31975R0999

18 . 4 . 75 No L 97 / 21 Official Journal of the European Communities

REGULATION ( EEC) No 999/75 OF THE COMMISSION of 17 April 1975 amending the terms of the invitations to tender in the sugar sector referred to in Regulations (EEC) No 314/75 , ( EEC) No 557/75 , (EEC) No 558 /75 and ( EEC) No 630 / 75

THE COMMISSION OF THE EUROPEAN tions to tender by tenderers who wish to supply the COMMUNITIES, highest deficit market, namely Italy, with white sugar ;

Having regard to the Treaty establishing the European Whereas the measures provided for in this Regulation Economic Community ; are in accordance with the Opinion of the Manage­ Having regard to Council Regulation No 1009 / ment Committee for Sugar, 67/ EEC (') of 18 December 1967 on the common organization of the market in sugar, as last amended by Regulation (EEC) No 2476/74 (2 ), and in particular Articles 1 1 (2), 1 6 ( 5) and 25 (3 ) thereof ; HAS ADOPTED THIS REGULATION : Having regard to Regulation (EEC) No 608 /72 (3) of 23 March 1972 laying down rules to be 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 Article 5 (4) (b) of Regulation (EEC) No 557/75 shall tional quantity in respect of the subsidized importa­ start as follows : 'Without prejudice to the provisions tion of sugar and amending Regulation ( EEC) No of the third subparagraph of paragraph 5'. 2931 /74, as amended by Regulation (EEC) No 821 /75 (5 ), and in particular Article 4 ( 2) thereof ;

Having regard to Council Regulation (EEC) No Article 2 2932/74 (6) of 18 November 1974 on the grant and financing of a subsidy on sugar produced in excess of the maximum quota and on the financing of the Article 5 (4) of Regulation (EEC) No 314/75 and subsidy on sugar imports, and in particular Article 1 Article 5 (5) of Regulation (EEC) No 557/75 shall be (2) thereof ; amended to read as follows :

Whereas the different Member States concerned , 'A tender may stipulate that it is to be regarded as acting pursuant to Regulation ( EEC) No 314/75 (7), as having been submitted only if : last amended by Regulation ( EEC) No 557/75 (8), and to Regulations (EEC) No 557/75 , (EEC) No 558 /75 (q) (a) the maximum amount of the subsidy provided and (EEC) No 630 /75 ( l0) currently issue standing invi­ for in Article 8 is fixed on the day on which tations to tender for subsidies on imports of white and the time limit for the submission of tenders raw sugar and for subsidies on certain white sugars expires ; produced in the Community and intended to be sold there ; (b) the contract awarded relates to the entire quan­ tity indicated in the tender or to a specified Whereas the terms of the abovementioned invitations part thereof ; to tender should be amended appropriately in the light of experience and particularly in order to Moreover, a tenderer may submit tenders in increase the scope for participation in these invita­ respect of one and the same quantity of sugar in response to a partial invitation to tender (') OJ No 308 , 18 . 12. 1967, p. 1 . conducted under Regulation ( EEC) No 314/75 and (2) OJ No L 264, 1 . 10 . 1974, p. 70 . in response to a partial invitation to tender of the (3 ) OJ No L 75, 28 . 3 . 1972, p. 5 . (4) OJ No L 20 , 25 . 1 . 1975, p. 39 . same date conducted under Regulation ( EEC) No (5 ) OJ No L 79 , 28 . 3 . 1975, p. 1 . 557 /75 . The two tenders concerned shall be (6) OJ No L 311 , 22. 11 . 1974, p. 10 . submitted to the competent agency of a single ( 7) OJ No L 35, 8 . 2. 1975, p. 11 . Member State and shall be marked " Dual tender". (8) OJ No L 59 , 5 . 3 . 1975, p. 8 . (9) OJ No L 59 , 5 . 3 . 1975, p. 16 . In respect of tenders marked " Dual tender" the ( 10) OJ No L 66, 13 . 3 . 1975, p. 5 . tenderer shall have :

No L 97 / 22 18 . 4 . 75 Official Journal of the European Communities

— the right to lodge in respect of the quantity of contract shall be awarded to every tenderer whose sugar concerned only one of the securities for tender does not exceed the maximum amount of tender required in respect of the two partial the subsidy. invitations to tender, and , However, where the application of this provision — the obligation , if both his tenders are would lead to the maximum tonnage being successful, to cancel one of them by notifying exceeded, the total amount in respect of which in writing the competent agency in the contracts are awarded shall be limited to that Member States concerned within two working maximum tonnage, awards being made in days following the expiry of the time limit for ascending order of tender by reference to the level the submission of tenders .' of subsidy proposed . Where two or more tenderers quote the same subsidy and awards to all of them would result in the maximum tonnage being Article 3 exceeded, the tonnage available shall be divided among them in proportion to the quantities 1 . Article 1 ( 1 ) of Regulation (EEC) No 314/75 tendered for.' shall be amended to read as follows :

' 1 . Italy, the Netherlands and the United Article 5 Kingdom shall open a standing invitation to tender in respect of a subsidy on the importation Article 7 (2) of Regulation (EEC) No 557/75 shall be from third countries of white and raw sugar, and amended to read as follows : during the period of validity of such standing invi­ tation to tender they shall issue partial invitations '2 . Tenders, and any cancellations of tenders in to tender in respect of which a maximum quantity the case of dual tenders, shall be notified to the shall be fixed for each Member State . Commission without delay and in a manner such that the tenderers cannot be identified .' The maximum quantity fixed for a partial invita­ tion to tender by virtue of Article 1 (2) of Regula­ Article 6 tion ( EEC) No 557/75 shall apply also to the partial invitation to tender conducted on the same Article 6 (4) of Regulation (EEC) No 558 /75 shall be date by virtue of this Regulation .' amended to read as follows : 2 . The following second subparagraph shall be '4. Except in cases of force majeure, the security added to Article 5 ( 1 ) of Regulation (EEC) No 314/75 : required for the invitation to tender shall be released only in respect of that quantity : 'A tender shall relate only to the subsidy necessary for the importation of sugar into a Member State (a) for which the tenderer : in respect of which a maximum tonnage greater — has not withdrawn his tender, and than zero has been fixed for the partial invitation to tender in question .' — has completed customs import formalities under the import licence issued following 3 . In Article 6 ( 1 ) of Regulation (EEC) No 314/75 the award of a contract, the provisions of the amount ' 25 units of account' shall be replaced by Article 18 of Regulation (EEC) No 193/75 the amount ' 10 units of account'. to apply mutatis mutandis ;

(b) in respect of which no award has been made . 4. Article 8 (2) of Regulation (EEC) No 314/75 shall be amended to read as follows : The security shall be released without delay.' '2. The maximum subsidy referred to in para­ graph 1 shall be fixed for each Member State Article 7 referred to in Article 1 ( 1 ) in respect of which a maximum quantity has been fixed and to which Article 11 (3) of Regulations (EEC) No 314/75 and tenders have been submitted '. ( EEC) No 557/75 shall be amended to read as follows : Article 4 '3 . By way of derogation from Article 32 ( 1 ) of Regulation (EEC) No 2637/70, import licences Article 9 of Regulation ( EEC) No 314/75 shall be issued under this tendering procedure shall be amended to read as follows : valid for 90 days from their day of issue within the ' Article 9 meaning of Article 9 ( 1 ) of Regulation (EEC) No 193 /75 . However, import licences for white sugar Except where a decision is taken to make no intended to be put into free circulation in Italy award under a partial invitation to tender a may not be valid beyond 31 July 1975 .'

18 . 4 . 75 No L 97/ 23 Official Journal of the European Communities

Article 8 '(a) the control copy referred to in Article 1 of Regulation (EEC) No 2315/69 ('), such control Article 11 ( 1 ) (b) of Regulation (EEC) No 558 /75 shall copy to contain the following special entries : be amended to read as follows : — Sections 101 and 103 must be completed ; '(b) the right to the issue without delay, on produc­ — Section 104 must be completed by dele­ tion of the proof referred to in Article 12 (a), ting as appropriate and adding one of the of an import licence showing the quantity and following endorsements : the subsidy indicated in the offer and the "intended for home use in Italy" ; Member State in which the sugar is to be put " destine a la mise a la consommation en into free circulation .' Italie" ; " zum Verbrauch in Italien bestimmt ; " destinato ad essere immesso al consumo Article 9 in Italia" ; "bestemd voor verbruik in Italië ; 1 . In the first subparagraph of Article 12 (a) of "bestemt til forbrug i Italien" ; Regulation ( EEC) No 558 /75 the words 'sixty days' — Section 106 must be completed by shall be replaced by 'thirty days'. entering one of the following endorse­ ments : 2. The following subparagraph shall be added to Article 12 (a) of Regulation (EEC) No 558 /75 : "Tendering Regulation (EEC) No 630 /75 (OJ No L 66, 13 March 1975), time limit ' By way of derogation from the provisions of for submission of tenders expires ; Article 5 (4) of Regulation (EEC) No 2315/69 , the "Règlement d adjudication (EEC) n0 control copy referred to above shall be returned to 630 /75 (JO n0 L 66 du 13 mars 1975) délai the importer, after having been duly endorsed by de présentation des offres expirant the competent customs office, immediately on le " ; completion of the customs formalities for entry of the sugar into home use in Italy.' "Ausschreibungsverordnung ( EWG) Nr. 630/75 (ABl . Nr. L 66 vom 13 . März 1975), Ablauf der Angebotsfrist am " ; Article 10 Regolamento di gara (CEE) n . 630 /75 (GU n . L 66 del 13 marzo 1975), il The last sentence of Article 19 of Regulation ( EEC) termine di presentazione delle offerte No 558 /75 and of Article 16 of Regulation ( EEC) No scade il " ; 630 / 75 shall be deleted . Verordening m.b.t . inschrijving ( EEG ) nr. 630 / 75 ( PB nr. L 66 van 13 maart 1975), Article 11 indieningstermijn aanbiedingen eindigt °p " ; 1 . Article 10 (b) of Regulation ( EEC) No 630 /75 Forordning om licitation ( EØF) nr. shall be amended to read as follows : 630 /75 (EFT nr. L 66 af 13 . marts 1975), fristen for indgivelse af tilbud udløber '(b) the successful tenderer shall prove that the den ". quantity of white sugar mentioned in the tender has been imported into Italy within 30 By way of derogation from the provisions of Article 5 (4) of Regulation ( EEC) No 2315/69 to days following the day on which the period control copy referred to above shall be returned to for submission of tenders in question expired . Proof of importation into Italy shall be the importer, after having been duly endorsed by furnished by production of the document the competent customs office, immediately on referred to in the second subparagraph (a) of completion of the customs formalities for entry of Article 1 1 '. the sugar into home use in Italy.'

2 . The following shall be added to Article 10 of Article 13 Regulation ( EEC) No 630 / 75 : 1 . This Regulation shall enter into force on 1 8 '(c) the tenderer must include in the contract of April 1975 . sale a clause n qui ring the sugar to be retailed , 2 . The derogations provided for in Articles 9 and in the unaltered state, in Italy.' 12 of this Regulation shall also apply to those opera­ tions in respect of which the customs formalities for Article 12 importation into Italy were completed before this Regulation entered into force . Article 1 1 (a) of Regulation ( EEC) No 630 /75 shall be amended to read as follows : (') OJ No L 295, 24. 11 . 1969 , p. 14 .

No L 97 / 24 Official Journal of the European Communities 18 . 4 . 75

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

Done at Brussels, 17 April 1975 .

For the Commission

P. J. LARDINOIS Member of the Commission