31975R0630

13 . 3 . 75 No L 66/ 5 Official Journal of the European Communities

REGULATION ( EEC) No 630 / 75 OF THE COMMISSION

of 12 March 1975

on a standing invitation to tender to determine subsidies on white sugar produced in excess of the maximum quota and in respect of which no export levy is to apply, with the option of delivery to Italy

THE COMMISSION OF THE EUROPEAN virtue of Commission Regulation (EEC) No 558/75 (8) COMMUNITIES, of 4 March 1975 on a standing invitation to tender for the purposes of delivery to Italy of white sugar and the subsidized importation of corresponding quanti­ Having regard to the Treaty establishing the European ties of white and raw sugar ; Economic Community ; Whereas, in order to limit the cost of such operations, provisions should be laid down whereby a successful Having regard to Council Regulation No 1009 / tenderer entitled to a subsidy may export free of levy a 67/EEC (') of 18 December 1967 on the common quantity of sugar from the subsequent crop ; organization of the market in sugar, .as last amended Whereas it is desirable to provide for certain measures by Regulation (EEC) No 2476/74 (2), and in particular to ensure that the tendering procedure functions as Articles 1 1 (2), 25 (3) and 38 thereof ; efficiently as possible and to derogate from or adapt Commission Regulation (EEC) No 2637/70 (9) of 23 December 1970 on special detailed rules for the appli­ Having regard to Council Regulation (EEC) No cation of the system of import and export licences 2932/74 (3) of 1 8 November 1 974 on the grant and and advance fixing certificates for agricultural financing of a subsidy on sugar produced in excess of products, as last amended by Regulation (EEC) No the maximum quota and on the financing of the 491 /75 ( 10); subsidy on sugar imports, and in particular Article 1 (2) thereof ; Whereas the standing invitation to tender provided for in Regulation (EEC) No 312/75 should accordingly be closed ; Having regard to Council Regulation ( EEC) No 974/71 (4 ) 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 Management Committee for Sugar has States, as last amended by Regulation (EEC) No not delivered an opinion within the time limit set by 475/75 (5), and in particular Article 6 thereof ; its Chairman ,

Whereas Commission Regulation (EEC) No 31 2/75 (6) HAS ADOPTED THIS REGULATION : 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 Article I no export levy is to apply opened a standing invita­ The Member States in which sugar has been produced tion to tender which was last suspended by Regulation in excess of the maximum quota shall issue a standing (EEC) No 557/75 ( 7) ; whereas, in the light of experi­ invitation to tender to remain open until 23 April ence* and with a view to ensuring more effectively the 1975, and during its period of validity partial invita­ supply of the deficit areas, the terms of this invitation tions to tender, in respect of a subsidy for such white should be revised and incorporated in a new Regula­ tion, and should include in particular a provision sugar produced during the 1974/75 sugar marketing whereby a tenderer* may undertake to deliver the sugar year to which the provisions of Article 16 ( 1 ) of Regu­ lation No 1009/67/ EEC do not apply. in question to Italy ; whereas it should be provided that in such cases the subsidy shall correspond to the maximum amount fixed on the day in question by Article 2

(') OJ No 308 , 18 . 12. 1967, p. 1 . 1 . The Member States concerned shall draw up a I1) OJ No L 264, 1 . 10. 1974, p. 70. notice of standing invitation to tender. This notice (3 ) OJ No L 31 1 , 22 . 11 . 1974, p . -10 . (4 ) OJ No L 106, 12 . 5 . 1971 , p. 1 . (5 ) OJ No L 52, 28 . 2 . 1975, p . 28 . (8) OJ No L 59, 5 . 3 . 1975, p. 16 . (") OJ No L 35, 8 . 2. 1975, p. 5 . O OJ No L 283 , 29 . 12 . 1970, p . 15 . ( 7) OJ No L 59 , 5 . 3 . 1975, p . 8 . ( I0 ) OJ No L 53 , 28 . 2 . 1975, p . 33 .

No L 66/ 6 Official Journal of the European Communities 13 . 3 . 75

shall be published in the Official Journal of the Euro - In the case provided for in the second indent of para­ pean Communities. The Member States concerned graph 2 (d) such declaration must include an under­ may also publish the notice of invitation to tender, or taking by the tenderer that if his tender is successful have it published, elsewhere . he will deliver the tonnage of sugar in question to Italy in accordance with the conditions laid down in 2 . The notice of invitation to tender shall indicate Article 1 0 ; in particular the terms of the invitation . 4. In the case provided for in the second indent of 3 . The notice of standing invitation to tender shall paragraph 2 (d) a tender may stipulate that it is to be be published only for the purpose of opening that invi­ regarded as having been submitted only if the subsidy tation . The notice as published may be amended referred to in the second subparagraph of Article 6 ( 1 ) during the period of validity of the standing invitation exceeds a specified amount. to tender. It shall be so amended if the terms of the 5 . A tender which is not submitted in accordance invitation to tender are amended during that period . with the provisions of this Article, or which contains terms other than those indicated in the notice of invi­ Article 3 tation to tender, shall not be taken into consideration .

6 . Once submitted a tender may not be withdrawn . 1 . The period for the submission of tenders in response to the first partial invitation : Article 5 (a) shall begin on the day on which " the notice of standing invitation to tender is published in the 1 . Tenders shall be examined in private by the Official Journal of the European Communities, competent agency concerned . Subject as provided in and paragraph 2, persons present at the examination shall be under an obligation not to disclose any particulars (b) shall expire on 18 March 1975 at 10 a.m . . relating thereto .

2. Without prejudice to Article 1 , the period for the 2 . Tenders shall be communicated to the Commis­ submission of tenders in response to the second and sion without delay and in a manner such that the subsequent partial invitations to tender : names of the tenderers are not disclosed .

(a) shall begin on the first working day following the Article 6 day on which the preceding period expires, and

(b) shall expire on the Wednesday of the following 1 . After examining the tenders received and having week at 10 a.m . regard in particular to the differences between sugar prices in the Community and on the world market, the Commission shall fix, in accordance with the Article 4 procedure laid down in Article 40 of Regulation No 1 009/ 67/ EEC, a maximum subsidy for the partial invi­ 1 . Tenders , which must be in writing, shall either tation to tender in question . be delivered by hand against a receipt to the compe­ tent agency of the Member State in which the sugar Where the tenderer submits a tender in respect of a referred to in Article 1 has been produced, or tonnage of white sugar to be delivered to Italy the addressed to that agency by registered letter, telex or subsidy to be granted shall be equal to the maximum telegram . amount fixed on the day in question pursuant to the standing invitation to tender provided for in Regula­ 2 . Every tender must indicate : tion ( EEC) No 558 /75 . (a) the invitation to which the tender relates ; It may alternatively be decided to make no award . (b) the name and address of the tenderer ; 2 . In order to achieve comparability between (c) a tonnage of white sugar produced in excess of the tenders, and for the purpose of the award of contracts maximum quota and to which the provisions of by Member States, the amount proposed for the Article 16 ( 1 ) of Regulation No _ 1 009/67/ EEC do subsidy as expressed in a national currency shall be not apply ; converted into units of account by applying the rele­ (d) — either the amount of subsidy per 100 kilo­ vant conversion rate currently applicable for purposes grammes of white sugar, in the currency of the of the common agricultural policy, weighted by the Member State of the agency to which the coefficient as referred to in Article 4 (3 ) of Regulation tender is submitted , ( EEC) No 1 463 /73 ( 1 ), as last amended by Regulation — or that the sugar is intended for sale in Italy. ( EEC) No 538 /75 (2), applicable in the Member State concerned on the day on which the maximum 3 . A tender shall not be valid unless it includes a amount of the subsidy is fixed . declaration by the tenderer that if his tender is successful he will sell the tonnage of sugar concerned ( ' ) OJ No L 146, 4. 6 . 1973 , p . 1 . on the Community internal market . (-') OJ No L 57, 3 . 3 . 1975, p . 1 .

13 . 3 . 75 Official Journal of the European Communities No L 66/ 7

Article 7 or

Except where a decision is taken to make no award — where the white sugar is intended for Italy, to under a partial invitation to tender, a contract shall be comply with the conditions set out in Article awarded to every tenderer whose tender : 10 .

(a) in the case provided for in the first indent of In both cases the sugar thus sold shall not be Article 4 (2) (d), does not exceed the maximum subject to the charge referred to in Article 25 (3) of amount of the subsidy fixed pursuant to Article 6, Regulation No 1009/ 67/ EEC and Article 16 ( 1 ) of or that Regulation shall apply. (b) indicated that the sugar is intended for sale in Italy . Article 10

A rticle 8 The conditions referred to in the second indent of 1,. The competent agency of the Member State Article 9 (b) are as follows : concerned shall immediately notify all applicants of (a) a successful tenderer must deliver the white sugar the result of their participation in the invitation to at a selling price not exceeding 35-56 units of tender. That agency shall also send forthwith to account per 100 kilogrammes, exclusive of pack­ successful tenderers a statement of award . aging, free-at-Italian frontier or cif Italian ports ; 2 . Statements of award shall inter dlic'l indicate : (b) a successful tenderer must include in the contract of sale a clause stipulating that the sugar must be (a) the invitation to which the tender relates ; retailed , in the unaltered state , in Italy. (b) the tonnage of white sugar in respect of which the subsidy has been awarded ;• (c) the subsidy to be granted per 100 kilogrammes of Article 11 white sugar ; (d) where appropriate , that the sugar must be deliv­ The subsidy in respect of the tonnage stated in the ered to Italy . tender shall be paid forthwith to every successful tenderer by the Member State which issued the invita­ tion to tender, in the currency of that Member State . /1 rticle 9

However, the payment of the subsidy shall in case of Every successful tenderer shall have : sugar delivered to Italy be subject to production of : (a ) the right : (a) the control copy referred to in Article 1 of Regula­ — to be paid the subsidy for the quantity of sugar tion (EEC) No 2315/69 (: ), such control copy to indicated in the tender ; contain the . following special entries : — to be issued , by the competent agency of the — Sections 101 and 103 must be completed ; Member State in which the sugar referred to in Article 1 has been produced , with an export — Section 104 must be completed by deleting as licence in respect of a tonnage of sugar corres­ appropriate and adding one of the following ponding to that indicated in the statement of endorsements : award and for which the subsidy has been paid ' intended for home use in Italy' ; in accordance with Article 1 1 . Applications for ' destine a. la mise a la consommation en such licences must be lodged between 15 October 1975 and 31 March 1976 and their Italie' ; ' zum Verbrauch in Italien bestimmt ; period of validity shall be six months from ' destinato ad essere immesso al consumo in their day of issue as defined in Article 9 ( 1 ) of Italia ' ; Regulation ( EEC) No 193 / 75 ('); 'bestemd voor het verbruik in Italië ; — to export from the Member State referred to in 'bestemt til forbrug i Italien ; the second indent, without the provisions laid down in Article 16 ( 1 ) of Regulation No 1009 / (b) the contract as referred to in Article 10 . 67/ EEC being applied , the tonnage of sugar referred to in that indent ; Article 12 (b) the obligation :

— to sell on the internal market of the Commu­ The monetary compensatory amounts in respect of nity the tonnage of white sugar indicated in exportation to third countries shall not be applicable the tender ; for purposes of this tendering system .

(•') OJ No L 25 , 31 . I. 1975 , p. 10 . (-') OJ No L 295, 24. 11 . 1969 , p. 14 .

No L 66 /8 13 . 3 . 75 Official Journal of the European Communities

Art iclt 13 ' for export without levies (Regulation ( EEC) No 630/ 75)' ; If the tonnage of sugar actually produced in excess of 'à exporter sans prelevement (Règlement (CEE) n° the maximum quota and to which the provisions of 630/75)' ; Article 16 ( 1 ) of Regulation No 1009 / 67/ EEC do not apply : 'ohne Abschöpfungen auszuführen (Verordnung ( EWG) Nr. 630/75)' ; — exceeds the tonnage of sugar in respect of which 'da esportare senza prelievi (regolamento (CEE) n . the subsidy has been granted , the tenderer shall be 630/75)' ; entitled to be paid a supplementary subsidy in respect of the difference between the estimated 'uit te voeren zonder heffingen (Verordening and actual amount of sugar produced by him to (EEG) nr. 630/75)' ; which Article 16 ( 1 ) of Regulation No 1009 / ' udføres uden afgifter (forordning ( EØF) tir. 67/ EEC does not apply, provided that he lodges a 630/75)'. claim with the Member State concerned and that the obligation set out in the first indent of Article A rticle . 1 5 9 (b) has been fulfilled in respect of the excess to be subsidized , The provisions of Article 30 of Regulation (EEC) No — is less than the tonnage of sugar in respect of 2637/70 shall apply mutatis nuttiindis to export which the subsidy has been granted, the Member licences issued pursuant to Article 9 (a ). State shall recover in respect of the deficient quan­ tities the corresponding amount of - the subsidy Art iclt 16 plus daily interest at the rate of 9 % per annum .

The Member States shall take all measures to ensure The amount per 100 kg of sugar to be paid or recov­ ered by the Member State concerned shall be that of the necessary supervision of the implementation of the subsidy as awarded or, where appropriate , the this Regulation . The competent Italian authorities shall return the control copies referred to in Article 1 1 weighted average of the amounts of all the subsidies awarded to the successful tenderer concerned in the (a) immediately after the customs formalities for import into Italy have been completed . course of the standing invitation to tender.

Artic/t 14 Artidt 17

The standing invitation to tender provided for in An Article 30e as follows is inserted in Regulation Regulation ( EEC) No 312/75 is hereby closed . ( EEC ) No 2637/ 70 :

'/1 rtidc 301 Artidt 18 For the purposes of Article 9 (a) of Regulation ( EEC) No 630 / 75 , Section IX of the export licence This Regulation shall enter into force on 1 3 March 1 975 . 'shall contain one of the following endorsements :

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

Done at Brussels , 12 March 1975 .

/■'or the Commission

P.J. LARDINOIS

Mtmhtr of the Commission