nr. 314/75)' ; — the obligation , if both his tenders are ' Import subsidy applicable : . . . per 100 kg (Regulation successful, to cancel one of them by notifying (EEC) No 314/75)'; in writing the competent agency in the 'Sovvenzione all importazione applicabile ... / 100 kg Member States concerned within two working (regolamento (CEE) n . 314/75) ; days following the expiry of the time limit for ' Invoersubsidie ... 100 kg (Verordening ( EEG) nr. the submission of tenders .' 314/75) ; 'Tilskud til indførsel ... pr. 100 kg (forordning ( EØF) nr. 314/75)'. Article 4

The texts of the endorsements as specified in Article Article 5 30 of Regulation (EEC) No 2637/70 (') to be entered for purposes of Regulation (EEC) No 314/75 in certain import licences are amended to read , as This Regulation shall enter into force on 14 February follows : 1 975 .

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

Done at Brussels, 13 February 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission

(') OJ No L 283 , 29, 12. 1970, p. 15 .